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Welcome to the Bibi's Baby Wear Web Site ("Site"). Please review the following
basic terms that govern your use of and purchase of products from
our Site. Please note that your use of our Site constitutes your
agreement to follow and be bound by those terms (the "Agreement").
GENERAL
We may from time to time change the terms that govern your use
of our Site. Your use of our Site following any such change constitutes
your agreement to follow and be bound by the terms as changed.
We may change, move or delete portions of, or may add to, our
Site from time to time.
SITE CONTENTS
Unless otherwise noted, all materials, including images, illustrations,
designs, icons, photographs, video clips, and written and other
materials that appear as part of this Site (collectively, the
"Contents") are copyrights, trademarks, trade dress and/or other
intellectual properties owned, controlled or licensed by Bibi's
Baby Wear, Inc. collectively, and its subsidiaries and/or affiliates
("Bibi's Baby Wear"). The Site as a whole is protected by copyright
and trade dress, all worldwide rights, titles and interests in
and to which are owned by Bibi's Baby Wear. Bibi's Baby Wear,
bibisbabywear.COM, and all other Bibi's Baby Wear trademarks appearing
at this Site are trademarks of Bibi's Baby Wear Inc.
The Contents of our Site, and the Site as a whole, are intended
solely for personal, noncommercial (other than for the purchase
of merchandise from our site) use by the users of our Site. You
may download or copy the Contents and other downloadable materials
displayed on the Site for your personal use only. No right, title
or interest in any downloaded materials or software is transferred
to you as a result of any such downloading or copying. You may
not reproduce (except as noted above), publish, transmit, distribute,
display, modify, create derivative works from, sell or participate
in any sale of, or exploit in any way, in whole or in part, any
of the Contents, the Site, or any related software.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other
submissions disclosed, submitted or offered to Bibi's Baby Wear on or by this
Site or otherwise disclosed, submitted or offered in connection
with your use of this Site (collectively, "Comments") shall be
and remain Bibi's Baby Wear's property. Such disclosure, submission or offer
of any Comments shall constitute an assignment to Bibi's Baby Wear of all worldwide
rights, titles and interests in all copyrights and other intellectual
properties in the Comments. Thus, Bibi's Baby Wear will own exclusively all
such rights, titles and interests and shall not be limited in
any way in its use, commercial or otherwise, of any Comments.
Bibi's Baby Wear is and shall be under no obligation (1) to maintain any Comments
in confidence; (2) to pay to user any compensation for any Comments;
or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate
any right of any third party, including copyright, trademark,
privacy or other personal or proprietary right(s). You further
agree that no Comments submitted by you to the Site will be or
contain libelous or otherwise unlawful, abusive or obscene material.
You are and shall remain solely responsible for the content of
any Comments you make.
You agree that Bibi's Baby Wear may use and/or disclose information about your
demographics and use of the Site in any manner that does not reveal
your identity.By participating in Site sweepstakes, contests,
promotions, and/or requesting promotional information or product
updates, you agree that Bibi's Baby Wear may use your information for marketing
and promotional purposes.
Bibi's Baby Wear'S COMMUNICATIONS TO YOU
You agree that Bibi's Baby Wear may send electronic mail to you for the purpose
of advising you of changes or additions to this Site, about any
of Bibi's Baby Wear's products or services, or for such other purpose(s) as
Bibi's Baby Wear deems appropriate.
PRODUCT INFORMATION
Most Bibi's Baby Wear products displayed at the Site are available in select
Bibi's Baby Wear stores in the United States and select foreign markets while
supplies last. In some cases, merchandise displayed for sale at
the Site may not be available in Bibi's Baby Wear stores. The prices displayed
at the Site are quoted in U.S. Dollars and are valid and effective
only in the United States.
COLORS
We have made every effort to display as accurately as possible
the colors of our products that appear at the Site. However, as
the actual colors you see will depend on your monitor, we cannot
guarantee that your monitor's display of any color will be accurate.
LINKS TO OTHER WEB SITES AND SERVICES
To the extent that this Site contains links to outside services
and resources, the availability and content of which Bibi's Baby Wear does
not control, any concerns regarding any such service or resource,
or any link thereto, should be directed to the particular outside
service or resource.
DISCLAIMER
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS
IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE,
BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR
SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED
WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE
IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT Bibi's Baby Wear SHALL NOT
BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS
SITE.
INACCURACY DISCLAIMER
From time to time there may be information on Bibi's Baby Wear.com
that contains typographical errors, inaccuracies, or omissions
that may relate to product descriptions, pricing, and availability.
We reserve the right to correct any errors, inaccuracies or omissions
and to change or update information at any time without prior
notice (including after you have submitted your order). We apologize
for any inconvenience this may cause you. If you are not completely
satisfied with your Bibi's Baby Wear.com purchase you may contact
Bibi's Baby Wear store or by mail or by phone.
INDEMNIFICATION
You agree to defend, indemnify and hold Bibi's Baby Wear harmless from and
against any and all claims, damages, costs and expenses, including
attorneys' fees, arising from or related to your use of the Site.
MISCELLANEOUS
Unless otherwise specified and except to the extent Bibi's Baby
Wear products are offered for sale in the United States through
this Site, this Site and the Contents thereof are displayed solely
for the purpose of promoting Bibi's Baby Wear's products and services
available in the United States and select foreign markets. This
Site is controlled and operated by Bibi's Baby Wear from its offices
in Chatham, New Jersey.
This Agreement shall be construed in accordance with the laws
of the State of New Jersey, without regard to any conflict of
law provisions. Any dispute arising under this Agreement shall
be resolved exclusively by the state and federal courts of the
State of New Jersey, County of Chatham and/or the District of
New Jersey.
TERMINATION
This Agreement is effective unless and until terminated by either
you or Bibi's Baby Wear. You may terminate this Agreement at any time. Bibi's Baby Wear
also may terminate this Agreement at any time and may do so immediately
without notice, and accordingly deny you access to the Site, if
in Bibi's Baby Wear's sole discretion you fail to comply with any term or provision
of this Agreement. Upon any termination of this Agreement by either
you or Bibi's Baby Wear, you must promptly destroy all materials downloaded
or otherwise obtained from this Site, as well as all copies of
such materials, whether made under the terms of this Agreement
or otherwise.
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