Last Modified: May 2, 2017
These Terms of Service (hereinafter referred to as “Agreement”, “Terms of Service” or “Terms”) are a legally binding agreement between you either an individual, group or entity (the “User”, “You”, or “Your”) and www.printablesbaby.com (“Website” or “Site”) owned and operated by Nhu Nguyen from her offices in Da Nang, Vietnam (“Printablesbaby”, “Company”, “We”, “Us”, or “Our”).
Please read these Terms of Service carefully. Your access to Website constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Service, please do not access the Website.
We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.
We may also participate with third-party ad vendors to target ad based on your specific interests and past browsing patterns. When You click on these Advertisements, You will be re-directed to such third-party websites which are neither owned nor operated by Us. You are advised to review the Terms and Conditions and Privacy policies of such third-party websites before entering into any transactions with such third-party providers.
The Website is designed for visitors of all ages. However, if you are under 18 years of age, you confirm that you have obtained the consent of your parent or legal guardian to enter into any binding agreement with the Company and to take responsibility for: (i) your actions; (ii) any charges associated with your purchase of any products available for sale through our website; and (iii) your acceptance and compliance with these Terms. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Site immediately. If you are entering into this agreement on behalf of an entity, you represent that you are authorized to enter into legally binding contracts on behalf of such entity.
By using our Website, you represent that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions set forth herein.
- How the Site Works
Printablesbaby is a animation character fan site that is designed to provide coloring pages and art deco to occupy children in their free time and to stimulate their creativity. Users can easily browse through the content made available on the Site and download the product of their choice for their personal and non-commercial use only. Please note that We reserve the right to change the prices for proprietary goods made available by us, through the Site, at any time without giving any notice to you.
We may also generate our income through affiliate marketing when a User clicks on a product link and purchases the product, as well as, through advertising placed on our website. Unless explicitly specified otherwise on the Website, Our responsibility is limited to facilitating the availability of the Website and content for sale that is available.
PLEASE NOTE THAT, THE COMPANY CANNOT AND DOES NOT CONTROL THE SUITABILITY, LEGALITY OF ANY CONTENT ON THE WEBSITE. THE COMPANY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL THIRD PARTY CONTENT ON THE WEBSITE. ACCORDINGLY, ANY DECISION TO PURCHASE A THIRD-PARTY PRODUCT WILL BE MADE BY THE USER AT THEIR OWN RISK.
- User Conduct
Users shall not use the Website in order to transmit, distribute, store or destroy material, including without limitation content provided by the Website and its affiliate partners: for any unlawful purpose or in violation of any applicable law, regulation, international law or laws of any other country; or in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or that is defamatory, libellous, obscene, threatening, abusive or is offensive to users of the Website, such as content or messages that promotes racism, hatred or physical harm of any kind against any group or individual; or that is false or misleading; or that harasses or advocates harassment of another person.
Users are prohibited from interfering or attempting to interfere the security of our Website, including but not limited to:
- access data which is not intended for you;
- probing, scanning or testing the vulnerability of our system and/or our network;
Violations of system or network security may result in civil or criminal liability.
Specific Restrictions on Rights to Use: In addition to the above, the users shall not:
- modify, adapt, translate, or reverse engineer any portion of the Website;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Website and on the products showcased on the Website;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website for crawling the Website and scraping content or to circumvent the technological methods adopted by the Website to prevent such prohibited use;
- collect any information about other Users for any purpose other than that specified on the Website;
- reformat or frame any portion of the web pages or products showcased on the Website without express written consent of the Company;
- create user accounts by automated means or under false or fraudulent pretenses;
- create or transmit unwanted electronic communications such as “spam” to other users of the Website or otherwise interfere with other User’s or Visitor’s enjoyment of the Website;
- submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by the Website;
- transmit any viruses, defects, Trojan horses or other items of a destructive nature;
- use of the Website or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
- copy or store any content offered on the Website for other than your own use;
- take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on the Website’s IT infrastructure;
- Remedies with Printablesbaby
You understand and agree that the Company has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We reserve the right to take actions to prevent/control such violation including without limitation, removing the offending communication or content from the Website and/or terminating the membership of such violators and/or blocking their use of the Website.
