Terms of Service

BABYANDTOT.COM(“We”, “Us”, “Our”, and the “Company”)
www.Babyandtot.com

TERMS OF SERVICE


1. Introduction. Welcome to Babyandtot.com.com (the “Web Site”), a subsidiary of Dream World Holdings Inc. By accessing our Web Site, you unconditionally acknowledge and agree to all of our terms and conditions of service below (“Terms of Service”) and our Privacy Policy.
For purposes of these Terms of Service, the terms “You” and “Your” refer to individuals using or accessing this Web Site.

We reserve the right to modify, add, remove, or otherwise change these Terms of Service from time to time without notice to You. You agree to be bound by all such modifications, additions, revisions or changes.

Your access or use of the Web Site called Babyandtot.com (the “Web Site”) and the services arising from the use of our Web Site indicates Your agreement to be bound by all of these Terms of Service. If at any time, You do not agree with these Terms of Service or our Privacy Policy, you must not use the Web Site.

While this Web Site may be browsed by anyone, its Services may only be used by individuals who can form legally binding contracts under applicable law.

By accessing and using our Web Site, You represent and warrant that (i) You have read and understand these Terms of Services; (ii) You are of legal age in the jurisdiction where You are normally resident; and (iii) You agree to be bound by all of these Terms of Service. If you are 13 years of age or under, You are prohibited from using accessing or using any of the Services.

2. Grant of License. Subject to your continued compliance with these Terms of Service, Babyandtot.com and Dream World Holdings Inc. hereby grants you a personal, non-exclusive, non-transferable, non-sub licensable, revocable license, to access and use the Services for personal purposes (the “License”). Upon the termination or expiration (to the extent applicable) of this Agreement, the License will immediately and automatically cease.

3. Ownership of Site, and Service. Access to and use of the Services are licensed, not sold, to You pursuant to, and solely for your use under, these Terms of Service and the License granted herein. Babyandtot.com and Dream World Holdings Inc. retains all right, title, and interest relating to or embodied in the Web Site and the Software, including without limitation all intellectual property rights relating to or embodied in the Web Site.

4. Ownership of Marks. All graphics, logos, service names, domain names, trademarks and trade names relating to the Services (collectively, the “Marks”) are the property of Babyandtot.com and Dream World Holdings Inc.. Babyandtot.com and Dream World Holdings Inc. retains all right, title and interest, including all intellectual property rights, in and to the Marks. You are prohibited from using any of the Marks.

5. License of Content. You retain any rights to Content you post, transmit or distribute using the Services. By using the Services, you hereby grant to Babyandtot.com and Dream World Holdings Inc., a non-exclusive, worldwide, royalty-free, fully-paid, transferable license (with the right to sublicense) to use, host, cache, record, copy, display, edit, modify, transmit, process, publish, upload, transfer, store, control, download, record and distribute information, text, graphics, photos, video, or other materials (collectively, the "Content") generated or submitted by You in connection with Your use of the Services in and by any and all computing hardware, networks, media, or methods of distribution, whether now known or developed later. Upon the expiration or other termination of this Agreement, this license from You will immediately and automatically cease except to the extent that Content is stored or otherwise retained by Babyandtot.com and Dream World Holdings Inc. pursuant to Our data storage policies.

6. Disclaimers Regarding Content. You are responsible for Your use of the Services, for any Content You make available using the Services, and for any consequences thereof, whether such use is displayed publicly, and/or anonymously. The Content you submit, post, transmit, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that You are comfortable sharing with others under these Terms of Service.

All Content is the sole responsibility of the person transmitting or distributing the Content using the Services. You are solely responsible for all Content you generate or submit. Any use or reliance by You of any Content made available through using the Services is entirely at Your own risk.

You acknowledge that the Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Babyandtot.com and Dream World Holdings Inc. on the Services are subject to change. In consideration for Babyandtot.com and Dream World Holdings Inc. granting You access to and use of the Services, You agree that Babyandtot.com and Dream World Holdings Inc. and its third party providers may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by You or others.

