Terms and conditions

A CHILD GROWS® MARKETPLACE TERMS OF SERVICE AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE AND TO THE PRODUCTS. BY ACCESSING THE MARKETPLACE OR USING THIS WEB SITE OR THE PRODUCTS, YOU INDICATE YOUR ACCEPTANCE OF THESE MARKETPLACE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE MARKETPLACE TERMS AND CONDITIONS OF USE, THEN DO NOT USE THIS WEB SITE OR THE PRODUCTS.

A Child Grows Marketplace Terms of Service and Conditions of Use

These A Child Grows Marketplace Terms of Service and Conditions of Use of A Child Grows in Brooklyn LLC (“A Child Grows”), together with the A Child Grows Web Site and the A Child Grows Privacy Statement (collectively, the “Terms”), govern your use of A Child Grows’ Marketplace (the “Marketplace”). These Terms and Conditions describe the permitted and prohibited uses of the Marketplace, among other things. Your access or use of the Marketplace in any way evidences your acceptance of the then current version of these Terms, and any related rules and guidelines. A Child Grows reserves the right to modify these Terms at any time and without notice, effective upon posting of the modified Terms on the Marketplace or A Child Grows’ other web sites. Your access to or use of the Marketplace after such posting or notification constitutes your acceptance of such modifications. Your violation of these Terms may result in the suspension or termination of your access or use of the Marketplace.

A Child Grows does not endorse, support or otherwise approve of the products and services promoted at or made available through the Marketplace. Messages, promotional materials, feedback, reviews and other content, including images and videos, posted to the Marketplace by Marketplace merchants and providers or by Marketplace users are solely the opinion and/or responsibility of the person posting the message and other content.

Conduct

The Marketplace is intended to provide A Child Grows customers with the opportunity to become aware of and review products and services that such customers may find helpful. A Child Grows does not edit any third party postings or pre-screen or review every posting or every product and service. You agree that A Child Grows does not endorse any products or services, and A Child Grows is not responsible for i) the content of any postings in the Marketplace, including, without limitation, any feedback or reviews regarding products and services, ii) any third party products and services marketed or made available through the A Child Grows Marketplace, and iii) any purchase or other transaction resulting from or associated with your use of the A Child Grows Marketplace. Unless otherwise required by applicable law, A Child Grows has no duty to correct any false, misleading or erroneous statements or content of any third party on any part of the A Child Grows Marketplace.

You agree not to, and will not assist or enable others to use the Service to:

  1. Write a fake or defamatory review, trade reviews with other businesses, or write a review that you were paid for either directly or indirectly by the business being reviewed;
  2. Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  3. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
  4. Promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes, except in connection with a Business Account and as expressly permitted by A Child Grows;
  5. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service’s search results or any third party website;
  6. Solicit personal information from minors, or submit or transmit pornography; or
  7. Violate any applicable law.

You also agree not to, and will not assist or enable others to:

  1. Violate the Terms of Service;
  2. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Site Content (other than Your Content), except as expressly authorized by A Child Grows;
  3. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Service or any Site Content;
  4. Reverse engineer any portion of the Service;
  5. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
  6. Record, process, or mine information about other users;
  7. Access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database of business reviews;
  8. Reformat or frame any portion of the Service;
  9. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on A Child Grows’s technology infrastructure or otherwise make excessive traffic demands of the Service;
  10. Attempt to gain unauthorized access to the Service, user accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
  11. Use the Service or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);
  12. Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
  13. Use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Site Content; or
  14. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Service.

The restrictions above only apply to the extent permissible under applicable law.

Ownership

As between you and A Child Grows, you own Your Content. We own the A Child Grows Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the A Child Grows Content and the Service, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the A Child Grows Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the A Child Grows Content are retained by us.

A Child Grows has the right (but not the obligation) to monitor and edit or remove any activity or content but does not regularly review posted content. A Child Grows takes no responsibility and assumes no liability for any content posted by you or any third party

Use Your Common Sense

Vendors in the Marketplace can be a range of individuals, businesses and non-profits, including, without limitation, small businesses, subject matter experts and novices. As a result, some offerings could reflect considerable technical experience and insight, while others might not. You are responsible for exercising your judgment in evaluating and acting on various offerings

Participants may post hypertext links to content hosted and maintained by third parties. A Child Grows does not moderate or control these linked sites, and is not responsible for them. Your access to any linked sites is at your own risk, so you should use good judgment before you click on any link or access any linked site.

