TERMS OF USE

Thank you for visiting the www.skiphop.com web site , owned and operated by Skip Hop, Inc., (“Skip Hop” or “we”). These terms of use and the policies referred to herein contain the complete terms and conditions (the “Terms” or “Agreement”) that apply to your use of www.skiphop.com and all affiliated web sites and mobile sites owned and operated by Skip Hop (collectively, the “Skip Hop Site” or “Site”). In this Agreement, “Skip Hop” or “us/we/our” refers to Skip Hop and “user” or “you” refers to you. The Skip Hop Site and content related to the Skip Hop Site and owned by Skip Hop are collectively referred to as the “Skip Hop Materials.”

USE OF THE SKIP HOP SITE OR ANY OF THE SKIP HOP MATERIALS CONSTITUTES A KNOWING ACCEPTANCE AND ACKNOWLEDGEMENT OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THIS SITE.

We may modify the Terms from time to time without notice to you, and any changes will be effective when posted. You are encouraged to review the current version of the Terms of Use upon each use of the Skip Hop Materials. Continued use of the Skip Hop Site or Skip Hop Materials after changes to these Terms will be deemed acceptance.

AFTER READING THIS PAGE AND/OR THESE TERMS, IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THIS AGREEMENT OR ANY CHANGES TO THESE TERMS, PLEASE EXIT THIS SITE IMMEDIATELY. OTHERWISE, BY ACCESSING OR USING THIS SITE, YOU AGREE TO THESE TERMS AND PRIVACY POLICY.

1. About Our Site

Skip Hop is a global brand recognized by discerning parents for innovation, great design and the highest quality in the baby products business. The Skip Hop Site provides information about Skip Hop and its products, allows consumers to find retailers of Skip Hop products, and allows consumers to purchase Skip Hop products directly through Skip Hop.

2. Privacy Policy

Skip Hop is committed to safeguarding your privacy online. Please review our Privacy Policy, which is incorporated into and made a part of this Agreement.

3. Your Account

To use portions of the Skip Hop Site, you may be asked to create a Skip Hop online user account. All Users will be given separate login identifications. Our use of any personal information you provide during the account creation process is governed by the Skip Hop Privacy Policy. You are solely responsible for your account and for maintaining the confidentiality and security of your account, and you are solely responsible for all changes and updates submitted through your account as well as all other activities that occur under your account. You agree to notify Skip Hop immediately of any unauthorized use of your account by either sending notifications to info@skiphop.com or other methods as directed by Skip Hop from time to time. Skip Hop reserves the right to suspend access to or to close your account or any login in violation of these Terms or otherwise at Skip Hop’s sole discretion.

In creating an account and/or posting any content to the Skip Hop Site, you represent and warrant to Skip Hop that all information provided is true, accurate and correct. You may not impersonate someone else, create or use an account for anyone other than yourself, misrepresent your age or occupation, provide an email address, address or billing information other than your own, or create multiple accounts except as otherwise authorized by Skip Hop.

4. Age Limits and Users under 13

This Site is not intended to be used by individuals 13 and younger. If you are not at least 13 years old, please do not set up a Skip Hop online account.

5. General Restrictions On Use & Termination

You may only use the Skip Hop Site and Skip Hop Materials for your personal and non-commercial use. Except as expressly authorized by this Agreement, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of the Skip Hop Materials or the Skip Hop Site, and you may not create derivative works based on any portion of the Skip Hop Materials or Skip Hop Site without the express written consent of Skip Hop. Without limiting the generality of these Terms, you specifically agree not to use the Skip Hop Materials in connection with any of the following, each as determined in the sole discretion of Skip Hop:

  • Any illegal or unauthorized use;
  • Impersonation of any person or entity or falsely stating or misrepresenting your affiliation with another person or entity;
  • Defaming, abusing, “stalking”, harassing, or threatening any other person;
  • Harming minors in any way;
  • Posting, storing, or otherwise using the Skip Hop Materials in connection with any content that is obscene, illegal, or sexually explicit;
  • Infringing any patent, trademark, trade secret, service mark, copyright, privacy right, publicity right, or any other right of another person or entity;
  • Distributing unsolicited or unauthorized advertising, surveys, contests, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or other such messages for any purpose;
  • Restricting or inhibiting any other user from accessing or using the Skip Hop Site, including, but not limited to, by means of "hacking" or defacing any portion of the Skip Hop Site;
  • Distributing computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Interfering with, disrupting, or destroying the functionality or use of any features or portions of the Skip Hop Site;
  • Interfering with, disrupting, or destroying the servers or networks connected to the Skip Hop Materials, or disobeying any rules or regulations applicable to such Materials, servers or networks, or taking any action that imposes or may impose (in the sole discretion of Skip Hop) an unreasonable or disproportionately large load on Skip Hop’s servers or infrastructure;
  • “Hacking” or accessing without permission Skip Hop’s proprietary or confidential records or those of any other third party or the account of any third party without permission;
  • Using any robot, “bot” spider, scraper, web crawler, data mining process, technique, or means, or implementing any other automatic or manual processes to access, copy, compile, or decompile any portion of the Skip Hop Materials;
  • Violating any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information for your employer in breach of any employment, consulting, or non-disclosure agreement);
  • Decompiling, reverse engineering, disassembling or otherwise attempting to derive source code from Skip Hop or the Skip Hop Site;
  • Removing, circumventing, disabling, damaging or otherwise interfering with security-related features, or features that enforce limitations on use of the Skip Hop Site or Skip Hop Materials;
  • Removing any copyright, trademark, or other proprietary rights notices contained in or displayed on any portion of the Skip Hop Site
  • Modifying, copying, publishing, licensing, renting, leasing, lending, transferring or otherwise commercializing any rights to the content posted on the Skip Hop Site or any other Skip Hop Materials or any portions thereof; and/or
  • Violating any other term or condition governing your use of the Skip Hop Site or any applicable federal, state, or local law or regulation.
  • If you fail to comply with these Terms, Skip Hop may at any time in its sole discretion and without prior notice to you (i) move, edit, delete, or destroy any materials that you provide or deliver; (ii) access, preserve, or disclose in accordance with the Skip Hop Privacy Policy any materials that you provide or deliver including information that may be collected from you or from your web browser or mobile device; (iii) suspend or terminate your access to and use of the Skip Hop Site or Skip Hop Materials or any portion thereof; (iv) deny your access to and use of the Skip Hop Site or related Skip Hop Materials, in whole or in part, and/or revoke any or all of your other rights granted under this Agreement. or (v) take any other action available at law or equity. Any termination of this Agreement shall not affect the respective rights and obligations of the parties arising before the date of termination.

6. Email Policy

By registering with Skip Hop or purchasing a product from the Skip Hop Site, you may receive periodic emails from Skip Hop. These emails include, but are not limited to, notifications about your account or your use of the Skip Hop Site, purchases or orders for Skip Hop products, confirmations, newsletters, special offers, or other messages. We may also use your email address to respond to your customer service inquiries. If you would rather not receive email from Skip Hop, please send an email to info@skiphop.com and you will be unsubscribed from receiving further mailings. Please allow 7-10 business days for completion.

7. Intellectual Property Rights

The Skip Hop Materials and the products featured on the Skip Hop Site are protected by copyright, trademark, patent and/or other intellectual property laws. Unless otherwise agreed in writing by Skip Hop, all text, graphics, data or other content appearing on the Skip Hop Site, including but not limited to visual interfaces, data, graphics, design, compilation, computer code, software, reports and other usage-related data, your account, and all other elements and components of the Skip Hop Materials and Site are owned by Skip Hop (collectively “Skip Hop Content”). Skip Hop Content is provided to you by Skip Hop for the sole purpose of your personal and non-commercial use of the Skip Hop Site. You SHALL NOT copy, display, distribute, modify, translate, reformat, incorporate into any advertisement, create derivative works based on, publish, or sell any content on the Skip Hop Site or any information, software, or services provided by Skip Hop hereunder. Skip Hop Content may be modified from time to time by Skip Hop in its sole discretion. Your use of the Skip Hop Site does not grant you any right, title, interest or license to any such intellectual property appearing on the Skip Hop Site. Any unauthorized use of the content of the Skip Hop Site may subject you to civil or criminal penalties.