Babyandtot.com and Dream World Holdings Inc. does not verify, support, or endorse any Content. We have no responsibility or liability for the accuracy of Content, the failure to transmit, store, or receive transmission of Content, or the security, privacy, storage or transmission of other communications originating from or otherwise involving use of the Services under any circumstances. We do not represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications transmitted or distributed via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, You may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, transmissions that may be deceptive or inaccurately described.

7. (a) Functions. Babyandtot.com and Dream World Holdings Inc. reserves the right to enhance, modify, or discontinue any aspect of the functionality of the Web Site, or the nature or scope of the Services, in whole or in part, at any time, for any reason, or for no reason at all, at our sole discretion, with or without notice to You. We reserve the right to create limits on use and storage at our sole discretion at any time and without notice to You.

8. Restrictions on Use of Site, and Service. You agree not to decompile, disassemble, reverse engineer, translate or otherwise attempt to learn the source code of the Web site and Software. Unless expressly set forth in these Terms of Service, You may not create, assign, copy, create derivative works of, deliver, distribute (including by any frame protocol), lease, loan, modify, pledge, rent, sell, sublicense, timeshare, use (including by any mirror) or otherwise transfer, directly or indirectly, the Web Site, the Software or any aspect of the Services, any portion thereof or any rights thereto. You may not remove any Marks, copyright notices or other proprietary rights or markings from, or alter or add to any Marks, copyright notices or other proprietary rights or markings contained within, the Web Site or the Software. You are prohibited from reselling or acting as a service bureau for the Web Site or the Software or any component thereof. You may not access the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.

9. User Representations, Warranties and Covenants. You hereby represent, warrant, and covenant, with the knowledge and understanding that Babyandtot.com and Dream World Holdings Inc. will rely on these representations, warranties, and covenants, as follows:

(a) Use of Site, and Service.

(i) You have all necessary capacity to abide by these Terms of Service including having (A) a valid license to use the software and web site applications, third party or otherwise, that generate Content, and (B) the unrestricted right to submit and use the Content. Unless You have all requisite rights to submit and use information (whether belonging to You, or any third party), You are not permitted to submit such Content or information to the Web Site or to otherwise use Your Content in any manner that involves the Services.

(ii) If you decide You want to obtain added functionality provided by the Software, You will be required to register with Us by providing Your e-mail address and creating a log-in ID and creating a unique password (collectively, “Log-In Information”). You are solely responsible for all activity occurring under your Log-In Information. You must keep your Log-In Information confidential. Babyandtot.com and Dream World Holdings Inc. has no obligation or responsibility with regard to Your use, distribution, disclosure or management of Log-In Information. You agree that Babyandtot.com and Dream World Holdings Inc. may act in reliance, without investigation, upon any Log-In Information provided by You. We will not be required to inquire into the truth or evaluate the merits of any of your Log-In Information or any statement or representation contained in any notice or document presented by You. Any individual using your Log-In Information is conclusively deemed to have actual authority to engage in transactions using the Services and, accordingly, all transactions made by any individual using Your Log-In Information are hereby authorized and approved by You, and You hereby agree to indemnify, defend and hold Babyandtot.com and Dream World Holdings Inc. harmless from any claims, damages, or liabilities arising from or relating to any such transactions.

(b) Content.

(i) You are the owner, authorized licensee or authorized user of all Content generated or submitted by you to the Web Site, the Software, or Services.

(ii) You will not publish, post, upload, record, publicly display, link to or otherwise distribute or transmit any Content that:

(A) infringes, or may reasonably be expected to infringe, any copyright, patent, trademark, service mark, trade name, trade secret, domain name or other intellectual property or proprietary right of Babyandtot.com and Dream World Holdings Inc. or any other person, firm, corporation, or entity (together, a “Person”) or any rights of publicity or privacy of any Person;

(B) violates any applicable law, statute, ordinance or regulation (including without limitation applicable laws and regulations concerning anti-discrimination, false advertising or unfair competition);

(C) promotes, solicits, comprises or contains inappropriate, objectionable or unlawful material, including material which is hateful, threatening, or pornographic, incites violence, or contains nudity or graphic or gratuitous violence;

(D) is harmful to minors;

(E) contains cancelbots, corrupted files, time bombs, Trojan horses, viruses, worms or any other similar data, programs or software that may damage, expropriate, intercept or interfere with any data, information, property or system of another Person or that may damage or interfere with the normal functioning of the Web Site, the Software or the Services;

(F) advocates, assists, incites, instructs, promotes or otherwise encourages violence or any illegal activity;

(G) attempts to mislead others about your affiliation with Babyandtot.com and Dream World Holdings Inc.; or

(H) contains information or data for which You do not have the right to permit Babyandtot.com and Dream World Holdings Inc. to collect, store and process.

