TERMS OF SERVICE
Welcome to pleasemum.com (the "Site")! These terms of use ("Site Terms") apply exclusively to your access to, and use of, the Site so please read them carefully. They do not alter in any way the terms or conditions of any other agreement you may have with Please Mum (the "Company") for other products or services.
The Company reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site.
BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.
If you have any question regarding the use of the Site, please refer first to the Frequently Asked Questions. All other questions or comments about the Site or its contents should be directed to our call center at 1-800-665-9644.
Index of Provisions
- Incorporated Policies
- License and Site Access
- Copyright
- Trademarks
- Submissions
- Disclaimer
- Limitation on Liability
- Applicable Law
- Termination
- Severability
Incorporated Policies or Terms
Security and Privacy Policy.
The Company believes strongly in protecting user privacy and providing
you notice of the Company's collection and use of data, including
personal identifying information, collected from the Site. Therefore,
the Company has adopted a Security and Privacy Policy that you should refer to in order to fully understand how we use and collect information.
Terms of Sale. All sales from the Site are governed by the Company's Terms of Sale. You should refer to our Terms of Sale to learn more about applicable product warranties, our return policy, and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these Terms of Sale. The Terms of Sale are subject to change without prior notice at any time at the Company's sole discretion. Therefore, you should review the Terms of Sale each time you make a purchase.
License and Site Access
The Company grants you a limited license to make personal use only of
the Site. Such grant does not include, without limitation: (a) any
resale or commercial use of the Site or content therein; (b) the
collection and use of any product listings or descriptions; (c) making
derivative uses of the Site and its contents; or (d) use of any data
mining, robots, or similar data gathering and extraction methods.
Except as noted above, you are not conveyed any right or license by
implication, estoppel, or otherwise in or under any patent, trademark,
copyright, or proprietary right of the Company or any third party.
You may not use, frame or utilize framing techniques to enclose any of the Company's related trademarks, logos or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without the Company's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing any of the Company's related names, trademarks, or product names without the Company's express written consent.
Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.
Copyright
All copyrighted and copyrightable materials on this Site, including,
without limitation, the Please Mum, and all related Company logos,
designs, text, graphics, pictures, sound files and other files, and the
selection and arrangement ("Materials") thereof are ALL RIGHTS RESERVED
Copyright ©2001 Please Mum. Except as stated herein, none of the
Materials may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form or by any
means, including, but not limited to, electronic, mechanical,
photocopying, recording, or otherwise, without the prior written
permission of the Company or the respective copyright owner. Permission
is granted to display, copy, distribute and download the Materials on
this Site for personal, non-commercial, and informational use only;
provided that, you may not, without the permission of the Company or
the respective copyright owner, (a) copy, publish, or post any
Materials on any computer network or broadcast or publications media,
(b) modify the Materials, and (c) remove or alter any copyright and
other proprietary notices contained in the Materials.
Trademarks and Service Marks
All related Company logos, and the products and services described in
this Site, including without limitation Please Mum, "WKW", Lullababy,
are either trademarks, service marks or registered trademarks of the
Company, and may not be copied, imitated or used, in whole or in part,
without the prior written permission of the Company. In addition, all
page headers, custom graphics, button icons, and scripts are service
marks, trademarks, and/or trade dress of the Company, and may not be
copied, imitated, or used, in whole or in part, without the prior
written permission of the Company. All other trademarks, registered
trademarks, product names and Company names or logos mentioned herein
are the property of their respective owners.
Submissions
You agree that any materials, including but not limited to questions,
comments, suggestions, ideas, plans, notes, drawings, original or
creative materials or other information, provided by you in the form of
e-mail or submissions to the Company, or postings on this Site, are
non-confidential (subject to Company's Security and Privacy Policy)
and shall become the sole property of the Company. The Company shall
own exclusive rights, including all intellectual property rights, and
shall be entitled to the unrestricted use of these materials for any
purpose, commercial or otherwise, without acknowledgment or
compensation to you. The submission of any materials to the Company,
including the posting of materials to any forum or interactive area,
irrevocably waives any and all "moral rights" in such materials,
including the rights of paternity and integrity.
Disclaimers
"AS IS" BASIS. THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE
PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE,
INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR
ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.
WARRANTY DISCLAIMER. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. COMPANY DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE COMPANY ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
The Company reserves the right to change any and all content contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by the Company.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF
DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED
TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED
THROUGH, THIS SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF COMPANY'S SITE EXCEED $5.00 OR THE COMPENSATION YOU PAID THE COMPANY, WHICHEVER IS LESS.
Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
Applicable Law and Venue
These terms and conditions shall be governed by and construed in
accordance with the laws of the Province of British Columbia,
applicable to agreements made and entirely to be performed within the
Province of British Columbia, without resort to its conflict of law
provisions. You agree that any action at law or in equity arising out
of or relating to these terms and conditions shall be filed only in a
court located in British Columbia, and you hereby irrevocably and
unconditionally consent and submit to the exclusive jurisdiction of
such courts over any suit, action or proceeding arising out of these
terms and conditions.
Termination
Notwithstanding any of these terms and conditions, the Company reserves
the right, without notice and in its sole discretion, to terminate your
license to use the Site, and to block or prevent future access to and
use of the Site.
Severability
If any provision of these Site Terms shall be deemed unlawful, void, or
for any reason unenforceable, then that provision shall be deemed
severable from these terms and conditions and shall not affect the
validity and enforceability of any remaining provisions.