No license is granted to you for any other purpose other than for personal and non-commercial use, and any other use of the Skip Hop Content by You shall constitute a material breach of this Agreement. Nothing in this Agreement shall affect any rights of Skip Hop or its licensors in the Skip Hop Site and any associated IP Rights.

The word mark SKIP HOP and the associated design are trademarks of Skip Hop and may not be used without the prior, express, written permission of Skip Hop. The names of brands or products featured or described on the Skip Hop Site may be separately protected by trademarks owned and controlled by Skip Hop. No license, right or interest in any trademarks of Skip Hop is granted under this Agreement.

Unless otherwise expressly agreed to by the parties in writing, nothing herein shall grant any rights to you.

8. Your Representations About Your User Created Content

For any content you may upload, post, or otherwise submit to the Skip Hop Site, you grant to Skip Hop, its successors, assigns, and licensees, a perpetual, non-revocable, worldwide, transferrable, sublicensable, royalty-free, license to use, copy, display, transmit, perform, modify and create derivative works of your content, in all media now or hereafter known.

You represent and warrant that you are the sole, original creator of any and all content you may upload, post or submit to the Skip Hop Site, that you did not copy or take any portion of the content from any other source, and if you have taken content from another source, you have made only a fair use of third party materials reproduced in the content, have properly cited and credited such use, and have brought such use to Skip Hop’s attention.

You also represent and warrant that no other person or entity has any rights in any content you post that would limit or restrict either your ability to comply with this Agreement or Skip Hop’s rights in the content ability to fully use the content as contemplated herein.

If a minor appears in any content you submit to Skip Hop, you represent and warrant that you are the parent or legal guardian of the minor or, if you are not the parent or legal guardian of the minor, you represent and warrant that you have obtained an affidavit from the parent or legal guardian of the minor to use the minor’s name/image/likeness/photo in your content.

9. Notice Of And Procedure For Claims Of Copyright Infringement

Skip Hop respects the intellectual property and proprietary rights of others. In accordance with the Digital Millennium Copyright Act, Skip Hop has designated a Copyright Agent to receive notice of claims of alleged copyright infringement on the Skip Hop Site. If you believe that your copyrighted material has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Skip Hop Site, please send Skip Hop’s Designated Agent (identified below) a notice containing the following:

(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work(s) that is/are alleged to have been infringed;
(2) A description of the copyrighted work(s) that you claim is/are infringing and the location where the original or an authorized copy of the copyrighted work(s) exists/exist (for example, the URL of the website where the copyrighted work(s) is/are lawfully published; the name, edition and page(s) of a book, etc.);
(3) A description of where the material that you claim is/are infringing is/are located on this site, including the URL, so that we can locate the material;
(4) Your address, telephone number and email address;
(5) A statement that you have a good faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent, or applicable law; and
(6) A statement by you, under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
You acknowledge that if you fail to comply with all of the above-listed requirements of this Section, your DMCA notice may not be valid.

Copyright Agent:
Michael Fox
Skip Hop
50 W 23rd Street
Floor 10
New York, NY, 10010
michaelf@skiphop.com

NOTE: THE NOTICE REQUIRED BY THIS SECTION IS EXCLUSIVELY FOR NOTIFYING SKIP HOP THAT COPYRIGHTED WORK(S) MAY HAVE BEEN INFRINGED. DO NOT SEND ANY NOTICES OR INQUIRIES UNRELATED TO ALLEGED COPYRIGHT INFRINGEMENT TO THE DESINGATED AGENT. SUCH NOTICES OR INQUIRIES SHOULD INSTEAD BE SENT TO THE E-MAIL ADDRESS OR MAILING ADDRESS LISTED BELOW IN THE SECTION TITLED “CONTACT INFORMATION”.

