Welcome to the Very Derryberry, Inc. (“Derryberry”) Terms of Use section.
Use of this Web site (“Site”) is offered to you on your acceptance of these Terms of Use, our Privacy Policy and other notices posted on the Site. Your use of the SIte or of any content presented in any and all areas of the Site indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy and other notices posted on the Site. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our information, services or Site.
Derryberry shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effective immediately following the posting of such changes on the Site. The most recent version of these Terms of Use may always be found at www.mybabybanana.com.com/terms/. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of the Site following changes to these Terms of Use shall constitute your acceptance of all such changes. These Terms of Use were last modified on March 20, 2009.
Restrictions on Use of Materials:
This Site is owned and operated by Derryberry (referred to as “Derryberry,” “we,” “us” or “our” herein). All content on this Site, including, without limitation, all programs, interface layout, interface text, images, documentation and graphics, animations, audio clips, video clips, and other copyrightable elements, and the arrangement thereof, and all copyrights, trademarks, service marks, trade dress and trade names, are the property of Derryberry or other stated owners and are protected by international and United States copyright laws. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Derryberry’s copyright and other proprietary rights. For purposes of this Agreement, the use of any such material on any other Web site or computer environment is prohibited.
In the event you download software from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Derryberry for your personal, non-commercial home use only. Derryberry does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Derryberry retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.
Disclaimer and Limitation of Liability:
This Site is for informational and entertainment purposes only. It is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance or any other uses by you in any form or manner whatsoever. Derryberry makes no representation that any materials on a Site are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access this Site, you do so at your own risk, on your own initiative and with sole responsibility for your safety. You are responsible for complying with all applicable laws.
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE PROVIDED, DISTRIBUTED AND TRANSMITTED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. DERRYBERRY SHALL NOT BE RESPONSIBLE FOR, AND DOES NOT WARRANT THAT THE SITE WILL BE OPERATED FREE OF, FAILURES IN PERFORMANCE, DELAYS OR INTERRUPTIONS, INACURRACIES OR ERRORS IN MATERIALS, VIRUSES OR CONTAMINATION, OR OTHER ERRORS OR DEFECTS. YOU USE THIS SITE AT YOUR OWN RISK.
Derryberry reserves the right, at its sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of this Site or any information contained thereon without liability or notice to you.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, DERRYBERRY, ITS AFFILIATES, RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND PROVIDERS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE MATERIALS ON THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL DERRYBERRY'S LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Privacy Policy:
You have read and agree to all of the terms and conditions of our Privacy Policy, which is located at www.mybabybanana.com/privacy.
Confidentiality and Transmissions over the Internet:
The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.
User Conduct and Obligations:
You agree to follow all applicable laws and regulations when using this Site. Furthermore, you agree that you shall not:
a. upload, post or otherwise transmit through or to this Site any content that:
i. is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
ii. infringes or violates the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
iii. contains any viruses, trojan horses, time bombs, or any other harmful programs or elements;
b. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our Site, its computer systems, servers or networks;
c. provide false information about yourself to us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication;
d. transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages;
e. collect information about other visitors to our Site without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or e-mail addresses;
f. sell access to or the use of this Site, including any content contained on, downloaded or accessed from this Site;
g. redistribute any content, including, but not limited to, financial data, provided by us in any manner whatsoever including by means of printed publication, fax broadcast, Web pages, e-mail, Web newsgroups or forums, or any other digital, electronic or paper-based service or method; or
h. intentionally alter the format in which data is provided by us or otherwise circumvent our regular interfaces to such data.
We reserve the right to edit or remove messages or materials submitted by you.
Proprietary Rights:
Very Derryberry, Inc., Baby Banana and all other copyrights, trademarks and proprietary rights on this Site are the property of Very Derryberry, Inc. Any unauthorized use of these marks is unlawful. All content on this Site, including, without limitation, all programs, interface layout, interface text, documentation and graphics, animations, video clips, downloadables (screensavers and desktop wallpapers), is the copyrighted property of Very Derryberry, Inc. and is protected by international copyright law. The content on this Site may be used by you only for your personal, non-commercial use as provided for in these Terms of Use, but may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by us.
General:
Derryberry shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Derryberry reserves the right to deny access to the Site to anyone at any time, and to terminate these Terms of Use at any time without notice in its sole discretion. Upon termination, you must cease all use of the Site and destroy any materials obtained from such Site and all copies thereof. If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.
These Terms of Use shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Site; provided that, in the event of any conflict between these Terms of Use and such other terms, the terms of these Terms of Use shall control. These Terms of Use contain the entire agreement between you and Derryberry with respect to the Site and supersede all prior understandings or agreements with respect to the Site.
Any rights not expressly granted to you are reserved by us.
Contact:
If you have any questions or concerns about the Site or these Terms of Use, please:
a) E-mail us at customerservice@mybabybanana.com
b) or write us at:
Debi Derryberry
Very Derryberry, Inc
P.O. Box 2726
Toluca Lake, CA 91610-0726
c) or call Liz Smith at (818) 752 2850. If you are not 18 years of age or older, you must have your parent or guardian's permission to call this number.
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