Terms and conditions
By accessing, using, and/or registering with this website (“Site”), you (“you,” “your,” “User”) acknowledge that you have fully read, understood and agree to be bound by these Terms of Use, as well as by our Privacy Policy, and all other applicable operating rules, policies and/or procedures that may be published by us from time to time on the Site, each of which is incorporated by reference and each of which may be updated without notice to you. Please be sure to check the Terms of Use regularly to keep up to date with any changes. If you do not agree to any of these Terms of Use, or to our Privacy Policy, do not access or use the Site.
Gugu Guru welcomes your comments and feedback regarding this Web site and services. Any information, materials, suggestions, ideas or comments sent to Gugu Guru will not be treated as confidential, proprietary or trade secret information and, by submitting such information, you are granting Gugu Guru an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever. Unless required by law, Gugu Guru will not use your name in connection with any such information, materials, suggestions, ideas or comments without your prior written consent.
- Purpose and Scope of the Services
The Web Site and all of its services and content are owned and operated by Guguguru, Corp. registered in the state of New York, doing business as Gugu Guru.
The Web Site provides information about mom and baby products for parents. You can gather information free from the Web Site, its blog, or through links to or feeds from other web sites.
Gugu Guru does not target children under the age of 13 and does not knowingly accept users who are under the age of thirteen.
- Proprietary Rights in Web Site Content
All content on the Web Site including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the “Web Site Content”), are the proprietary property of Gugu Guru with all rights reserved. No Web Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, except as provided by Gugu Guru’s express prior written permission. Any use of the Web Site or the Web Site Content other than as specifically authorized herein, without the prior written permission of Gugu Guru, is strictly prohibited. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Web Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
All material and information presented by Gugu Guru are intended to be used for educational or informational purposes only. Gugu Guru and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Gugu Guru and may not be used in connection with any product or service that is not offered by Gugu Guru in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Gugu Guru. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
- User Content
“User Content” means the information you have provided to us to be posted on the Web Site. Information may be provided in the form of user profile information including user registry information, i.e., picture, name and address information, comments, or, if the Web Site provides any forum, in a variety of additional related forms such as posts to such forums, user profile information, photographs or video. Gugu Guru does not claim ownership rights in any User Content.
You are solely responsible for the information that you submit to Gugu Guru. You understand and agree that Gugu Guru may, but is not obligated to, review any User Content submitted by you and that the decision whether or not to post User Content is determined solely by Gugu Guru. You further understand and agree that Gugu Guru reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability.
- User Conduct
You understand that the Services and the Web Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted or shared by you through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Users from the Services or the Web Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Services or the Web Site or for any other purpose. You further agree that you may not use the Services or the Web Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Web Site. In addition, you agree not to use the Services or the Web Site to:
- upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available any information that you know is false or misleading;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make available any photographs of another person or taken by another person without that person’s consent;
- solicit passwords or personally identifying information for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass another User or Contributor;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Gugu Guru, is objectionable or which restricts or inhibits any other person from using or enjoying the Web Site, or which may expose Gugu Guru or its Users to any harm or liability of any type.
If you become aware of misuse of the Services by any person, please contact Gugu Guru.
- User Accounts
- When a User creates a User Account (or authorizes a User Account to be created in User’s name) in order to use the Services, the User will be provided with a username and will select a password (a “User Account”).
- User agrees to keep User Account password/s confidential and secure at all times and not to provide User’s username and password to any person or entity that is not acting on the User’s behalf and for the User’s benefit.
- By creating a User Account, User represents and warrants that:
- in the case of a natural person, the User is at least eighteen (18) years of age;
- User agrees to the terms of, and to comply with, these Terms of Use;
- the information provided by the User to create the User Account is current, true and correct in every detail;
- User will only use the User Account and the Services for User’s own benefit
- User will not attempt, in any manner whatsoever, to (i) gain access to the Site by any means other than through User’s own User Account, (ii) gain any access or interfere with or to impair the proper operation of the Site, or (iii) catalog, download or otherwise reproduce, store or distribute content available on the Site except as expressly permitted by these Terms of Use.