(c) Legal Compliance.

(i) You are authorized, and have all of the rights, to grant all licenses and other rights granted by You to Babyandtot.com and Dream World Holdings Inc. pursuant to these Terms of Service.

(ii) You are solely responsible for your familiarity and compliance with any and all laws that may prohibit You from accessing or using any part or all of the Services, or that may limit or regulate such participation or use.

(iii) You agree not to use the Services for any illegal purpose.

(iv) You agree to comply with all applicable local, state, national and international laws and regulations, including without limitation laws relating to intercepting, monitoring or recording communications, privacy and data protection, and public displays or performances. You further agree that neither these Terms of Service nor any other right or remedy of Babyandtot.com and Dream World Holdings Inc. requires Us to exercise any right or remedy in order to benefit or protect anyone, although We reserve the right to do so in Our sole discretion.

(d) Use Restrictions. You acknowledge and agree that any unauthorized use, copying or distribution of the Web Site or the Software is expressly prohibited without the prior written consent of Babyandtot.com or Dream World Holdings Inc. in any instance. Without limitation, You agree not to do any of the following, each of which constitutes an unauthorized use:

(i) attempt to gain unauthorized access to the Web Site or the Software, or to other accounts, computer systems or networks connected to the Web Site or the Software, whether through hacking, password mining or any other means;

(ii) falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations, or labels of the origin or source of software or other material contained in a file that is uploaded;

(iii) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services;

(iv) engage in any systematic extraction of data or data fields, including without limitation e-mail addresses;

(v) disrupt, interfere with or inhibit any other Person’s use and enjoyment of the Services;

(vi) violate the rights of Babyandtot.com and Dream World Holdings Inc. or any third party, including without limitation, abuse, defame, defraud, harass, intimidate, bully, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of Babyandtot.com and Dream World Holdings Inc. or any third party;

(vii) use any Babyandtot.com domain name as a false or pseudonymous return e-mail address;

(viii) use the Babyandtot.com and Dream World Holdings Inc. name to market or sell any goods or services (including advertising and making offers to buy or sell goods or services or implying that Babyandtot.com and Dream World Holdings Inc. in any manner endorses or is associated with such goods and services), unless Babyandtot.com and Dream World Holdings Inc. has given its prior written consent for such activity;

(ix) use the Services to sell, market, or promote, anything that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch”;

(x) use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services or any networks connected to the Web Site or the Software; or

(xi) access or use the Services in any manner that could damage, disable, overburden or impair any Babyandtot.com and Dream World Holdings Inc. server or the networks connected to any Babyandtot.com and Dream World Holdings Inc. server.

10. Using our Services. Use of our Services by You, is subject to all applicable local, provincial, federal, and international laws and regulations. We reserve the right, but not the obligation, to remove or refuse to transmit or distribute any of your Content and to terminate Your License. We also provide no assurance that any filtering We may do will be to Your satisfaction. Upon learning of any breach of this Agreement, Babyandtot.com and Dream World Holdings Inc. may, at its sole discretion, terminate Your access to and use of the Services, require You to remedy such breach, or take any other actions that We deem appropriate to enforce Our rights and pursue all available remedies. Without limitation, Babyandtot.com and Dream World Holdings Inc. reserves the right to terminate Your License and use of the Services if, in our view, Your conduct fails to comply with the terms set forth above in Sections 8 or 9.

All decisions concerning the applicability of or compliance with the terms set forth above in Sections 8 or 9 will be at the exclusive and absolute discretion of Babyandtot.com and Dream World Holdings Inc.. Babyandtot.com and Dream World Holdings Inc. retains the right at all times, in its absolute discretion to, pre-screen, refuse, or remove any Content that is available via or using the Services. Babyandtot.com and/or Dream World Holdings Inc. will have the right to remove any Content that breaches these Terms of Service or is otherwise objectionable, without any notice to You.