The Company shall also be entitled to investigate occurrences which may involve such violations and take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.
You may browse the Website and view content without registering, but as a condition to using certain aspects of the Website, you may be required to register at www.printablesbaby.com by providing us with the required information. You agree that you will provide us with accurate and current information when registering with the Website. Any failure on your part to provide us with the aforementioned accurate and current information shall constitute a breach of these Terms of Service. In the event of such breach, we may immediately terminate your User account. We reserve the right to refuse registration of a User account in our sole discretion. You hereby accept and agree that you are solely responsible and liable for any activity that occurs on your account. You further accept and agree that You shall be responsible for maintaining the confidentiality of your Sign in credentials on the Website. You agree that you will never use another user’s account without their prior express permission. Furthermore, you agree to immediately notify Us in writing of any unauthorized use and access to your account, or similar security breach of which you become aware of.
We may access your account and the information that you have provided, for any support or maintenance purposes or for any security issues or business reasons that we see fit.
- Content made accessible by Printablesbaby
You hereby accept that you use the website and access any content provided therein at your sole risk and you will be solely responsible and liable for any loss that may arise as a result there-from. For purposes of these Terms of Service, the term “Content” includes, without limitation, any coloring pages and art and craft deco including but not limited to games showcased on the website, comments, ratings, reviews, recommendations, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by the Website. Content added, created, submitted, posted or otherwise obtained through the Website by Users, is collectively referred to as, “User Submissions”.
- User Submissions
We may use your User Submissions in a number of different ways in connection with the Website as we may determine in our sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, promoting it, distributing it. By submitting User Submissions on the Website, you hereby do and shall grant the Website a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, reproduce, distribute, display, perform, and otherwise fully exploit the User Submissions in connection with the Website (and its successors and assigns’), including without limitation for promoting and redistributing part or all of the Website. You grant each user of the Website, a non-exclusive license to access your User Submissions through the Website.
You further represent that you have all the rights to grant such license to us, including but not limited to, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You understand that all information publicly posted or privately transmitted through the Website is the sole responsibility of the person from whom such Content originated; that the Website will not be liable for any errors or omissions in any Content; and that the Website cannot guarantee the identity of any other Users with whom you may interact in the course of using the Website.
- Modification of Terms of Service
You understand and agree that these Terms and the Website can be modified by the Company at its sole discretion, at any time without prior notice, and such modifications will be effective upon such new terms and/or upon implementation of the new changes on the Website. You agree to review the Terms of Service periodically so that you are aware of any such modifications and the Company shall not be liable for any loss suffered by you on your failure to review such modified Terms. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Website implemented after your initial access of Website shall be subject to these Terms.
The Company may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User’s access to the Website (as the case may be) without giving any prior notice, to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related.
- Intellectual Property
All content including without limitation, the text, graphics, photos and the like (“Printablesbaby Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by and/or licensed to Printablesbaby and subject to trademark, copyright and other intellectual property rights under the laws of Vietnam, foreign laws and international conventions.
Printablesbaby Content is provided to you “AS IS” for Your personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purpose whatsoever without the prior written consent of the Company. You agree not to copy, reproduce, republish, distribute, download, post, broadcast, transmit, make available to the public, or otherwise use Printablesbaby Content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any Printablesbaby Content except for your own personal, non-commercial use. Any other use of Printablesbaby Content requires the prior written permission of the Company.
We reserve all rights not expressly granted in and to the Printablesbaby Content. You agree to not engage in the use, copying, or distribution of any Printablesbaby Content, other than expressly permitted herein, including any use, copying, or distribution for any commercial purposes. If you download or print a copy of any Printablesbaby Content for personal use, You must retain all copyright and other proprietary notices contained therein.
- Copyright Dispute Policy
Except for the content submitted by the Users, on the website, any material, content or logos, marks on or part of the Website and all aspects thereof, including all copyrights and other intellectual property or proprietary rights therein, is owned by the Company or its affiliate partners. You are prohibited to modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, marks, logos, and/or materials available on the Website in whole or in part except as expressly allowed under the Terms.
