Revised: November 10, 2010
These Terms of Service govern your use of the Gymboree Play & Music blogging site (the "Blog"). The Blog is owned and operated by Gymboree Play Programs, Inc. ("Gymboree"). Please read these Terms of Service carefully before using the Blog. By using the Blog, you agree to these Terms of Service.
You must be at least 18 years old to use the Blog.
Use of the Blog and Content
You are responsible for your use of the Blog and for any use of the Blog made using your account. At Gymboree, our goal is to create a positive and safe community experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to others. When you use the Blog or Services, you may not:
- violate any law or regulation;
- violate or infringe other people's intellectual property, privacy, publicity, or other legal rights;
- transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- send unsolicited or unauthorized advertising or commercial communications, such as spam;
- make any false or misleading statements or fail to disclose a material connection to Gymboree (a "material connection" is one that could influence the weight or credibility a consumer would give to the communications or messages made by you);
- transmit any malicious or unsolicited software;
- stalk, harass, or harm another individual;
- impersonate or misrepresent your affiliation with someone else;
- use any means to "scrape," "crawl," or "spider" any Web pages contained in the Blog (although Gymboree does allow public search engines to use spiders to index materials from the Blog for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and Gymboree reserves the right to revoke these exceptions either generally or in specific cases); or
- use automated methods to use the Blog in a manner that sends more requests to the Gymboree servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser.
You own all content and information you post or share using the Blog (referred to as "User Content"), such as posting or sharing comments, reviews, photos, profile information, and audio and video clips. You give Gymboree permission to use your User Content as follows: you grant to Gymboree and its affiliates a license to use, copy, display and perform your User Content in connection with the Blog. We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others and we may use your User Content to advertise and promote Gymboree or Gymboree products and services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to your User Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time.
You promise that:
- you own all rights to your User Content or, alternatively, that you have the right to give Gymboree the rights described above;
- you have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and
- your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
We welcome your feedback on the Blog or Gymboree's products and services. All comments, feedback, postcards, suggestions, ideas, and other submissions regarding the Blog or Gymboree's products and services submitted to Gymboree ("Feedback") shall be and remain Gymboree's property. Such disclosure, submission or offer of any Feedback shall constitute an assignment to Gymboree of all worldwide right, title and interest in all copyrights and other intellectual property in the Feedback. Gymboree will own exclusively all such right, title, and interest and shall not be limited in any way in its use, commercial or otherwise, of any Feedback. Gymboree is and shall be under no obligation (a) to maintain any Feedback in confidence; (b) to pay any compensation for any Feedback; or (c) to respond to any Feedback.
Copyright and Intellectual Property Policy
We respect the intellectual property rights of others. Upon proper notice, we will remove User Content or other applicable content that violates copyright or other intellectual property rights. We will also terminate the accounts of repeat infringers. If you believe your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please send Gymboree's Agent for Notice a notification with all of the following information:
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the claimed infringing material and information reasonably sufficient to permit Gymboree to locate the material on the Blog;
- information reasonably sufficient to permit Gymboree to contact you, such as an address, telephone number, and, if available, an e-mail address;
- a 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 notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- your physical or electronic signature.
Links to and from other Websites
To the extent that the Blog contains links to outside services and resources, the availability and content of which Gymboree 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. Gymboree makes no representation or warranty regarding such linked third party services and resources.
Disclaimer and Limitations on Our Liability
WE TRY TO KEEP THE BLOG AVAILABLE, BUG-FREE, AND SAFE, BUT YOU USE THE BLOG AT YOUR OWN RISK. THE BLOG, INCLUDING ANY DATA AND INFORMATION PROVIDED BY GYMBOREE TO YOU, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GYMBOREE AND ITS EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS ("AFFILIATES") DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE BLOG (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).
IN PARTICULAR, GYMBOREE AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE BLOG (INCLUDING ANY CONTENT SUBMITTED BY ANY THIRD PARTY USING THE BLOG), OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE BLOG. GYMBOREE AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, DATA OR INFORMATION; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE BLOG; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE BLOG; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE BLOG BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE BLOG.
GYMBOREE AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE BLOG OR ANY LINKED WEBSITES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GYMBOREE NOR ANY OF ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE BLOG.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Gymboree may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Gymboree's liability will be the minimum permitted under such law.
You agree to indemnify, defend, and hold harmless Gymboree and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that such parties may incur as a result of or arising from (a) any information (including, without limitation, User Content) you (or anyone using your account) submit, post, or transmit on or through the Blog; (b) your (or anyone using your account's) use of the Blog; (c) your (or anyone using your account's) violation of these Terms of Service; or (d) your (or anyone using your account's) violation of any rights of any other person or entity. Gymboree reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Gymboree, as applicable, in asserting any available defenses.
If you violate any of these Terms of Service, your permission to use the Blog automatically terminates.
Modifications to the Blog
Gymboree reserves the right to modify or discontinue the Blog with or without notice to you. Gymboree shall not be liable to you or any third party should Gymboree exercise the right to modify or discontinue the Blog.
From time to time, we may change these Terms of Service. If we change these Terms of Service, we will inform you by posting the revised Terms of Service on the Blog. Those changes will go into effect on the Revision Date shown in the revised Terms of Service. By continuing to use the Blog, you agree to the revised Terms of Service.