Bibadee Website Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Effective Date 06/01/2007
Your use of this Site is expressly conditioned on your acceptance of the following terms and conditions. By using this Site, you signify your assent to these terms and conditions, which constitute a binding legal agreement. If you do not agree with any part of the following terms and conditions, you must not use this Site. These terms and conditions also apply to the use of a user account that has already been set up.
1. OWNERSHIP
This web site ("Site") is operated by Bibadee, Inc., and each of its modules, is the copyrighted property of Bibadee. All software, documentation, and any content accessed through the software you use on Bibadee (collectively, "The Software") are protected by United States and international laws, including patent, trademark, copyright laws and treaties. None of the content or data found on this Site may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of Bibadee. In addition, the trademarks, logos and service marks displayed on this Site (collectively, the "Trademarks") are registered and are common law Trademarks of Bibadee, their respective affiliates, and various third parties. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Bibadee or such other party that may own the Trademarks.
2. USE OF SITE
This Site, software and the content provided in this Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Bibadee, except that you may download, display and print one copy of the materials presented on this Site on a single computer for your personal, non-commercial use only. Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, patents, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. You may not (and you agree not to permit another person to): a) redistribute, sell or otherwise copy The Software; the website or any of its content b) modify, translate or create derivative works based on The Software, the website and any of its content; c) attempt to decompile, reverse engineer, disassemble or otherwise reduce The Software, website and its content to a human-readable form, except to the extent applicable laws specifically prohibit such restriction; d) remove any identification, copyright or other proprietary notices; or e) create other software, website or content that incorporates the Software, website or content. Without limiting the foregoing, copying or reproduction of the software, website or its content to any other server or location for further reproduction or redistribution is expressly prohibited. You acknowledge that the Software, website or its content is not intended for use in connection with any high risk or strict liability activity and Bibadee makes no warranty and shall have no liability in connection with the use of the Software or site or content in any such situations or for that matter in any situation.
3. AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site. You understand that you are financially responsible for all uses of this Site by you and those using your user ID and user password or other such credentials used to access the site.
4. USER INFORMATION
You will provide information to Bibadee during the registration process and to Bibadee during the course of the use of the Site (the "User Information"). You represent and warrant: (1) that all User Information is accurate and complete at the time of registration, and (2) that User Information will be continuously updated such that the User Information shall at all times be current, accurate, and complete.
5. USER CONDUCT
You are solely responsible for all conduct and transmissions that take place through use of your user name and password. You represent, warrant and covenant that your use of the Site shall not: * violate any applicable local, state, national or international law, statute, ordinance, rule or regulation; * interfere with or disrupt computer networks connected to the Site; * impersonate any other person or entity, or make any misrepresentation as to your affiliation with any other person or entity; * forge headers or in any manner manipulate identifiers in order to disguise the origin of any User Information; * upload, post, transmit, publish, or distribute any material or information for which you do not have all necessary rights and licenses; * upload, post, transmit, publish, or distribute any material which infringes, violates, breaches or otherwise contravenes the rights of any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; * interfere with or disrupt the use of the Site by any other user, nor "stalk", threaten, or in any manner harass another user; * upload, post, transmit, publish, or distribute any material or information which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Site, or that of other computer systems; * use the Site in such a manner as to gain unauthorized entry or access to the computer systems of others; * upload, post, transmit, publish or distribute any material or information which constitutes or encourages conduct that would constitute a criminal offense, give rise to other liability, or otherwise violate applicable law; * upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable; or * reproduce, copy, modify, sell, store, distribute or otherwise exploit for any commercial purposes the Site, or any component thereof (including, but not limited to any materials or information accessible through the Site).
6. SYSTEM INTEGRITY
Bibadee makes reasonable commercial efforts to make the Site available, however, Bibadee is not responsible for any service interruptions. You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You shall not take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure. Bibadee will not be liable for any loss resulting from a cause over which it does not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, or governmental restrictions.
7. EXCLUSION OF WARRANTY
BIBADEE, TEACHERS, SCHOOLS, ORGANIZATIONS, AFFIILIATES AND ANYOE ELSE WHO REFERS YOU TO THE SITE, AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. BIBADEE, TEACHERS, SCHOOLS, ORGANIZATIONS, AFFIILIATES AND ANYOE ELSE WHO REFERS YOU TO THE SITE, AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE OR SOFTWARE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.