If you believe that Your copyrighted material or content is posted, uploaded or made accessible through the Website, please inform Us at the email address listed below of such material and provide us with the following information:
- Identification of the material or content on the website that is claimed to be infringing your copyrighted works including information regarding the location of such materials with sufficient details to enable the Company to find, verify and remove such materials from the Website;
- Your contact information including your name, telephone number and email address;
- A statement by You setting out that You are either the owner of the copyrighted work or have been authorized by the owner to communicate with the Company with regard to the copyrighted work displayed and made accessible through the Website.
Contact Us: email@example.com
- No Liability for Third Party
If you enter into correspondence or engage in commercial transactions with any affiliate product provider, such activity would be solely between you and that third party. The Company will not be liable or have any responsibility for any such activity.
You accept that We have no control or duty to take any action regarding: the Product you download through the Website; the effects such Product has on you; how you may interpret or use such Product; or any actions that you may take after having been exposed to the Product.
You release the Company from all liability for you having acquired or not acquired a product through the Website.
You understand that we do not, in any way, screen Users. In no event shall we be liable for any damages whatsoever, arising out of or relating to your conduct or anyone else in connection with the Website. Please beware that you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.
The Website, service, content and add-to link are provided “as is”, and provided without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law.
The Company, and its directors, employees, agents, representatives, suppliers, partners and content providers do not warrant that:
(a) the Website will be secure or available at any particular time or location;
(b) any defects or errors will be corrected;
(c) any content or software available at or through the Website is free of viruses or other harmful components; or
(d) the results of using the Website or product showcased therein will meet your requirements.
Your accept that your use of the Website is solely at your own risk.
- Limitation of Liability
All liability of the Company, its directors, employees, agents, representatives, partners, suppliers or content providers howsoever arising for any loss suffered as a result of your use of the site, service, content/products, user submissions or add-to link is expressly excluded to the fullest extent permitted by law, save that, if a court of competent jurisdiction determines that liability of the Company, its founder, directors, employees, agents, representatives, partners, suppliers or content providers (as applicable) has arisen, the total of such liability shall be limited to the amount paid by you to the Company, if any.
In no event, will the total liability of the Company or its directors, employees, agents, representatives, partners, suppliers or content providers to you for all damages, losses and causes of action arising out of or relating to these terms, your use of the Website or your interaction with other Users (whether in contract, delict including negligence, warranty or otherwise) with respect to the site, service, content, product, user submissions or add-to link for:
- indirect or consequential losses or damages;
- loss of actual or anticipated profits;
- loss of revenue;
- loss of goodwill;
- loss of data;
- loss of anticipated savings;
- wasted expenditure; or
- cost of procurement of substitute goods or services.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, the Company’s liability will be limited to the fullest extent permitted by applicable law.
You agree to release, defend, indemnify, and hold the Company and its founder, affiliates, subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
(i) your access to the Website,
(ii) your use of the Product showcased on the Website,
(iii) the violation of these Terms of Service by you, or
(iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.
Governing law – These Terms of Service are governed by the laws of Vietnam. The parties agree that any dispute or claim arising out of or in connection with this Agreement or its subject-matter, shall be subject to the non-exclusive jurisdiction of the Courts in Vietnam. The Company shall retain the right, at its option and for its exclusive benefit, to institute proceedings regarding or relating to your use of the Website in the courts of the country in which You reside.
Assignability – We may assign any of our responsibilities and/or obligations to any other Person, at our sole discretion, without giving any notice to You. However, you shall not assign or transfer any of your rights under this Agreement to any other party, without express written consent from the Company.
Severability – If for any reason, any clause of this Agreement or any part of any clause is deemed to be unlawful, void, or for any reason unenforceable, then such provision will be limited or eliminated from this Agreement only to the extent necessary and will not affect the validity and enforceability of any remaining provisions.
Waiver – Under no circumstances, failure on Our part to exercise any right or remedy under this Agreement will constitute a waiver of such right or remedy.
Force Majeure – The Company is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.
Links to third party sites – The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the Website and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
We will not be responsible for any errors, omissions or representations on any Linked Site. We urge You to verify the accuracy of any information on your own before undertaking any reliance on such information.