Terms and Conditions of Use
Published on 01/28/2020
Welcome to Dr. Brown’s and thank you for your interest in using one or more of the many communication and service formats offered by Dr. Brown’s to our visitors and customers (“Users”). Please read the following Terms and Conditions of Use (“Terms”) carefully before using any of Handi-Craft Company’s Dr. Brown’s websites, mobile applications, electronically delivered products, social media forums, blogs, e-commerce stores, on-line accounts, e-mail communications and phone support (collectively, our “Services”). These Terms apply to all Users of the Services.
Eligibility and Acceptance
1. By using any one or more of our Services, you agree to be bound by these Terms – effective initially and each time you access or use any of our Services. If you do not want to agree to these Terms, you must not use the Services.
2. YOU AFFIRM THAT YOU ARE EITHER AT LEAST 18 YEARS OF AGE, AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THESE TERMS, AND TO ABIDE BY AND COMPLY WITH THESE TERMS.
3. YOU AFFIRM THAT YOU ARE OVER THE AGE OF 13, AS THE SERVICES ARE NOT INTENDED FOR CHILDREN UNDER 13. IF YOU ARE UNDER 13 YEARS OF AGE, YOU ARE NOT ALLOWED TO USE OR EVEN ACCESS THE SERVICES OR TO CREATE AN ACCOUNT.
4. USER ACCESS TO THE SITE IS VOID AND UNAUTHORIZED WHERE PROHIBITED BY APPLICABLE LAW OR REGULATION.
5. You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to access or use the Services for any purpose that is illegal or beyond the scope of the Services’ intended use (in Handi-Craft’s sole judgement).
Changes to the Terms and Conditions of Use
Access to the Services
1. In order to have access to certain Services, including but not limited to using our mobile applications, making product purchases and submitting content, you may be required to create an Account either directly on our Services, as prompted by a registration form, or by using Facebook Connect. You may never use someone else’s Account.
2. During registration, we may require the submission of information about yourself. Registration Data may include your e-mail address, username, password, and address as well as your child’s name, age and sex. In certain Services we may also request or allow you to provide measurements and other data relating to your child. When prompted for such information, you agree to provide accurate, current and complete Registration Data. You also represent that we may rely on your Registration Data as accurate, current and complete.
3. Username and Password: As part of the registration process, you may be asked to select a username and password. We may refuse to grant to you any username, which in our sole and absolute discretion, is deemed to be invalid. Invalid usernames include, but are not limited to, usernames that are fashioned to impersonate another person, are protected by trademark law or other proprietary rights, are vulgar or otherwise offensive or those that may cause confusion. These are only some examples of invalid usernames and we reserve the sole right, at our own discretion, to deem any username invalid.
4. You agree to maintain and update your Registration Data to keep it accurate, current and complete. We reserve the right, in our sole and absolute discretion, to terminate your Account for inaccurate, untrue, deceptive and/or incomplete Registration Data.
5. You must treat your password as confidential, and you must not disclose it to others. You must immediately notify Handi-Craft Company (via privacy [at] handi-craft.com) of any unauthorized use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may only access the Services through your own Account. Users do not own their accounts, and gifting or otherwise transferring of accounts or access keys is prohibited.
6. By creating an account or login associated with any of our Services, you agree to receive free content and/or promotional offers from us. If you do not wish to receive such communications from us, you may remove your name from our mailing list by contacting us at privacy [at] handi-craft.com.
Withdrawal or Amendment of Services
1. We may withdraw or amend the Services, and any related service or content, or restrict access (including by means of cancellation, termination, or modification, or suspension of a User Account) to all or certain users (including you) without notice and without liability to you in our reasonable discretion. Additionally, due to your geographic location, the Services or some of their features, services, or content may be unavailable to you. Notwithstanding anything to the contrary herein, we may terminate or suspend access to the Services based on your breach of these Terms.
2. Such withdrawal or amendment is effective when executed by us or upon transmittal by us. However, your obligations of indemnification pursuant to these Terms shall survive any termination or the cancellation of access to the Services and/or your Account.
