Terms & Conditions ...
General
Thank you for visiting Terra Bambino. We want your experience
as our guest
to be the best it can be so please review our Terms and
Conditions of Use.
By accessing our stores and shopping from our online catalog
you expressly
agree and consent to all the following terms and conditions.
Registration and Your Account
Upon registration you are responsible for your password and
account access
and you agree to accept all responsibility for actions that
occur under
your account and password. Impersonations of any kind, such
as false e-mail
addresses or misrepresentation of identity or authorship,
will also
constitute a breach of these Terms and Conditions of Use.
Minimum Age Requirement
All products sold through our stores and catalogs are for
purchase by
adults. While we sell children’s products, persons less than
18 years of
age may make purchases from our stores and catalogs only with
the
involvement of a parent or guardian.
Website Admission and License
A limited license granted by Terra Bambino allows for
restricted access to
our stores for personal use, which means, without express
written consent
from Terra Bambino, modifications and/or downloading (except
for page
caching) of content from our stores is forbidden. Not
included in this
restricted license is the collection and use of any product
descriptions,
prices, or listings; any derivative use of our stores,
catalogs or other
content; any commercial use or resale of our stores, catalogs
or other
content; any use of data mining, robots, or similar culling
and information
collection devices. No portion of our stores, catalogs or
other content may
be copied, duplicated, reproduced, visited, sold or resold,
or otherwise
exploited for any commercial purpose without express written
consent of
Terra Bambino. Restricted, nonexclusive, and rescindable
rights to create a
hyperlink to the homepage of any of our stores is permissible
so long as
the link does not portray Terra Bambino, our products or our
affiliates in
a derogatory, false, misleading or otherwise repugnant
matter. No part of
that link can use any logo or other proprietary graphic or
trademark of
Terra Bambino. Without express written consent, you may not
frame or use
framing techniques to enclose any content, trademark, logo,
or other
content of Terra Bambino and our affiliates. Any unauthorized
use of our
stores terminates the permission or license granted by Terra
Bambino.
Pricing
We reserve the right to change any price at which we offer
goods or
services and to correct any errors in the pricing contained
in our stores
or catalogs. We shall have no liability for any such changes
or errors and
are not bound to fulfill orders at old or erroneous prices.
Transfer of Risk and Title
When you order an item at terrabambino.com, the purchase is
pursuant to a
shipment contract. That means once we deliver your purchase
to the shipping
company, the risk of loss and title of your purchase passes
to you.
E-mails, E-cards, Content, Comments and other Communications
Terra Bambino encourages comments, suggestions, sending of
messages,
posting of stories and reviews and other communications from
and amongst
our guests and their friends. You guarantee and depict that
any review,
comment, suggestion, message and other communication you
submit is
accurate, solely owned or controlled by you, that it does not
violate these
Terms and Conditions of Use, that you will indemnify Terra
Bambino and its
affiliates from all claims resulting from the use by Terra
Bambino of
content or communications you’ve provided. Unless otherwise
noted, when you
submit any content to us you grant an irrevocable,
nonexclusive, perpetual,
royalty-free and fully sub licensable right to modify, adapt,
distribute,
display, translate, create derivative works from, use,
reproduce, and
publish such content throughout the world in any media. By
submitting such
content or communications to us, you also cede the right (see
our Privacy
Statement) to Terra Bambino and its affiliates and any sub
licensees to
identify you as the author of such content or communication.
However, if
any such communication is deemed illegal, defamatory,
obscene, injurious,
threatening, an infringement of intellectual property, or
otherwise harmful
to Terra Bambino, to our affiliates or any third parties,
Terra Bambino
reserves the right (but not the obligation) to not publish or
otherwise
communicate such content. Terra Bambino has the right, but
not the
obligation, to monitor any activity and to remove any content
from its
stores. Terra Bambino takes no responsibility and assumes no
liability for
any content posted by you or any third party.
Contents and Graphics
We are committed to correcting any graphical, textual, or
factual errors in
our content. Whether it is a misspelled word, broken link, or
a missing or
incorrectly matched photo, please notify us and we will do
our best quickly
to rectify any errors. Terra Bambino does not warrant that
our product
descriptions or other content are current, reliable, accurate
or complete.
If you feel a product received by you from Terra Bambino is
not as it is
described, your only course of action is to return the item
in unused
condition.
