Acceptance of Agreement
Your use of our Website constitutes your binding acceptance and compliance of these Terms, including any modifications that we make, whether you are a “Visitor” (simply browsing BabyPips.com) or you are a “Member” (you have registered with BabyPips.com). In either instance, you are a “User” of the Service. If you wish to become a Member or make use of the Service, you must read and agree to this Agreement during the registration process.
We may modify these Terms at any time without notice to you by posting revised Terms on our site. It is your responsibility to regularly check the Website to determine if there have been changes to these Terms and to review such changes. If, at any time, you do not wish to accept the terms and conditions of service, you may not use the site. Any terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by BabyPips.com and shall be of no force or effect.
This Agreement also constitute the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website, the content, products or services provided by or through the Website and the subject matter of this Agreement.
Eligibility and Registration
Membership in the Service is void where prohibited. You agree to:
- Be at least 13 years of age or older to use the Service. The Service is not intended for those under the age of 13.
- Provide accurate, current and complete information about yourself during Membership registration;
- Maintain the security of your password and identification;
- Maintain and promptly update the registration information, and any other information you provide to BabyPips.com, to keep it accurate, current and complete;
- Be fully responsible for all use of your account and for any actions that take place using your account.
- Use the Service without violating any applicable law or regulation.
- Represent and warrant that you are fully able and competent to enter into, and abide by this Agreement.
Use of Service Limitation
The services and content on BabyPips.com are for your personal and non-commercial use, unless specifically endorsed or approved by BabyPips or its subsidiaries. As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. You may not use the Service to:
- Post or transmit any content that is disruptive, uncivil, abusive, vulgar, profane, obscene, hateful, fraudulent, threatening, harassing, defamatory, which discloses private or personal matters concerning any person, or in the sole judgment of BabyPips.com, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose BabyPips.com or its users to any harm or liability of any type;
- Post or transmit any material that you don’t have the right to transmit under law (such as copyright, trade secret or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements);
- Post, transmit, or link to sexually explicit material;
- Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Impersonate another Member or person;
- Use the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- Sell or otherwise transferring your profile;
- Use any information obtained from BabyPips.com in order to harass, abuse, or harm another person;
- Post or transmit any advertising, promotional materials, or other forms of solicitation, whether personal or commercial, including chain letters, pyramid schemes, and links or URLs to third party websites deemed as commercial;
- Violate any applicable law or regulation while accessing and using our sites, including, without limitation, the rules and regulations of the U.S. Securities and Exchange Commission and the national or other securities exchanges (especially and including the rule against making false or misleading statements to manipulate the price of any security);
- Offer, sell, or buy any security or future;
- Post or transmit any file that contains viruses, corrupted files, “Trojan Horses,” or any other contaminating or destructive features that may damage someone’s computer;
- Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
- Use any automated means, including without limitation, agents, robots, scripts, or spiders, to access, monitor, copy or harvest data from any part of our sites;
- Attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any BabyPips.com server or to the Website, through hacking, password mining or any other means not intentionally made available through the Website;
- Take any action that imposes an unreasonably or disproportionately large load on our infrastructure or disrupts the functioning of our systems or Service; and
- Take any action that damages or disrupts the functioning of our systems or Service.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third-parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email address, usage history, posted materials, IP addresses and traffic information.
All materials contained in the Website are the copyrighted property of BabyPips.com. All trademarks, service marks, and trade names are proprietary to BabyPips.com.
Unless otherwise specified, the materials and services on this Website are for your personal and non-commercial use, and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website without the written permission from BabyPips.com.
We respect the intellectual property rights of others. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. When we receive proper Notification of Alleged Copyright Infringement as described below, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act.
Without limiting the foregoing, if you believe that your work has been copied and posted on BabyPips.com in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the BabyPips.com;
- Your address, telephone number, and email address;
- A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. BabyPips.com’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: BabyPips.com, P.O. Box 29591, Richmond, VA 23242; Email: email@example.com; Attn: Copyright Agent
To obtain permission to use BabyPips.com copyrighted materials, please refer to Rights and Permissions below.
Use of the Website is also governed by our Forum Policy, which is incorporated into this Agreement by this reference. The complete policy is located at http://forums.babypips.com/register.php.