3. You may withdraw your consent to these Terms or request to have your Account terminated at any time by submitting a request to privacy [at] handi-craft.com. Withdrawal of consent or request to have your account terminated will have no effect on the legal validity and/or enforceability of these Terms for the time period prior to your request and during the time period needed for us to reasonably act to comply with your request.
Intellectual Property Rights
1. The Services, including all content, features, and functionality thereof, are owned by Handi-Craft Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, and other intellectual property or proprietary rights laws.
2. You are permitted to use the Services for your personal, non-commercial use only or legitimate business purposes related to your role as a current or prospective customer of Handi-Craft. Except as provided below, you must not copy, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material obtained through the Services, or delete, or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services. However, if you are otherwise in compliance with these Terms, you are permitted to use, elsewhere and on other websites or forums, an unaltered copy of portions of the content that is publicly available on the Services for the limited, non-commercial purpose of discussing such content.
3. You must not reproduce, sell, or exploit for any commercial purposes any part of the Services, access to the Services or use of the Services or any services or materials available through the Services.
4. For clarity, the foregoing permissions are limited to the Services, and no rights are granted with respect to any servers, computers, or databases associated with the Services.
1. “Content” as used in these Terms includes, without limitation, text, software, scripts, graphics, photos, audio clips, videos, information, data, posts, comments, interactive features or other items provided or otherwise made accessible on or through the Services.
2. All Content provided by Handi-Craft Company on any of the Services is accurate at the time of publication. For Products that are referenced, described, advertised or offered for sale, please note that we may display an image of only one of the sizes of a Product, as images for all sizes may not be available.
3. You may access Content solely for your general information and personal use and as intended through the normal functionality of the Services.
4. CERTAIN OF OUR SERVICES INCLUDE CONTENT PROVIDED BY THIRD PARTIES AND USERS OF THE SERVICES. YOU ACKNOWLEDGE THAT WE ARE A DISTRIBUTOR OF SUCH CONTENT AND NOT ITS PUBLISHER.
5. Proprietary Rights of Content: The Content accessible on and through the Services as well as all trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to Handi-Craft Company, subject to copyright and other intellectual property rights. The copying, redistribution or publication by you of any of the Content or the Marks is strictly prohibited. You do not acquire ownership rights to any Content, Marks, Products or other materials viewed at, on or through the Services. You agree to abide by and maintain all Marks, copyright notices and/or restrictions set forth in the Content accessible through the Services. The posting by us of Content on or through the Services does not constitute a waiver of any right in such information and materials.
6. Limited License to Content: During your use of the Services, subject to these Terms, you as the User are granted a worldwide, royalty-free, non-exclusive, non-sublicensable and non-transferable license solely to download and display the Content for purposes of using the Services. You may not reproduce, modify, distribute or store the Content for any other purposes without the written consent of Handi-Craft Company. We retain the right to terminate this license, without notice, in our sole and absolute discretion, at any time for any reason whatsoever. We also reserve any rights not explicitly granted in these Terms.
1. The Services contain various forums, networks, and other interactive features that allow you to post, submit, publish, display, or transmit to Handi-Craft Company and other users (“Post”) content or materials (“User Contributions”) on or through the Services.
2. All User Contributions must comply with the following content standards: User Contributions must not be illegal, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and must not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
4. You represent and warrant that you own or otherwise control all of the rights to the User Contributions that you Post at the time of Posting; that the User Contributions are accurate and not fraudulent or deceptive; and that the User Contributions do not violate these Terms or the rights (intellectual property rights or otherwise) of any third party, and will not cause injury to any person or entity. You understand that your User Contributions may be copied by other Services users and discussed on and outside of the Services, and if you do not have the right to submit User Contributions for such use, it may subject you to liability. Handi-Craft Company takes no responsibility and assumes no liability for any content Posted by you or any third party.
5. Handi-Craft Company has the right but not the obligation to monitor and edit or remove any User Contributions. You agree that Handi-Craft Company will have the sole and absolute discretion whether to publish your User Contribution. Submission thereof is no guaranty of publication, nor that it will remain published through the Services for any certain length of time. We also have the right to terminate your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.
6. You waive any right that you may have to inspect and/or approve any finished product or copy using and/or incorporating the User Contributions, or the use to which the User Contributions may be applied;
7. Neither you nor anyone else will receive, either now or in the future, any compensation from anyone for the User Contributions.
