Use of the Service
The Terms of this Agreement between you and BabyJoy Box grants you a limited, non-exclusive, non-transferable, and revocable license to both use and access the Site for only your own personal and for non-commercial use. Unless BabyJoy Box has explicitly permitted you in advance and in writing – other than what is permitted in the paragraph above – you may not disassemble, reproduce, reverse-engineer, distribute, modify, display, translate, sell, create derivative works from, lease, transmit, decompile or otherwise exploit this Site or any portion of it. You agree and understand that that none of the information provided on the Site can be used for either commercial use or any other business unless permitted by BabyJoy Box in advance and in writing. You agree and understand that BabyJoy Box reserves the right to terminate accounts, refuse service, and/or cancel any orders at its discretion, including and without any limitations, if BabyJoy Box believes that any of the client conduct can be or is in violation to any applicable law, or may be harmful to the interests of BabyJoy Box. Additionally, you acknowledge and agree that any and all discount code usage for any of our products and/or subscription is for new customers only – meaning, one code per customer/client and/or household – unless otherwise noted by BabyJoy Box. You understand and acknowledge that BabyJoy Box has the right to either permanently or temporarily discontinue and/or modify the Service (or any part of it) with or without any prior notice. You further acknowledge and agree that BabyJoy Box will not be held liable to either you or any other third party for any discontinuation and/or any modification of the Service.
Service Description and Box Content
The Service will allow our users to send boxes in the form of a gift or receive boxes (“the Boxes”) with full-sized products, offers, sample products, coupons, articles and other information. User can elect to participate in the BabyJoy Box community by receiving newsletters that contain either information or offers, or by reviewing products and Boxes. However, you understand and acknowledge that we make no guarantees that you will either receive a particular product in a Box and/or that certain products with be made available in your Box. Moreover, given that sample products come in limited quantities they may not be available in the future. Please note that it is your responsibility to review all of the ingredients of each product in order to avoid potential allergic reaction or any other side effect. It is important to note that none of the products within the Boxes are manufactured by BabyJoy Box, but are rather by BabyJoy Box suppliers. For any additional information on either returns or refunds of any full-size products that you may have bought through BabyJoy Box’s website, please see our Frequently Asked Questions. If you have any further questions, concerns or complaints about a product, please do not hesitate to contact us at email@example.com
Registration and Membership
You understand and acknowledge that the receipt of an email order confirmation or order number does not constitute a confirmation of an order to sell or the acceptance of an order. BabyJoy Box reserves the right to refuse service to any customer and/or to limit the order quantity on any item – with or without prior notification. Additionally, prior to the acceptance of any order it may be required to verify information. You acknowledge and understand that both the availability and the price of products onthe Site are subject to change without notice. Additionally, it may be possible that certain information may contain, as it pertains to pricing – typographical – or other inaccuracies or errors. You acknowledge and understand that when discovered errors will be corrected without any liability to BabyJoy Box, and that BabyJoy Box reserves the right to revoke any stated offer and to correct any inaccuracies, errors, or omissions – which can include any time after an order has been submitted.
You understand and acknowledge that you bear sole responsibility for all information, reviews, data, blog comments or posts, sound, text, music, software, graphics, photographs, video messages or other materials (“content”) that you upload, email, post, publish or display (hereinafter, “post”) or otherwise transmit or use via the Service. BabyJoy Box reserves the right to take any appropriate legal action against anyone individual(s) – who according to BabyJoy Box’s discretion – violates this provision, which may include without any limitation, the removal of the content that is offensive from the Service, terminating or suspending the account of such violators and also reporting you to the appropriate law enforcement authorities. You shall not distribute, upload, or otherwise publish through this Site any information, Content, or other material that; (a) is pornographic, libelous, indecent, threatening, obscene, defamatory, or could give rise to any criminal or civil liability under the U.S. or international law; or (b) includes any Trojan horses, bugs, trap doors, viruses, worms or other harmful code or properties; or (c) infringes or violates copyrights, trade secrets, patents, service marks, trademarks, or the proprietary rights of any person(s). Please note that the content provided on this site is solely for informational purposes. As such, any and all submissions or opinions that may be expressed on the Site are only that of the individual(s) expressing such opinions or submissions and may not reflect the opinions of BabyJoy Box. Additionally, any and all product representations expressed on this Site are not made by BabyJoy Box.
BabyJoy Box respects the trademark and intellectual property of others, and we also ask that our users do the same. If at any time you believe that any content or material on this Site is infringing your copyright or any other intellectual property rights, please notify us of your copyright infringement claim with the below listed procedure.
Email us at firstname.lastname@example.org To be effective, please make sure to include in your email the following information (DMCA, 17 U.S.C. §512(c)(3)): (a) The electronic or physical signature of the authorized party able to act on behalf of the owner claiming the alleged infringement; (b) a clear description of the copyright work or any other intellectual property that you claim has been infringed; (c) a clear description of where on the Site or Service, the material that you claim is being infringed; (d) your contact information, which includes your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use of the material under copyright protection or intellectual property is unauthorized by the owner, its agent, or the law; (f) a statement by you, with the understanding under that it is made under the penalty of perjury, confirming that the information you have submitted in your notice is factual and accurate and it is done with the consent an authority to act on behalf of the copyright or intellectual property owner.
