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ACCEPTANCE OF TERMS THROUGH USE
By using mybabyname.com or by clicking “I agree” to this Agreement, you (“User”) signify your agreement to these terms and conditions. If you do not agree to this Agreement please do not use this site and do not click “I agree”. Please check this Agreement periodically for changes as we (“SWING INDUSTRIES, INC.”) reserve the right to revise this Agreement and your continued use of this site following the posting of any changes to the Agreement constitutes acceptance of such changes. SWING INDUSTRIES, INC. reserves the right to terminate a User’s account and use of this site at any time without notice and may do so for any breach of this Agreement. This Agreement applies to licensors and advertisers as well.
YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT
This Agreement must be completed, understood and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this site, he or she should email SWING INDUSTRIES, INC. with his or her explicit permission and acceptance of full legal responsibility for the minor to do so. If you are not yet 18, or are accessing this site from any country where material on this site is prohibited or illegal, please leave now as you do not have permission to access this site.
LICENSE TO USE THIS SITE
Upon your agreement to this Agreement, SWING INDUSTRIES, INC. hereby grants you a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this site. You agree not to make any false or fraudulent statements in your use of or to gain access to this site. You acknowledge and agree that all content and services available on this site are property of SWING INDUSTRIES, INC. and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by SWING INDUSTRIES, INC., its advertisers and licensors.
Except as may be explicitly permitted through this site, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from mybabyname.com. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from SWING INDUSTRIES, INC. is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
You agree that if you are issued a Username and Password by SWING INDUSTRIES, INC., you shall use your best efforts to prevent access to this site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying the SWING INDUSTRIES, INC. immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and Password not easily guessed by a third party. You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that SWING INDUSTRIES, INC. shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.
Accessing this site, and services, products or contents available on mybabyname.com, except as expressly allowed through instructions and truthful statements by the User in regard to use of this site, from places outside the U.S. or where their contents are illegal, is prohibited. Those who choose to access this site from other locations do so knowingly on their own initiative and voluntarily at their own risk and are responsible for compliance with local laws.
SWING INDUSTRIES, INC.’s, advertisers and licensors’ services or products referenced on this site are common law or registered trade marks or service marks of such parties.
UPLOADS and COMMENTS
You agree that You have the needed and required rights and permissions on all content uploaded to Your account. Photos used as avatars or profile pictures must be accompanied by permission in writing from current copyright or license holder(s). Upon notification and proof of copyright infringement, Your image or account and may be suspended or terminated. Accounts with content deemed hateful, vulgar or offensive by SWING INDUSTRIES, INC. may be made inactive or removed from our system.
Comments left publicly on mybabyname.com must not be offensive, vulgar, contain profanity, be hateful or with malice. These comments will be edited or removed and Your account may be made inactive or removed from our system.
DISCLAIMER OF WARRANTIES
SWING INDUSTRIES, INC. AND ITS ADVERTISERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, STABILITY OF WEB SERVER, UP TIME OF WEB SERVER(S) OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. FILE FORMATS, UPLOADED MUSIC, DIGITAL IMAGE RIGHTS AND OTHER CONTENT UPLOADED BY YOU FOR USE IN YOUR ACCOUNT ARE NOT WARRANTIED BY SWING INDUSTRIES, INC. AND YOU ARE RESPONSIBLE FOR ALL SUCH CONTENT AND PERMISSIONS. ALL INFORMATION AND USE OF THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SWING INDUSTRIES, INC. AND ADVERTISERS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE AND THE SERVICES RECEIVED THROUGH THIS SITE, INCLUDING ALL EXPESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SWING INDUSTRIES, INC. AND ADVERTISERS DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVE THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE AND YOUR ACCOUNT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS, INCOMPATIBILITIES OR ERRORS WILL BE CORRECTED. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. USER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SWING INDUSTRIES, INC. OR ADVERTISERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS SITE, YOUR ACCOUNT, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SWING INDUSTRIES, INC. OR ADVERTISERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SWING INDUSTRIES, INC. AND ADVERTISERS LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
You agree to defend, indemnify, and hold harmless SWING INDUSTRIES, INC., its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, all services, information or products from this site, or any violation of this Agreement. SWING INDUSTRIES, INC. reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with SWING INDUSTRIES, INC. in asserting any available defenses.
SWING INDUSTRIES, INC. may suspend or terminate this Agreement or User’s use immediately upon receipt of any notice which alleges that User has used this site or their mybabyname.com account for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, SWING INDUSTRIES, INC. may disclose the User’s identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and SWING INDUSTRIES, INC. shall not be liable for damages or results thereof and User agrees not to bring any action or claim against SWING INDUSTRIES, INC. for such disclosure.