- User acknowledges and agrees that: ol type=”a” li.text-tc certain information submitted by the User when creating a User Account may be made available to other Users in the ordinary course of provision of the Services, such as the registry and profile information, in order to facilitate purchases from the registry notwithstanding any privacy or other laws or telecommunications regulations which would otherwise restrict Gugu Guru from making a disclosure of the identity of the User. li.text-tc User will use the Site and the Services in compliance with these Terms of Use and all applicable laws and regulations; li.text-tc User will not use the Site, the Services or the User Account in a malicious, fraudulent or illegal manner; li.text-tc User will not use the Site, the Services or the User Account to complete, or attempt to complete any commercial transaction between Users outside of the Site.
- Disclaimer and Exclusion of Liability
Gugu Guru is not responsible or liable in any manner for any User Content or Third Party Content posted on the Web Site or in connection with the Services.
The information provided by this Web Site contains the recommendations based on consumer research as well as the opinions and experiences of advisors and employees of Guguguru, Corp. It may also include those from guest authors, who are identified as such. This Web Site is not intended to provide medical, health, or nutritional advice, and it should not be relied upon for that purpose.
The materials on Gugu Guru’s web site are provided “as is”. Gugu Guru makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Gugu Guru does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
The User acknowledges that in accessing the Site, the User has relied on its/his/her own skill and judgment in the use of the Site and in determining its sufficiency for the use and results which User intends to obtain from the Site;
In no event shall Gugu Guru, its agents, successors, subsidiaries, affiliates or assigns, and each of their respective officers, directors, employees be liable to any User of the Site or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages or injury (including, but not limited to, product recalls, loss of data, faulty goods) arising out of the use or inability to use the Site or any information or images contained thereon or stored or maintained by Gugu Guru, whether based on warranty, contract, tort, or otherwise, even if Gugu Guru has been advised of or should have known of the possibility of such damages or losses. Without limiting the foregoing, in no event shall Gugu Guru, its agents, successors, subsidiaries, affiliates or assigns, and each of their respective officers, directors, employees, have any liability for any damages or losses arising out of or otherwise incurred in connection with the loss of any image or data or information contained in a User Account or otherwise stored by or on behalf of Gugu Guru. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
- Site Access
- User agrees to use the Site in accordance with these Terms, and any other communicated policies or procedures that are posted on the Site from time to time. The User agrees to comply with all directions relating to the access and use of the Site.
- Gugu Guru will not provide the User with any software or hardware required to assist the User in gaining access to the Website or use the Services.
- Gugu Guru may, in its absolute discretion, retain and assess any data or information concerning the use of the Site by the User, subject to Gugu Guruʼs Privacy Policy.
- Gugu Guru reserves the right, immediately, and without notice to the User, to suspend or to terminate the right of the User to access the Site for any reason whatsoever, including if:
- the User fails to comply with any provision of these Terms of Use including without limitation in respect of the payment of any fees;
- the User misuses the Site or fails to comply with the obligations of the User as to the use and access of the Site;
- User acknowledges that access to the Service may be suspended or terminated at any time at the discretion of Gugu Guru.
- Site Availability
User acknowledges and confirms that:
- the Site or any part of the Site may be temporarily or permanently unavailable;
- Gugu Guru makes no representation or guarantee that access to the Site will be secure, uninterrupted or error free;
- Gugu Guru makes no representation or assurances that the Site will satisfy the requirements of the User;
- Gugu Guru makes no representation or assurances that the Site will comply with any particular laws, regulations, codes or industry standards;
- Gugu Guru will not be liable to any User in the event of suspension of operation of or interruption to the Site or any part of the Site for any reason;
- Gugu Guru may change the Site or any part of the Site at any time and without notice to the User;
- Gugu Guru may, in its absolute discretion and without notice to the User, deny the User access to the Site or any part of the Site at any time and for any period of time.
- Revisions and Errata
The materials appearing on Gugu Guru’s web site could include technical, typographical, or photographic errors. Gugu Guru does not warrant that any of the materials on its web site are accurate, complete, or current. Gugu Guru may make changes to the materials contained on its web site at any time without notice. Gugu Guru does not, however, make any commitment to update the materials. Products, price, ratings and availability information is subject to change without notice.
- Links
Gugu Guru has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Gugu Guru of the site. Use of any such linked web site is at the user’s own risk.