You acknowledge that BabyJoy Boxy does not claim any ownership of any materials you decide to make available through the Site. You further acknowledge that you are the sole responsible party for the content and any other materials you post on the Site or transmit to or share with any other user(s) or recipient(s). You agree and acknowledge that you will not post any content that you do not own all the rights to, title and interest in, or that you did not create. In regards to any materials you submit or make available for inclusion on the Site, you grant BabyJoy Box a perpetual, non-terminable, irrevocable, worldwide, royalty-free and non-exclusive license, to use, sublicense, copy, create derivative works, store, modify, distribute, and publicly display such materials or any part of such materials. You further agree and acknowledge that any materials you provide are non-confidential and BabyJoy Box will be allowed and entitled to use any of the content you may have submitted without having to incur any obligations related to compensation, attribution, or confidentiality. You further agree and acknowledge that BabyJoy Box has the right to preserve content and may also disclose any content if so required by law, or in good faith belief that such disclosure or preservation is reasonably necessary to: (a) protect the property, rights, or personal safety of BabyJoy Boxy, its users and the public; (b) comply with applicable laws or government requests; (c) respond to claims that any content violates the rights of third parties; (d) enforce these Terms of Service.
Links to Other Websites
BabyJoy Boxy makes no claim or representation, and accepts no responsibility, regarding the nature, reliability, and/or quality of the sites that may be accessible by hyperlinks from this Site, or websites linking to this Site.
Warranties and Disclaimers
BabyJoy Box does intend for the information and/or any data that is contained within the Site or is provided via any other channels, which does include but is not limited to email and phone, to be both reliable and accurate, however, since the data and information have been compiled from a variety of sources, it is provided “AS IS.” You expressly agree and understand that your use of the site is solely at your own risk. BabyJoy Box disclaims expressly all warranties and/or conditions, expressed or implied, as to any and all matter(s) that may be relating to or referenced by this Site, with is including, but limited to, stated or implied warranties and/or conditions of merchantability or satisfactory quality and fitness for a particular purpose and non-infringement. You further acknowledge and understand that BabyJoy Box is not the manufacturer of the product that is purchased by you, and as result, any and all warranties offered are done so by the manufacturer and not BabyJoy Box or any of its Affiliates. You understand and acknowledge that by using the Product, you are solely relying on the manufacturer’s specifications and as a result you are not relying on any specifications, statements, photographs or any other illustrations representing the Products that may be provided by either BabyJoy Box or its Affiliates. You both willingly and expressly waive any and all claim that you may have against BabyJoy Box or its Affiliates that may be based on product liability or infringement or alleged infringement of copyright, trade secret, patent or other intellectual property rights (each a “Claim”) with respect to any Product and also waive any right to indemnification from BabyJoy Box or its Affiliates against any such Claim made against you by a third party. You also agree and acknowledge that no employee of BabyJoy Box or its Affiliates is authorized to make any representation or warranty on behalf of BabyJoy Box or its Affiliates that is not in this Agreement.
Limitation of Liability
Risk of loss
Any risk of loss and/or title for merchandise that is purchased by you is passed to you upon BabyJoy Box’s delivery of the items to the carrier.
We value your business and if you every chose to pause your subscription rather than canceling please inform us at email@example.com. However, should you chose to cancel your subscription entirely please note that it must be done before the 1st of the month to avoid getting billed and getting shipped the next box. Please note that any subscription on a longer billing cycle than the monthly, such as 3, 6, or 12 month plans, can only be cancelled after the initial prepaid term has been completed. In other words, we cannot cancel multi-month subscriptions mid-term.
You acknowledge and understand that BabyJoy Box does not accept any returns of the monthly boxes.
You agree and acknowledge that additional terms and conditions may apply to sweepstakes, contests, specific products, orders, or the use of certain portions of the site, which may include shipping, ordering, and the return policies and membership reward programs (“Additional Terms”), in which the Additional Terms are made part of these Terms by reference. If there were to ever arise any conflict between these Terms and the Additional Terms, then the Additional Terms shall control.
These Terms and Conditions, any sale of products, any statements of work, and the services hereunder shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflict of law. Any litigation or enforcement of litigation or arbitration will be held exclusively in Los Angeles, California and Member consents to the jurisdiction of the State and Federal courts located herein, submits to the jurisdiction thereof and as a result also waives the right to change the venue. Moreover, Customer does further consent to the exercise of personal jurisdiction by any such court and with respect to any such proceeding. With the exception of non-payment, both parties agree that neither party may institute any action that may arise in any form out of these Terms more than one (1) year after the cause of action has arisen.
We value your feedback and input. Please feel free to contact us with any inquires, suggestions, comments, or feedback at firstname.lastname@example.org