Terms & Conditions

Welcome to SwaddleDesigns.com and SwaddleClub.com websites (collectively, "Swaddle Sites"). Please review the following basic terms that govern your use of our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the "Agreement").

Registration and Access Controls

You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. If you have reason to believe that someone is using your account without your permission, you should contact SwaddleDesigns immediately.

Site Contents

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Swaddle Sites (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by SwaddleDesigns, LLC, and its subsidiaries and/or affiliates (collectively "SwaddleDesigns"). The Swaddle Sites as a whole are protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by SwaddleDesigns and all other trademarks appearing at the Swaddle Sites are trademarks of SwaddleDesigns. The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Swaddle Sites. You may download or copy select Contents and other downloadable materials displayed on the Swaddle Sites for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Swaddle Sites, or any related software.

SwaddleDesigns has licensed audio assets and video assets from third party partners including The Happiest Baby, Incorporated. The videos and audio content provided by The Happiest Baby and other third party (collectively, “3P Content”) are solely the property of the named party. You may not download, reproduce, or distribute the 3P Content without the purchase of the salable 3P Content using a valid transaction via Swaddle Sites or a third party site. SwaddleDesigns reserve the right to block streaming the Content and providing access to 3P Content in the event we determine that you are violating this Agreement.

Acceptable Use

The Swaddle Sites and relates services have been designed to present Content in a unique format and appearance. Unless we give you permission, you agree not to access the services using any interface other than ours. We may deny permission to link to the Swaddle Site services for any reason in our sole discretion, and you must be able to edit or delete promptly links that you create, upon our request.

Without limiting any other provision in this Agreement, you may not use the Swaddle Sites services to do the following or assist others to do the following:

• Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities;
• Link to the Swaddle Sites from a site or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
• Frame the Swaddle Site services, display the services in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between SwaddleDesigns and any third party or potentially deprive us of revenue or negatively impact our third party partners;
• Violate any person's or entity's legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
• Transmit files that contain viruses, spyware, adware, or other harmful code;
• Advertise or promote goods or services without our permission (including, without limitation, by sending spam);
• Interfere with others using the Swaddle Site services or otherwise disrupt the services;
• Transmit, collect, or access personally identifiable information about other users without the consent of those users and SwaddleDesigns;
• Engage in unauthorized spidering, “scraping,” or harvesting Content, contact or other personal information, or use any other unauthorized automated means to compile information;
• Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit; or
• Defeat any access controls, access any portion of the Swaddle Site services that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials.

Please contact SwaddleDesigns with any questions or concerns.

User Comments, Feedback, Postcards and Other Submissions

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Tea on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain SwaddleDesigns’ property. Such disclosure, submission or offer of any Comments shall constitute an assignment to SwaddleDesigns of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, SwaddleDesigns will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. SwaddleDesigns is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Swaddle Sites will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

Revisions

We may from time to time change the terms that govern your use of our Swaddle Sites. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our Site from time to time.

Inaccuracy Disclaimer

From time to time there may be information on Swaddle Sites that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause you.

Product and Pricing Information

Although SwaddleDesigns has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products will depend upon the monitor of the user, and SwaddleDesigns cannot guarantee that the user's monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. SwaddleDesigns is not responsible for typographical errors regarding price or any other matter. We do our best to ensure merchandise is available when you order it, however merchandise availability on our website is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via email or postcard. You can always verify availability by calling Customer Service at 1-855-SWADDLE (855-792-3352). You will receive a shipping confirmation email once your items have shipped.

Links to Other Web Sites and Services

To the extent that the Swaddle Sites contain links to outside services and resources, the availability and content of which SwaddleDesigns does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.

Privacy policy

In the course of your use of the Swaddle Sites, you may be asked to provide certain information to us. You acknowledge and agree that you are solely responsible for the accuracy and content of such information. SwaddleDesigns use of any personal information you provide via the Swaddle Sites shall be governed by the SwaddleDesigns Privacy Policy.

Disclaimer

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE SWADDLE SITES, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS. SWADDLEDESIGNS DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. SWADDLEDESIGNS DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH SWADDLEDESIGNS ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER SWADDLEDESIGNS NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. SWADDLEDESIGNS IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY SWADDLEDESIGNS TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SWADDLEDESIGNS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE.

Jurisdiction

This Site is controlled and operated by SwaddleDesigns from its offices in Seattle, Washington. This Agreement shall be construed in accordance with the laws of the State of Washington, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state or federal courts of the State of Washington.

Changes

SwaddleDesigns may occasionally change this Agreement, so we encourage you to review the Terms and Conditions periodically. If you continue to use the Swaddle Sites after we change the Terms, you accept all changes.

Termination

This Agreement is effective unless and until terminated by either you or SwaddleDesigns. You may terminate this Agreement at any time. SwaddleDesigns also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Swaddle Sites, if in SwaddleDesigns sole discretion you fail to comply with any term or provision of this Agreement.

Updated on January 24, 2014