8. LIMITATION OF LIABILITY
BIBADEE, TEACHERS, SCHOOLS, ORGANIZATIONS, AFFIILIATES AND ANYOE ELSE WHO REFERS YOU TO THE SITE, AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DOES NOT ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL BIBADEE, TEACHERS, SCHOOLS, ORGANIZATIONS, AFFILIATES AND ANYOE ELSE WHO REFERS YOU TO THE SITE, AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY BIBADEE, TEACHERS, SCHOOLS, ORGANIZATIONS, AFFIILIATES AND ANYOE ELSE WHO REFERS YOU TO THE SITE, AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. If, notwithstanding the foregoing, Bibadee, teachers, schools, organizations, affiliates and anyone else who refers you to the site, and any third party providers and distributors should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this Site or its content, the liability of Bibadee, teachers, schools, organizations, affiliates and anyone else who refers you to the site, and any third party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) the subscription fee for accessing this Site, or (b) US$50.00. In its sole discretion, in addition to any other rights or remedies available to Bibadee and without any liability whatsoever, either Bibadee may at any time and without notice may terminate or restrict your access to any component of this Site. Some states do not allow limitation of liability, so the foregoing limitation may not apply to you.
9. INDEMNIFICATION
You hereby agree to indemnify, defend, and hold Bibadee, its officers, directors, owners, agents, advisors, counselors, information providers, licensors, licensees, teachers, schools, organizations, affiliates and anyone else who refers you to the site or is affiliated with, and any third party providers and distributors and their officers, directors, employees, advisors and agents, harmless from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
10. LINKS
This Site contains links to other web sites, which are provided solely as a convenience to you and not as an endorsement by Bibadee, teachers, schools, organizations, affiliates and anyone else who refers you to the site, and any third party providers and distributors of the contents of such other web sites. None of Bibadee, teachers, schools, organizations, affiliates and anyone else who refers you to the site, and any third party providers and distributors shall be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.
11. RELATIONSHIP
The relationship between Bibadee and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
12. GOVERNING LAW
This Agreement and its performance shall be governed by the laws of the state of Delaware , United States of America , without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in the state of Delaware , United States of America , in all questions and controversies arising out of your use of this Site and this Agreement.
13. ASSIGNMENT
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
14. REFERRAL PROGRAM
The referral program is intended for use by Bibadee customers, teachers, schools organizations, affiliates and anyone else who wishes to refer parents, caregivers, family, friends, clients, customers, students to the site. Bibadee does not support spamming and any complaints received due to misuse of this program may result in the forfeiture of any credits accrued by you. When you refer, Bibadee automatically sends an e-mail to your referral on your behalf. Your referral will need to sign up as a new customer on the Bibadee website and continue through the process to activate a new Bibadee account using the email you referred to us in order to activate the referral offer. This offer is not valid with any other offers. By referring individuals you agree to the following conditions: After the person you referred subscribes to the service as a paid subscriber and that the new subscriber has not already been a pre registered member, a referral credit will be applied towards your Bibadee account within 60 business days in accordance with the announced referral program at that time. This offer applies to new customers only and may not be used in conjunction with any other offer. To qualify, both you and the person you referred must be customers in good standing. The referral program or for that matter any program may end at our discretion. We reserve the right to cancel/modify the referral program or the fundraising program or any of our programs anytime with or without notice. Fundraising related referral codes are not eligible for referral credits. The referral award may be taxable as per applicable regulations. The referral program does not apply if the referred individual is already a member.