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:

(1) Your physical or electronic signature;
(2) Description of the content that has been removed or to which access has been disabled and the location where the content appeared before it was removed or disabled;
(3) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(4) Your name, address, telephone number, and e-mail address and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If we receive a counter-notice, we may send a copy to the original complaining party informing the complainant that Skip Hop may replace or enable the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Skip Hop’s sole discretion.

10. Liability Limitations

YOU ARE USING THE SKIP HOP SITE “AS IS.” IN NO EVENT SHALL SKIP HOP BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH ANY USE OF THE SERVICES, THE SKIP HOP SITE, OR THE SKIP HOP CONTENT. ALL CLAIMS BROUGHT UNDER THIS AGREEMENT MUST BE BROUGHT WITHIN ONE YEAR FROM THE DATE WHEN THE CLAIM ACCRUED OR WILL BE WAIVED.

THIS LIMITATION OF LIABILITY AND THE DISCLAIMER OF WARRANTY SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11. Disclaimer Of Warranty

THE SKIP HOP SITE AND ALL CONTENT, INFORMATION, AND MATERIALS CONTAINED IN OR ACCESSED ON THE SKIP HOP SITE ARE PROVIDED TO USER ON AN “'AS IS” BASIS AND WITHOUT WARRANTY OR REPRESENTATIONS OF ANY KIND. SKIP HOP DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURATENESS OR COMPLETENESS, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING.

The Skip Hop Site is provided to you without charge as a convenience and for your information only. By merely providing access to the Skip Hop site, we do not warrant or represent that: the content is accurate or complete; the content is up-to-date or current; we have a duty to update any content; the content is free from technical inaccuracies or typographical errors; the content is free from changes caused by third party; and your access to the Skip Hop Site will be free from interruptions, errors, computer viruses or other harmful components.

12. Indemnity

You agree to indemnify, defend, and hold harmless Skip Hop, its subsidiaries and affiliates, agents, officers, directors, attorneys, or other employees, and permitted assigns, from any claim or demand, including reasonable attorneys’ fees, made by anyone due to or arising from your use of the Skip Hop Materials; your connection to or use of the Skip Hop Site; your violation of these Terms of Use, Privacy Policy; or your violation of any rights of another.

13. Links To Third Party Sites

The Skip Hop Site may contain links to websites operated by parties other than Skip Hop. Such links are provided for your reference only. Skip Hop does not control such Web sites and is not responsible for their content. Skip Hop’s inclusion of any third party links does not imply any endorsement of the material on such websites or any association with their operators. We encourage you to read the terms of use of any third-party websites you visit.

14. Severability

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under applicable law, then, the remainder of the Agreement shall be in full force and effect to the fullest extent possible.

15. No Assignment

You may not transfer or assign your rights and obligations under this Agreement (other than your right to receive payment resulting from winning any contest if applicable) without the prior, written consent of Skip Hop. However, Skip Hop may freely assign this Agreement without restriction.

16. Waiver

Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. No waiver shall be enforceable against Skip Hop unless such waiver is in writing signed by Skip Hop.

17. Governing Law

This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any conflicts of laws or other principles that provide for the application of the law of another jurisdiction. The prevailing party to any dispute shall be entitled to recover legal fees and other costs (including without limitation arbitration fees, disbursements, and collection costs). The Skip Hop Materials and Site are intended to be offered from Skip Hop’s location in the United States of America. Skip Hop makes no representations that the Skip Hop Materials or Site are appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so as is and are responsible for compliance with local law.

18. Entire Agreement

This Agreement, together with the Privacy Policy, and all other related Policies, form the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements pertaining hereto. This Agreement may only be amended by Skip Hop in writing and will be effective immediately upon posting the revised version to the Skip Hop Site. Your use of the Skip Hop Site and Skip Hop Materials shall be subject to the current version of this Agreement at your time of use of the Skip Hop Site and Skip Hop Materials, as provided herein.

19. Contact Us

Please send any notices, questions, comments, or concerns regarding the Site (other than notifications of claimed copyright infringement) to: info@skiphop.com

Terms of Use last updated: October 28, 2013