- Governing Law; Venue and Jurisdiction
By visiting or using the Web Site and/or the Service, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that may arise between you and Gugu Guru. Any action to enforce the terms of these Terms of Use, or arising out of the subject matter of these Terms of Use, shall be commenced in the state and federal courts of Suffolk County, New York and you hereby consent to, and waive all defenses of lack of personal jurisdiction and improper or inconvenient forum with respect to, venue and jurisdiction in the state and federal courts of Suffolk County, New York.
- Attorney’s Fees
In the event of any action or proceeding to enforce the terms of these Terms of Use, or arising out of the subject matter of these Terms of Use, the prevailing party shall recover its reasonable attorney’s fees and costs, including any and all expenses reasonably incurred.
- Advertising
Gugu Guru is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.
- Indemnity
Each User must hold harmless, defend, indemnify and keep indemnified Gugu Guru, its subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives, and affiliates (collectively, the “Gugu Guru Indemnitees”) from and against all loss, cost, expense (including legal costs and expenses on a solicitor and own client basis) or liability whatsoever incurred by Gugu Guru arising from any claim, demand, suit, action or proceeding by any person against Gugu Guru where such loss or liability arose out: (i) a breach by a User of these Terms of Use including any representation or warranty made herein, (ii)the use or misuse of the Site or the Services; (iii) a dispute with another User: (iv) User’s violation of any law or the rights of a third party; or (v) User’s image, including any claims for intellectual property infringement or violation of personal rights. User agrees to cooperate as fully as reasonably required in the defense of any claim. Gugu Guru reserves the right to assume the exclusive defense and control of any matter subject to indemnification by User for which User will remain responsible for indemnifying and holding harmless the Gugu Guru Indemnitees.
- Complaints
If a User or any third party has a problem or difficulty with the Services or any of Gugu Guru’s policies or procedures from time to time, Gugu Guru may, but shall not be obliged to, deal with such a dispute.
- Force Majeure
Gugu Guru will not incur any liability in respect of the results of any delay or failure to perform its rights or obligations pursuant to these Terms of Use if such delay or failure is caused by acts of God, acts of government, strikes, lockouts or other industrial disturbances, blockades, wars, insurrections or riots, epidemics, landslides, fires, storms, floods, explosions or other similar causes beyond its control of a party.
- Links to Other Websites and Content
The Web Site contains (or you may be sent through the Web Site or the Services) links to other web sites (“Third Party Web Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (“Third Party Content”). Such Third Party Web Sites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Web Sites accessed through the Web Site or any Third Party Content posted on the Web Site, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Web Sites or the Third Party Content. Inclusion of or linking to any Third Party Web Site or any Third Party Content does not necessarily imply approval or endorsement thereof by us. If you decide to leave the Web Site and access the Third Party Web Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Web Site.
- Secure Data
Given the nature of the Internet, Gugu Guru cannot guarantee that any data transmission is totally secure. Whilst Gugu Guru takes precautions to protect information, Gugu Guru does not warrant and cannot ensure the security of any information the User transmits to Gugu Guru or this Site. The User therefore transmits to this Site at your own risk. However, once Gugu Guru receives data, Gugu Guru will take reasonable steps to preserve its security. If the User becomes aware of any problems with the security of the data or the Site, please contact Gugu Guru immediately.
- Viruses and Malware
Given the nature of the Internet, Gugu Guru cannot guarantee that this Site is free from viruses, “malware”, fault or other conditions which could damage, use or interfere with the Userʼs computer systems. The User must take its own precautions to ensure that it is not infected with any such code and assumes the risk of any damage or loss as a result of using this Site.
- General
- Gugu Guru may, from time to time, add or remove information, products or services from this Site without notice.
- If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms, which will continue in full force and effect.
- A provision of or a right created under these Terms of Use may be waived or varied by Gugu Guru at its discretion. Failure to exercise or enforce, or a delay in exercising or enforcing, or the partial exercise or enforcement of, a right, power or remedy provided by law or under this Agreement by Gugu Guru does not preclude, or operate as a waiver of, the exercise or enforcement, or further exercise or enforcement, of that or any other right, power or remedy provided by law or under this Agreement. No waiver of a breach of a term of this Agreement operates as a waiver of another breach of that term or of a breach of any other term of this Agreement.