Rights and Permissions
If you have any questions concerning the usage or licensing of BabyPips.com copyrighted materials, for example, photographs, text, or other BabyPips.com materials, please submit your detailed request in writing. Please be sure to include any surrounding copy or text to the BabyPips.com material. Requests may be emailed to firstname.lastname@example.org.
Third Party Websites, Links and Advertisements
BabyPips.com takes no responsibility for, nor does it endorse or recommend, any third-party advertisements or sponsorships which are posted on the Website or through the Service, nor does it take any responsibility for the goods, services or content provided by its advertisers. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. You will not hold BabyPips.com, its subsidiaries and or affiliates responsible for the illegality or any error, inaccuracy or problem with the advertisement or sponsorship.
BabyPips.com also contains hyperlinks to other websites (“Third-Party websites”) operated by parties other than BabyPips.com, its subsidiaries and or affiliates, and other resources and advertisers. BabyPips.com is not responsible for the availability of these Third-Party websites, nor is it responsible for any of the contents, advertising, products and or services, or other materials on such Third-Party websites. Such websites are in no way investigated, monitored or checked for accuracy or completeness by BabyPips.com. Inclusion of any linked Third-Party website on the BabyPips.com does not imply approval or endorsement of the linked website by BabyPips.com, its subsidiaries and or affiliates. If you decide to access the Third-Party websites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate.
Disclaimer of Warranties and Liabilities
THE BABYPIPS.COM WEBSITE, SERVICE AND CONTENT ARE PROVIDED “AS-IS” AND BABYPIPS.COM EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BABYPIPS.COM DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ANY CONTENT OR INFORMAITON ON THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, WHETHER CAUSED BY USERS OF THE BABYPIPS.COM SERVICES, BY BABYPIPS.COM, ITS SUBSIDIARIES AND AFFILIATES, OR ANY OF ITS DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS AND EMPLOYEES, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE BABYPIPS.COM SERVICES. ALL INFORMATION AND OPINION EXPRESSED HEREIN IS SUBJECT TO CHANGE WITHOUT NOTICE. BY YOUR USE OF OUR SERVICES, YOU’RE AGREEING THAT YOU BEAR RESPONSIBILITY FOR YOUR OWN INVESTMENT RESEARCH AND INVESTMENT DECISIONS. YOU ALSO AGREE THAT WE WILL NOT BE LIABLE FOR ANY INVESTMENT DECISION MADE OR ACTION TAKEN BY YOU AND OTHERS BASED ON NEWS, INFORMATION, OPINION, OR ANY OTHER MATERIAL PUBLISHED THROUGH OUR SERVICES. OPINIONS AND RECOMMENDATIONS CONTAINED HEREIN SHOULD NOT BE CONSTRUED AS INVESTMENT ADVICE. DO NOT ASSUME THAT ANY RECOMMENDATIONS, INSIGHTS, CHARTS, THEORIES, OR PHILOSOPHIES WILL ENSURE PROFITABLE INVESTMENT.
BABYPIPS.COM ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER OR MEMBER COMMUNICATION. BABYPIPS.COM IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE OR NETWORK LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE BABYPIPS.COM SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER OR HARDWARE DEVICE RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE BABYPIPS.COM SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL OR DATA FROM OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. UNDER NO CIRCUMSTANCES SHALL BABYPIPS.COM BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE BABYPIPS.COM SERVICES, FROM ANY CONTENT POSTED ON OR THROUGH THE SERVICE, OR FROM THE CONDUCT OF ANY USERS OF BABYPIPS.COM, WHETHER ONLINE OR OFFLINE. BABYPIPS.COM IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE BABYPIPS.COM SERVICES.
IN NO EVENT WILL BABYPIPS.COM OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF BABYPIPS.COM IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BABYPIPS.COM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BABYPIPS.COM FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO BABYPIPS.COM FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM BABYPIPS.COM, REGARDLESS OF THE CAUSE OF ACTION. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SERIVCES AND THE ACCURACY OR COMPLETENESS OF OUR CONTENT.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, AND SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY BABYPIPS.COM.
You agree to indemnify and hold BabyPips.com, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, made by any third party due to or arising out of or in connection with any user content or content you post or share on or through the Website, your use of the Service or the Website, your conduct in connection with the Service or the Website or with other users of the Service or the Website, or any violation of these Terms or of any law or the rights of any third party.
Last Updated: January 19, 2009