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Terms of Service

Terms of Use

Last updated July 2020

The following Terms of Use (the “Terms” or the “Agreement”) constitute a legally-binding agreement made between you, whether personally or on behalf of an entity (“you”), and Meyer Ventures, LLC (“we,” “us” or “our”), concerning your access to and use of our products, our website www.hammiebaby.com, and all of our content, products, applications, media forms and/or channels (collectively, the “Content”). You agree that by accessing our Content in any way, you have read, understood, and agree to be bound by all of these Terms.

IF YOU DO NOT AGREE WITH ALL OF THE TERMS HEREIN, THEN YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING OUR CONTENT AND YOU MUST DISCONTINUE USE IMMEDIATELY.

By accessing our Content, you also agree to be bound by our Privacy Policy and any supplemental terms and conditions or documents that may be posted on or through the Content from time to time. The Privacy Policy and any supplemental policies are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms at the top of this section. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued access to the Content after the date such revised Terms are posted.

Our website sells baby and children décor products and provide content for parents and families.  All of this content is our legal intellectual property, and you are using under a license, which license is revocable subject to these Terms.

  1. Indemnity by You

You agree to defend, protect, indemnify and hold Meyer Ventures, LLC, its subsidiaries, affiliates, officers, agents, predecessors and successors in interest, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:

  • your use of the Content;
  • a breach of these Terms.
  1. General Rules
  • You are permitted to download the Content under one of two licenses which are either (i) personal to you; (ii) limited to you and team members of a business which you own, operate or control. Both licenses are non-exclusive and non-transferable.
  • You may print pages or portions of the Content for personal use or use by your business only.
  • You may reproduce and store portions of the Content for your personal use or use by your business only.
  • You may create and save bookmarks, highlights and notes as provided in the functionality of the programs used to access the Content.
  • You agree to protect the Content from unauthorized use, reproduction or distribution.
  1. General Limitations
  • Content which is purchased cannot be returned, refunded, or exchanged.
  • Full-scale reproduction of the Content is expressly prohibited.
  • You may not make the Content available on a file-sharing platform or “cloud” providing access to third parties.
  • You may not make or distribute unauthorized copies of the Content, or copy, modify or transfer the Content, in whole or in part, unless you receive our express permission.
  • You agree and understand that the entirety of the Content is protected by copyright. In that connection, you may not remove, delete, transmit or create derivative works from the Content.
  • You agree not to translate, decomplile, or disassemble the Content.
  • Harm, as determined in our sole discretion, to Meyer Ventures, LLC, the Content, other users or third parties or their use and/or experience with the Content, including but not limited to the uploading of malicious software, viruses, spyware, malware, cookies, bugs, keyloggers, or any other similar materials is expressly prohibited.
  • Use the Content in connection with any legal matters that are frivolous, immaterial, illegal, lack merit, involve the laws of foreign legal jurisdictions, or have been pursued for an excessive or unreasonable amount of time as determined by us is prohibited.
  • Use the Content in connection with perpetrating, aiding or abetting a crime or fraudulent activity is prohibited.
  • Using the Content or any related services in a manner that violates any applicable law, regulation or this Agreement is prohibited.
  1. Intellectual Property Rights

Except as expressly set forth in these Terms, nothing contained herein shall be construed as conferring any license or right, by implication or otherwise, under any of our copyrights or other intellectual property rights. You agree that the Content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

  1. Limitation of Liability

In no event will we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Content, or use thereof. Nothing contained in the Content or in any written or oral communications from Meyer Ventures, LLC or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.

The Content is offered “as is” and without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

We make no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Content or the related services therein or that the functionality of the Content will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Content is at your sole risk.

UNDER NO CIRCUMSTANCES SHALL MEYER VENTURES, LLC, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE CONTENT, EVEN IF MEYER VENTURES, LLC HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.


TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL MEYER VENTURES, LLC HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, THE CONTENT OR RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF MEYER VENTUTRES, LLC HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.

 

In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Meyer Ventures, LLC and sole remedy available to any user in any case in any way arising out of or relating to the Terms, the Content, or related services shall be limited to monetary damages that in the aggregate may not exceed the greater of $250.00.

  1. Term and Termination

These Terms shall remain in full force and effect while you use the Content. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Content, to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms or any applicable law of regulation.

  1. Severability Waiver

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. In addition, our failure to enforce any term shall not be deemed as a waiver of such term or otherwise affect our ability to enforce such term at any point in the future.

  1. Governing Law

These Terms and the legal obligations of the parties hereunder are subject to the laws of the State of California, regardless of your location. You hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in California, United States of America, in all disputes arising out of or relating to the Content and this Agreement.

  1. Attorney Fees

In the event that Meyer Ventures, LLC is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for Meyer Ventures, LLC’s attorneys’ fees and costs.

  1. Miscellaneous

These Terms and any policies in respect to the Content constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Content. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

  1. Please read our privacy policy.

Please read our Privacy Policy, which is incorporated fully into these Terms.

  1. Contact

For questions or concerns, we can be contacted via e-mail at support@hammiebaby.com, or by mail:

Meyer Ventures LLC

530 Divisadero St #167

San Francisco, CA 94117