15. COMPETITIONS/NOMINATIONS/ SURVEYS
Competitions, surveys, teachers nomination awards and sweepstakes may possibly be announced on the site and may also list the date it begins, last day of entry and the date of prize announcements. There is no purchase necessary to enter these. Some competition may require you with the familiarity of Bibadee system in which case you are allowed to try the Bibadee System free for 30 days on Bibadee.com as a one time offer. All competitions are open to parents of 18 or younger. Parents must submit any entry on behalf of their kids. There are 2 ways to participate, on-line and by mail. (a) To participate in any competition, nomination, contest or quiz in an on-line fashion, go to Bibadee.com, login and follow directions at the website. If you are not a paid subscriber, you may submit it during your 30 day free trial period (b) To participate in by mail, mail it to the address on the Contact us page and write the heading of the contest that you are entering including all of your relevant details for us to be able to contact you (c) If you are unsure of any rules, please send us an email at the email address listed on the contact us page. Complete the Entry, nomination or fill out a survey as per directions. Please ensure that we have your contact information such as name, address, phone number and email address. All judging will be impartial and at times may be result of random drawing. Prizes are as advertised.
Prizes will be awarded, provided a sufficient number of eligible entries are received. We reserve the right to amend, cancel part or all of the contest, nominations or survey. Winners will be notified by phone, mail or e-mail. The contest or competition or nomination or surveys are open only to U.S. residents, who are 18 years of age. Employees of Bibadee, judges, web masters, web suppliers and persons engaged in any marketing material for any contest, their respective parent, affiliates, subsidiaries, officers, directors, advisors, advertising and promotion agencies, their immediate family members {parents, siblings, children, (natural, adopted, foster) and spouse}, wherever they reside and/or those living in the same household (whether or not related) of each are not eligible. This offer on prizes is void wherever prohibited and is subject to all federal, state and local laws. By participating, entrants agree to the Official Rules and the decisions of the Judges and Sponsor, which shall be final and binding in all respects. Entry materials become the sole property of the Bibadee and will not be acknowledged or returned. By submitting an entry or a nomination you represent and warrant that: (i) to the best of your knowledge, understanding and belief, the submission does not and shall not infringe on any patent, trademark or copyright or any other third party right nor violate any applicable law or regulation, (ii) you have the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary patent, trademark, copyright and other related rights to the submission, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity; (iii) the information contained in your entry is accurate, complete and correct and represents your own new, novel submission; (iv) you authorize Bibadee to use your name, likeness, hometown and your submission when contacting the local press or for use on our website or for use under Testimonial section.; Acceptance of prize constitutes permission for Bibadee to publish winner's name and/or likeness, if it so chooses, without additional compensation, unless and except where prohibited by law. All taxes on prize, if applicable, are the winner's responsibility to pay. Winner must sign an "Affidavit of Eligibility and Liability and Publicity Release" and return it within 10 days of notification or prize may be forfeited and an alternate winner selected.
By entering the competitions or Sweepstakes, entrants agree to all terms and conditions of these Official Rules, and by any other decision. By entering, entrants agree to hold harmless Bibadee and all parties associated with the survey or nomination or contest or competition or Sweepstakes from any and all liability arising from, or in connection with acceptance of the prize offered. Any attempt by an entrant or any other individual to deliberately damage or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, Bibadee reserves the right to prosecute and seek damages from any such individual to the fullest extent permitted by law. Except where prohibited by law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Bibadee in connection with the Promotion, shall be governed by the laws of the state of Delaware, without giving effect to any choice of law or conflict of law rules that would cause the application of the laws of any other jurisdiction. This promotion is void where prohibited. Bibadee and its agents and affiliates are not responsible for any technical or human error that may occur in receiving or processing entries for the Promotion. Bibadee is not responsible for lost, late, damaged, postage-due, or illegible mailed entries. If, for any reason beyond the reasonable control of the Bibadee, the online portion of any Promotion cannot be implemented as planned, Bibadee reserves the right to terminate, modify or suspend the Promotion, and select a winner from all eligible forms of entry received up to the time of termination. It reserves the right to cancel any of the promotions, programs, nominations, competitions, survey, contests, sweepstakes altogether. Use of computer programs and/or other automated devices to enter Promotion is prohibited. Normal Internet access and usage charges imposed by your online service will apply.