Other Websites
Businesses other than Terra Bambino may offer services and
products on or
through our stores. We may also provide links to other
websites which are
not owned or operated by Terra Bambino. When visiting these
other websites,
you should thoroughly review their policies. Terra Bambino is
not
responsible for the inspection or evaluation of these
websites and we do
not warrant the offerings of any of these enterprises or
individuals or the
content of their websites. Therefore, Terra Bambino does not
assume any
responsibility or liability for actions, product and content
relating to
these or any other enterprises or individuals.
Copyright
Content generated by Terra Bambino, such as text, web pages
and e-mail
communications, banner advertisements, graphics, photography,
logos, button
icons, images, video, audio clips and software, is the
property of Terra
Bambino or its content suppliers, and protected by U.S. and
international
copyright laws. The compilation (meaning the collection,
arrangement and
assembly) of all content in our stores and catalogs is the
exclusive
property of Terra Bambino and is protected by U.S. and
international
copyright laws. All software used to present and manage our
stores is the
property of Terra Bambino or its software suppliers and
protected by U.S.
and international copyright laws. You may use the content and
software
published on our stores as a shopping and information
resource only. Any
other use, including the reproduction, modification,
distribution,
transmission, republication, display or performance, of our
content or
software is strictly prohibited.
Trademarks
All trademarks, service marks, and trade names employed by
Terra Bambino
are proprietary to Terra Bambino or other respective owners
that have
granted Terra Bambino the right and license to use such
trademarks, service
marks, and trade names, and are protected by U.S. and
international
trademark laws. Without express written consent, Terra
Bambino's trademarks
and trade dress may not be used in connection with any
product or service
that is not Terra Bambino's, in any manner that is likely to
cause
confusion among our customers or guests, or in any manner
that disparages
or discredits Terra Bambino. The use of meta tags or any
other concealed
text or search words exploiting the name or trademarks of
Terra Bambino is
expressly forbidden. To the extent you have in any manner
violated or
threatened to violate Terra Bambino's intellectual property
rights, Terra
Bambino may seek injunctive or other appropriate relief in
any state or
federal court in the state of California, and you consent to
exclusive
jurisdiction and venue in such courts. Any other trademarks
that appear in
our stores or catalogs that aren’t owned by Terra Bambino or
its
subsidiaries are the property of their respective owners, who
may or may
not be associated with Terra Bambino or its subsidiaries.
Disclaimer
Our stores and catalogs are provided on an "as is" basis.
Terra Bambino
makes no representations or warranties of any kind, express
or implied, as
to the operation of our stores, the information, content,
materials or
products, included in our stores and catalogs. Price and
availability
information is subject to change without notice. All orders
are subject to
acceptance, verification and confirmation by Terra Bambino.
To the full
extent permissible by applicable law, Terra Bambino disclaims
all
warranties, express or implied, including but not limited to,
implied
warranties or merchantability and fitness for a particular
purpose. Terra
Bambino will not be liable for any damages of any kind
arising from the use
of our stores, including but not limited to direct, indirect,
incidental,
punitive and consequential damages. Terra Bambino does not
guarantee that
our stores, servers or e-mail sent from or through us or our
stores are
free from viruses or other injurious elements. Certain state
laws do not
allow limitations on implied warranties or the exclusion or
limitation of
certain damages. If these laws apply to you, some or all of
the above
disclaimers, exclusions or limitations may not apply to you,
and you might
have additional rights. We reserve the right to terminate
accounts, refuse
service, remove or edit content, or cancel orders at our sole
discretion.
Applicable Law
By visiting our stores you agree that the laws of the state
of California,
without regard to principles of conflict of laws, will govern
these Terms
and Conditions of Use and any dispute of any sort that might
arise between
you and Terra Bambino or its affiliates.
Severability
If any of these Terms and Conditions of Use shall be regarded
as invalid,
void, or for any reason unenforceable, that terms or
condition shall be
deemed severable and shall not affect the validity and
enforceability of
any remaining terms and conditions.
Modification and Termination
Terra Bambino may modify or terminate these Terms and
Conditions of Use at
any time and may do so immediately without notice or cause.
Information
collected under prior policies will be subject to the
modified policies.
Terra Bambino may also withdraw any rights it has granted to
you and deny
you access to our stores. In such event you must promptly
destroy all
materials downloaded or otherwise obtained from our stores,
as well as all
copies of such materials, whether made under the terms of
these Terms and
Conditions of Use or otherwise.
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