11. Privacy. Babyandtot.com and Dream World Holdings Inc. does not disclose personally identifiable information. See our Privacy Policy for more details.

12. Account and Password. If You choose to register with Babyandtot.com and become a member, you will have a password and an account with Babyandtot.com.com. You are responsible for maintaining the confidentiality of your password and account. Babyandtot.com and Dream World Holdings Inc. will never ask for your password. Furthermore, You will be entirely responsible for any and all activities that occur under Your account. You agree to immediately notify Babyandtot.com of any unauthorized use of Your account or any other breach of security known to You.

13. Using the Services is at Your Own Risk. Your access to and use of the Services or any Content is at Your own risk. You understand and agree that the Services are provided to You on an "AS IS, WHERE IS" and "AS AVAILABLE" basis. Without limiting the foregoing, Babyandtot.com and Dream World Holdings Inc. DISCLAIMS ANY WARRANTIES, CONDITIONS, OR DUTIES EXPRESS, IMPLIED OR STATUTORY, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OF ACCURACY, OF AVAILABILITY OR COMPATIBILITY, OF WORKMANLIKE EFFORT OR OF NON-NEGLIGENT PERFORMANCE. The License provided to You under these Terms of Service is for services and nothing in this Agreement will be interpreted in any manner as a sale of a product or good. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content thereon. Babyandtot.com and Dream World Holdings Inc. will not be responsible or liable for any harm to your mobile device, computer system, loss of data, or other harm that results from Your access to or use of the Services, or any Content (including any content from third party advertisers). You also agree that Babyandtot.com and Dream World Holdings Inc. have no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by Us. We make no warranty that the use of the Services meets Your requirements or will be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Babyandtot.com and Dream World Holdings Inc. or through use of the Services, will create any warranty not expressly made herein.

14. LIMITATION ON LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INDEPENDENT OF, SEVERABLE FROM AND TO BE ENFORCED INDEPENDENTLY OF ANY OTHER ENFORCEABLE OR UNENFORCEABLE PROVISION OF THESE TERMS OF SERVICE, IN NO EVENT WILL BABYANDTOT.COMAND DREAM WORLD HOLDINGS INC.’S AGGREGATE LIABILITY TO YOU (INCLUDING LIABILITY TO PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY YOU), WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE USE OF THE SERVICES, IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF ANY DUTY), STRICT LIABILITY, STATUTORY LIABILITY OR OTHERWISE EXCEED THE SUM OF $1.00. IN NO EVENT WILL BABYANDTOT.COMAND DREAM WORLD HOLDINGS INC. BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, LOSS OF GOODWILL OR BUSINESS PROFITS, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT AND EVEN IF BABYANDTOT.COMAND DREAM WORLD HOLDINGS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGES. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES WILL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. Some jurisdictions do not allow the disclaimer of certain warranties or the exclusion or limitation of liability, so the limitations above may not apply to You.

15. Waiver and Severability. The failure of Babyandtot.com and Dream World Holdings Inc. to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision. In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.

16. Entire Agreement. These Terms of Service and our Privacy Policy are the entire agreement between Babyandtot.com and Dream World Holdings Inc. and You regarding the use of the Services, and these Terms of Service supersede and replace any prior agreements between Babyandtot.com and Dream World Holdings Inc. and You regarding the same. To the extent that any conflict arises between the provisions of these Terms of Service and the provisions of the license for the web site application of the Software and Services, these Terms of Service will govern and supersede.

17. Construction. In these Terms of Service, except as otherwise expressly provided or as the context otherwise requires:

(a) the words “include” or “including” when following any general term of statement are not to be interpreted as limiting the general term or statement to the specific items or matters set forth or to similar terms or matters but rather as permitting it to refer to all other items or matters that could reasonably fall within its broadest possible scope;

(b) unless otherwise expressly noted herein, all references to money in these Terms of Service shall be to lawful currency of Canada;

(c) the words “herein”, “hereof”, “hereby” and “hereunder” and other words of similar import refer to these Terms of Service as a whole and not to any particular Section, Subsection, Paragraph, Subparagraph or other subdivision or Schedule;

(d) a capitalized cognate of a defined term or a cognate of a pronoun has a meaning corresponding to that of the defined term or the pronoun to which it relates;

(e) the singular of any term includes the plural and vice versa and the use of any term is equally applicable to any gender and where applicable to a corporate entity; and

(f) the conjunction “or” will be understood in its inclusive sense (and/or).