All personal information will be treated as confidential, and not sold or given to third parties. You hereby hold Bibadee harmless from and against any third party claim arising from use, manufacture or sale of the submission. You waive any right to inspect or approve uses of the submission or to be compensated for any such uses. You further understand and agree that both Bibadee and its agents are involved in the business of researching and developing many ideas for new products. You agree that participating in any Contest will not in any way limit Bibadee’s or its agents’ right to use any such similar submission, as Bibadee or its agents deem appropriate and you will not have any claim against Bibadee and/or any of its agents with regard to any such use. All participants understand and agree, that Bibadee, may (but will be under no obligation to do so) contact any participant with a view towards exploring the evaluation of the submission. You hereby represent and warrant that you have read these rules and understand and are fully familiar with them and that, if necessary, you sought independent legal advice. Please send an email at the address listed on the Contact us page for any questions you may have regarding deadline, prizes, judges, outcomes or any other related matter.
16. FEES FOR SERVICES
Bibadee charges fees for services offered throughout the site. All recurring fees are clearly identified as part of the registration process. Any attempt to collect fees that result in a returned transaction from a financial institution or other applicable party for reason or fault which is the responsibility of the user, Bibadee will attempt to collect the fees additional times, and will assess additional penalties with further charges. The rate for the penalties and the velocity of the recuperation attempts are completely at the discretion of Bibadee and are only limited by applicable law.
17. CHANGES TO SITE AND TERMS AND CONDITIONS
You acknowledge and agree that Bibadee may change, modify, amend, suspend or discontinue any aspect of the Site or of its program, at any time, without notice and without liability to you or to any third party. Further, Bibadee reserves the right to impose limits on certain features of the Site, at any time, without notice and without liability to you or to any third party. Further, you acknowledge and agree that Bibadee may amend any or all of the Terms and Conditions (including fees and transaction rules) at any time, at Bibadee's sole discretion, without notice. Any amendment of the Terms and Conditions will be reflected on the Site. You are encouraged to periodically review the Terms and Conditions posted on the Site. Use of the Services and the Site constitutes acceptance of the Terms and Conditions, including any amendments thereto. The Terms and Conditions were last revised as posted towards the beginning of the notice as above.
18. SUBMISSIONS
By uploading or otherwise submitting any materials to us and/or the Site, you automatically grant (or warrant that the owner of such rights has expressly granted) to Bibadee, a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology (now known or hereafter developed or devised) throughout the universe. In addition, you warrant that all so-called "moral rights" and other rights recognized throughout the world (including without limitation, the European Economic Community) in those materials have been waived.
19. ‘ASK A QUESTION’, ‘SOCIAL METER’ ETC.
The information (including, without limitation, advice and recommendations) and services on the web site are intended solely as a general educational aid and are neither medical nor healthcare advice for any individual problem nor a substitute for medical or other professional advice and services from a qualified healthcare provider familiar with your unique facts. Always seek the advice of your physician or other qualified healthcare provider or a counselor or a consultant regarding any medical or psychological condition and before starting any new treatment or acting on an advice or a suggestion. Don't wait for a response before consulting a physician or other appropriate professional. Nothing contained in the web site is intended to be used for medical diagnosis or treatment. The information and services are provided with the understanding that neither Bibadee nor its suppliers, advisors, counselors, consultants or users are engaged in rendering legal, medical, counseling, or other professional services or advice. Your use of the site is subject to the additional disclaimers and caveats that may appear throughout the web site. Bibadee and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services, or other material on the web site. The social meter has neither been scientifically tested nor has been peer reviewed and therefore no formal judgment should be made on the results. Please contact expert professionals such as doctors, therapists, psychologists, counselor on any professional advice that you may need. While Bibadee strives to keep the information on the web site accurate, complete, and up-to-date, Bibadee and its suppliers, advisors, counselors, consultants cannot guarantee, and will not be responsible for, any damage or loss related to the accuracy, completeness, or timeliness of the information.
20. ADDITIONAL TERMS
Additional terms and conditions apply to purchases of goods and services and other uses of portions of this Site, and you agree to abide by such other terms and conditions.
21. SEVERABILITY
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
22. HEADINGS
The headings used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect these Terms and Conditions.
23. ENTIRE AGREEMENT
These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site. The Privacy Policy Statement posted on our site relates solely to the online information collection and use practices of our Web site located at www.Bibadee.com (this "Web Site"), and not to any subdomains of this Web Site. We recognize that many visitors and users of this Web Site are concerned about the information they provide to us, and how we treat that information. The Privacy Statement, which may be updated from time to time, has been developed to address those concerns.