Advertisement, in the body of postings, is permissible as long as it is an appropriate product or service for the A Child Grows community. A Child Grows is not responsible for any product or service advertised on the Marketplace nor does A Child Grows endorse the use of any such product or service.

Feedback, Reviews, Comments and Other Content

Users of the Marketplace may post feedback, reviews, comments, photos, and other content and submit suggestions, ideas, comments, questions, or other information to the Marketplace. If you do post content or submit material, and unless A Child Grows indicates otherwise, you grant A Child Grows a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant A Child Grows and sublicensees the right to use the name that you submit in connection with such content, if they choose. We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against A Child Grows and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; and that use of the content you supply does not violate these Terms. You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by A Child Grows.

You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

We are under no obligation to enforce the Terms of Service on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms of Service, we reserve the right to investigate and take appropriate action at our sole discretion.

Advertising

A Child Grows and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

A Child Grows Account

A Child Grows account is not required in order to access the Marketplace solely for the purpose of reviewing offerings in the Marketplace. However, participants without an existing A Child Grows account may have limited or no access to certain features and functionality of the Marketplace. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

There are two types of accounts:

  1. A “Personal Account” is an account for your personal, non-commercial use only. In creating a Personal Account, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Service. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple Personal Accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with A Child Grows. Please read our Privacy Policy for more information.
  1. A “Business Account” is an account to be used solely for the purpose of representing your business in connection with the Service. In creating or updating a Business Account, you must be an authorized representative of the business in question, and you must provide complete and accurate information about yourself and the business you represent, including an unobstructed photo of yourself to be displayed in connection with your Business Account. You may not provide an email address that is not your own. If you are no longer an authorized representative of the business in question, you must close your Business Account immediately.

By creating an account, you agree to receive certain communications in connection with the Service.  You will also receive our daily e-mail newsletter and/or our Weekly Deal. You can opt-out of non-essential communications on the emails themselves.

Payment Terms For Your Business Account

A valid credit card is required for paying accounts. Free accounts are not required to provide a credit cardnumber. All service is billed in advance and is nonrefundable.  There will not be any refunds or credits for partial months of service. All fees are exclusive of all taxes, levies or duties imposed by taxing authoritites and you shall be responsible for all such taxes, levies or duties excluding only United States (federal or state) taxes.

Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at anytime by posting the changes to the A Child Grows Marketplace. A Child Grows shall no be liable to you or to any third party for any modification, price change, suspension or discontinuation of the Service.

Cancellation and Termination of Your Business Account

You alone are solely responsible for properly canceling your account. All of your content will be immediately deleted from the Service upon cancellation.  This information can’t be recovered once your account has been cancelled. If you cancel the service before the end of the month, your cancellation will take effect immediately and you will not be charged again.

Privacy

Any information that you post in the Marketplace is posted at your own risk, and can be obtained and used by others. Do not reveal information that you do not want to make public, such as by posting your contact information or email address in the Marketplace. At A Child Grows, we respect and protect the privacy of our customers and those who use our Web sites. A Child Grows’s Privacy Statement provides details of our approach to privacy and how we collect, use and protect your personal information. We use a variety of technologies on our Web site. Our Web site tracks usage data, including, for example, your IP address; your browser type and version; which pages you view; which page, if any, linked you to our site; and which link, if any, you follow off of our site. We use this data in the aggregate to better understand Web site activity to improve our offerings. We do not track URLs that you type into your browser, nor do we track you across the Internet once you leave our sites. For more information, please see our Privacy Statement.

Marketplace Moderators

A Child Grows reserves the right to manage the Marketplace in order to facilitate the orderly distribution of information through, and management of, the Marketplace. For that purpose, A Child Grows may at its election designate representatives to act as moderators for the Marketplace (“Moderators”). The Moderators cannot and do not review or respond to every post or email. Certain A Child Grows employees may also comment on the Marketplace and will be identified as A Child Grows employees with A Child Grows icon. The Moderators and the identified A Child Grows employee posters (designated with the A Child Grows icon) are the only authorized representatives of A Child Grows on the Marketplace. Any A Child Grows employees who are not designated as Moderators or identified as A Child Grows Employee posters are not authorized to represent themselves on the Marketplace as A Child Grows employee; therefore they are not providing official A Child Grows responses. A Child Grows is not responsible for content provided by any A Child Grows employee who is not designated as a Moderator or identified as A Child Grows Employee poster.

Marketplace Watch

You may assist us in making the Marketplace an effective community for participants. If you detect violations of these Terms, click on the “Flag this Review” link from within the listing. A Child Grows will determine what, if any, action it will take against persons who violate these Terms, which could include the termination of one’s privilege to use the Marketplace or, in certain circumstances, referral to the appropriate authorities for action.

