Terms and conditions
By using our Service you agree to be bound by Part A of these Terms which contains provisions applicable to all users of our Service, including casual visitors. If you choose to register as a member of, or make a purchase through, our Service, you will be asked to click a Sign Up button to indicate that you have also read and agree to be bound by the additional wording set out in Part B of these Terms.
Part A: Provisions applicable to all Users of the Service (whether registered or not)
This Service is operated by Harley Clinic Ltd ("Baby Clinic"), a company incorporated under the laws of the United Kingdom whose principal business address is 130 Harley Street London W1G 7JU.
Baby Clinic is also referred to in these Terms as "we" and "us".
Purpose of the Service
Baby Clinic offers an online service to store and view videos.
Baby Clinic uses reasonable endeavours to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Baby Clinic. Every reasonable step will be taken by Baby Clinic to minimize such disruption where it is within the reasonable control of Baby Clinic. You agree that Baby Clinic shall not be liable to you for any modification, suspension or discontinuance of the Service. Additionally, we reserve the right to modify or terminate the Baby Clinic service for any reason and without notice at any time.
All brand, product and service names used in this Service which identify Baby Clinic or third parties and their products and services are proprietary marks of Baby Clinic and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Baby Clinic or any third party with respect to any such image, logo or name. QuickTime, Flash, and Windows Media Player and related icons are the property of their respective owners and such owners have not endorsed or sponsored the computer services provided on this Site.
Intellectual Property Rights in the Service
Baby Clinic, unless otherwise stated, is and shall remain the owner of all intellectual property rights, which includes, but are not limited to, copyright, patent, and database rights in the Baby Clinic Service and Baby Clinic created and owned content used by Baby Clinic in connection with providing the Service. You may not publish, distribute, extract, re-utilize, or reproduce any component part or portion of the Service or Baby Clinic created and owned content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set out in our legal notice.
Reporting violations of your copyrights
If you believe the copyright in your work has been violated through this Service, please contact Baby Clinic for notice of claims of copyright infringement, at email@example.com, or at Baby Clinic 130 Harley Street, London W1G 7JU.
A Notice of Claimed Infringement must contain the following information and/or statements:
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon. For example, the copyrighted work at issue is the video that appears on your site at http://www.xxxx.com/xxxx-page.html
- Identify the material or content on the Service that you believe infringes your work, with enough detail so that we may locate it on the Service. For example, the infringing material is located at http://www.babyclinic.co.uk/xxxx-page.html; provide your address, telephone number, and current email address;
- Provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- Provide information, if possible, sufficient to permit Baby Clinic to notify the owner/administrator of the allegedly infringing material or content (email address preferred)
- Provide us with the following statement "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or I am authorized to act on behalf of the owner of the exclusive rights that is/are allegedly infringed upon."; and
- Provide your physical or electronic signature.
Termination of Account
In appropriate circumstances, Baby Clinic will terminate the account of repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact Baby Clinic and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
Amendment of the Terms
These Terms constitute the entire agreement between Baby Clinic and you with respect to your use of the Service. Baby Clinic's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.
If you have any comments or questions about the Service please contact us by email at firstname.lastname@example.org
Part B: Provisions applicable to registered members and customers
To purchase from or register as a member of the Service you must be 16 years or over. We reserve the right to refuse service to anyone for any reason at any time.
You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete.
You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.
When you register as a member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify Baby Clinic immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.
Formation of a binding contract
No contract will exist between you and Baby Clinic for the supply of any services or products unless and until Baby Clinic accepts your order by a confirmatory e-mail, IM message or other appropriate means of communication.
You agree not to use the Service:
- for any unlawful purposes;
- to upload, post, email or otherwise transmit or communicate any material that is obscene, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous or illegal;
- to upload, post, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party including, but not limited to Baby Clinic;
- to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
- to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
- to upload, post, email or otherwise transmit any material which is likely to cause harm to Baby Clinic or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
- to make videos manufactured and/or produced by Baby Clinic available for viewing by the general public through a publicly posted link to the video or otherwise;
- to engage in any spamming of any kind or nature or any other duplicative or unsolicited messages, whether commercial or otherwise.
Violation of any of these agreements will result in the termination of your Baby Clinic account. While Baby Clinic prohibits such conduct and content on its site, you understand and agree that Baby Clinic cannot be responsible for the Content posted on its website and you nonetheless may be exposed to such materials and that you use the Baby Clinic service at your own risk.
You further agree that you shall not:
- interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or
- provide any information to Baby Clinic that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose;
- make duplicate user accounts to bypass account restrictions.
Monitoring of content
Baby Clinic does not control the content of members' accounts and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and activity that occurs on your user account.
Suspension, modification and termination of access and membership
You agree that Baby Clinic may at any time without notice:
- refuse to accept your application to become a member of babyclinic.co.uk;
- move or suspend any part of the Service; or
- refuse to fulfil any order, or any part of any order or terminate your account and delete any content stored in your account if, in Baby Clinic's sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires Baby Clinic to do so;
- modify any user name or other content that could be confusing with any Baby Clinic products and services or which contains any explicit/objectionable content.
Baby Clinic provides online storage of content to its members. If your account becomes inactive for a period of 12 months, Baby Clinic may, at its option, terminate access to the account altogether (including deletion of any account information held by Baby Clinic). Baby Clinic may change this policy at any time, upon reasonable notice to you.
You may cancel your account at any time without refund.
Disclaimer of warranty and limitation of liability
Baby Clinic agrees that all services will be carried out with reasonable skill and care.
THE SERVICE, BABY CLINIC’S SITES AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY Baby Clinic "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, Baby Clinic DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR VIDEO TO BABY CLINIC, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, Baby Clinic SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, Baby Clinic'S SITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF Baby Clinic HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.