18. Headings. The headings to, and the division of these Terms of Service into Sections, Subsections, Paragraphs, and Subparagraphs are for ease of reference only and will not in any way affect or be used in interpreting any of the provisions of these Terms of Service. Unless the context otherwise requires, a reference to a Section, Subsection, Paragraph, Subparagraph or Schedule by number or letter is a reference to the appropriate Section, Subsection, Paragraph, Subparagraph or Schedule in these Terms of Service.

19. Governing Law. These Terms of Service will be governed by and interpreted in accordance with the laws (procedural and substantive) of the Province of British Columbia and Canada as if made and performed by and between parties situate in such province and without regard to any conflict of laws doctrine.

20. Mediation and Arbitration. Any and all disputes, controversy or claims arising out of or in connection with or in relation to these Terms of Service or the breach thereof, including any question regarding the existence, validity, performance or termination and any tort or other common law or statutory claim arising out of or relating to the performance of, these Terms of Service, Babyandtot.com’s Privacy Policy, or the Services (collectively, the “Dispute”), will be first subject to non-binding mediation in an effort to resolve any such Dispute by participating in a structured negotiation conference with a mediator under the Commercial Mediation Rules of the British Columbia International Commercial Arbitration Centre. The mediation will be held in Vancouver, British Columbia, Canada. You and Babyandtot.com and Dream World Holdings Inc. agree to use best efforts to conduct any dispute resolution procedures herein as efficiently and cost effectively as possible. All aspects of the mediation will be treated as confidential. The costs of the Mediator will be shared equally between You and Babyandtot.com or Dream World Holdings Inc.. The mediation may, at the option of either You or Babyandtot.com or Dream World Holdings Inc., occur by videoconference transmission. The party electing to participate in the mediation by videoconference will be responsible for paying the costs of one Mediator who must attend and participate in the mediation at the videoconference facility selected by the party engaging such person.

21. Arbitration. If Babyandtot.com or Dream World Holdings Inc. and You are unable to resolve the Dispute by the mediation procedures contemplated under Section 20 within 15 days of the appointment of a Mediator, or such longer period of time which Babyandtot.com or Dream World Holdings Inc. and You may both agree to, all Disputes will be referred to and finally resolved by arbitration under the Domestic Commercial Arbitration Rules of the British Columbia International Commercial Arbitration Centre with the losing party paying all costs of arbitration (including reasonable legal fees and expenses). The place of arbitration will be Vancouver, British Columbia. The appointing authority will be the British Columbia International Commercial Arbitration Centre. The case will be administered by the British Columbia International Commercial Arbitration Centre and the determination of such arbitrator will be final and binding upon You and Babyandtot.com or Dream World Holdings Inc.. Judgment on the award of an arbitrator may be entered into any court having jurisdiction over the person or property of the person against whom enforcement of the judgment is sought and You and Babyandtot.com or Dream World Holdings Inc. agree to and hereby waive any defences against the enforceability and execution of any such judgment awarded by the arbitrator as hereby contemplated. You hereby waive (a) any right to object to venue or jurisdiction based on inconvenient forum or for any other reason; and (b) any statutory or other right pursuant to the laws of the jurisdiction in which You are ordinarily resident to have a case or hearing relating to these Terms of Service adjudicated or resolved in that jurisdiction.

22. Appointment of Mediator and Arbitrator. Any mediator or arbitrator will be appointed, pursuant to Sections 20 and 21, by agreement between You and Babyandtot.com or Dream World Holdings Inc. or, in default of agreement, such mediator or arbitrator will be appointed by a Judge of the Supreme Court of British Columbia sitting in the Courts of Vancouver, upon the application of either You or Babyandtot.com and Dream World Holdings Inc..
Last updated: Aug.17.2018