Modifications to Marketplace

A Child Grows reserves the right, at any time and from time to time, to delete, modify, suspend or discontinue, temporarily or permanently, the Marketplace (or any part thereof, including any postings) with or without notice. You agree that A Child Grows shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Marketplace.

Disclaimer of Warranties and Limitation of Liability

MOST OF THE CONTENT, OFFERINGS, REVIEWS AND FEEDBACK POSTED TO OR ADVERTISED IN THE MARKETPLACE ARE PROVIDED BY THIRD PARTIES NOT AFFILIATED WITH A CHILD GROWS. SUCH THIRD-PARTY CONTENT, OFFERINGS, REVIEWS AND FEEDBACK ARE THE SOLE RESPONSIBILITY OF THE PERSON OR ENTITY ORIGINATING SUCH CONTENT, OFFERINGS, REVIEWS AND FEEDBACK. YOU AGREE THAT A CHILD GROWS DOES NOT CONTROL, AND IS NOT RESPONSIBLE IN ANY WAY FOR SUCH THIRD-PARTY CONTENT, OFFERINGS, REVIEWS AND FEEDBACK. YOU AGREE THAT A CHILD GROWS IS NOT LIABLE FOR ANY CONTENT, OFFERINGS, REVIEWS AND FEEDBACK POSTED TO OR ADVERTISED IN THE MARKETPLACE BY THIRD PARTIES. ADDITIONALLY, YOU AGREE THAT A CHILD GROWS IS NOT LIABLE FOR, AND YOU SHALL INDEMNIFY AND HOLD A CHILD GROWS, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES HARMLESS FROM ANY CLAIM, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY RELATING TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE MARKETPLACE, YOUR USE OF THE MARKETPLACE, ANY TRANSACTION COMPLETED IN CONNECTION WITH YOUR USE OF THE WEB SITE, YOUR VIOLATION OF THESE TERMS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

THE CONTENT ON THE MARKETPLACE IS “AS IS” AND CARRIES NO WARRANTIES. A CHILD GROWS DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT OR OFFERINGS ON THE MARKETPLACE, REGARDLESS OF WHO ORIGINATES THAT CONTENT OR OFFERING. A CHILD GROWS DOES NOT WARRANT THAT THE MARKETPLACE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER LIMITATIONS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON SUCH CONTENT OR OFFERINGS. A CHILD GROWS IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE MARKETPLACE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT OR OFFERINGS, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT OR OFFERINGS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, A CHILD GROWS AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE ARISING FROM YOUR USE OF THE MARKETPLACE, EVEN IF A CHILD GROWS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN A CHILD GROWS AND YOU. A CHILD GROWS WOULD NOT BE ABLE TO HAVE PROVIDED THE MARKETPLACE WITHOUT SUCH LIMITATIONS.

Miscellaneous

Only persons aged 10 or over may access and use the Marketplace, without regard to whether an adult actually owns the registration or parental/guardian permission.

Reporters, researchers, and third party representatives need permission prior to posting, emailing members, or publishing Marketplace content in their official capacity.

These Terms are a complete statement of the agreement between you and A Child Grows and set forth the entire liability of A Child Grows and your exclusive remedy with respect to your access and use of the Marketplace. In the event of a conflict between these A Child Grows Marketplace Terms of Service and Conditions of Use and either the A Child Grows Privacy Statement, these A Child Grows Marketplace Terms of Service and Conditions of Use shall prevail. The agents and employees of A Child Grows are not authorized to make modifications to these Terms, or to make any additional representations, commitments or warranties binding on A Child Grows. Any waiver of the terms herein by A Child Grows must be in a writing signed by an authorized officer of A Child Grows and expressly referencing the applicable provisions of these Terms. Your privilege to use or access the Marketplace may be terminated by A Child Grows immediately and without notice if you fail to comply with any term or condition of these Terms. Upon such termination, you must immediately cease accessing or using the Marketplace. If any provision of these Terms is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. These Terms will be governed by the laws of the the state of New York USA as applied to agreements entered into and to be performed entirely within New York, without regard to its choice of law or conflicts of law principles, and applicable federal law. The parties hereby consent to the exclusive jurisdiction and venue in the state and federal courts in Kings County, New York USA. These Terms do not limit any rights that A Child Grows may have under trade secret, copyright, patent or other laws.

Any questions about the Terms of Service and Conditions of Use should be sent to mailto:Karen@achildgrows.com