8. Whether published or not, Handi-Craft Company does not guarantee the confidentiality of User Contributions. We do not condone or tolerate the submission of illegal and/or inappropriate content. By posting your User Contribution, or attempting to post your User Contribution, you hereby agree and are fully subject to the following terms (“Content Terms”). These Content Terms govern each and every submission of User Contributions. For each submission, you represent, warrant and agree that:
a. You are eighteen (18) years of age or older, an emancipated minor, or possess the necessary legal parental or guardian consent to enter into these Terms;
b. You, and any other individual(s) portrayed or identified in the User Contribution, were at least eighteen (18) years of age at the time that the User Contribution was taken, made and/or created or you have previously obtained from their legal parent or guardian the consent for such use, publication and/or display.
1. You are solely responsible for your conduct in using the Services, including the submission of User Contributions and/or other information that you publish, transmit and/or post on the Services, including the Registration Data. You agree to use the Services in a manner consistent with any and all applicable laws and regulations as they now exist or may be herein after promulgated. You agree not to:
a. post, or attempt to post, any text, audio, photographs, videos or other images containing offensive and/or confidential information;
b. impersonate any person or entity;
c. “stalk” or otherwise harass any person via the Services;
d. engage in advertising to, or solicitation of, other Users to buy or sell any products or services through the Services;
e. transmit any chain letters, spam or junk e-mail to other Users;
f. express or imply, without our specific, prior written consent that any statements you make are endorsed by Handi-Craft Company;
g. harvest or collect personal information about other Users, whether or not for commercial purposes, without their express consent;
h. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents;
i. post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of Handi-Craft Company or the owner of such proprietary rights;
j. to access User Contributions or the Services through any technology or means other than through the means provided on the Services themselves or other explicitly authorized means designated by Handi-Craft Company;
k. remove any copyright, trademark or other proprietary rights notices contained on the Services;
l. interfere with or disrupt the Services, or the servers and/or networks connected to the Services;
m. post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment relating to the Services;
n. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services;
o. “frame” or “mirror” any part of the Services, without our specific, prior written authorization;
p. use metatags, code or other devices containing any reference to Handi-Craft Company, Dr. Brown’s or the Services in order to direct any person to any other website for any purpose; and/or modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services or cause others to do so; and
q. to use the Services, including any tools or technologies made available therein, for any commercial purpose, without the prior written consent of Handi-Craft Company. Prohibited commercial uses include any of the following actions taken without Handi-Craft Company’s express consent: (i) sale of access to the Services through a media other than the Services; and/or (ii) use of the Services for the primary purpose of gaining advertisements or subscription revenue.
2. No part of the Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Services or any portion thereof. You may not use any device, software or routine to interfere, or attempt to interfere, with the proper functioning of the Services. You may not take any action that imposes an unreasonable or disproportionately large load on the Services’ infrastructure.
3. Handi-Craft Company reserves the right, but has no obligation, to reject any User, Account or User Contribution that does not comply, in Handi-Craft Company’s sole and absolute discretion, with these prohibitions. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of these Terms and may result in the immediate termination of your use and/or Account pursuant to the terms of these Terms. We reserve the right to pursue any and all legal remedies against Users who engage in any of the aforementioned prohibited conduct. However, in any event, Handi-Craft assumes no responsibility for the conduct of other Users of the Services.
Payments and Billing
1. Paid Services: Certain of our Services, such as our Dr. Brown’s e-commerce store, may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.
2. Billing: We use a third-party payment processor (the “Payment Processor”) to collect payment from you for purchases made through the Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
3. Payment Method: The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due upon demand.
1. If you are a copyright owner or an agent thereof and believe that any Content or User Contribution infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (defined below) with the following information in writing (see 17 U.S.C. 512(c)(3) for more detail):
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
d. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
f. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
g. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. HCI’s designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent c/o Handi-Craft Company Inc. 4433 Fyler Ave., St. Louis, MO 63116 firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
1. The Services may permit you to link to other websites, services or resources (“Third Party Services”). When you access Third Party Services via such links, you are leaving our Services and you do so at your own risk. These Third Party Services are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Services. The inclusion of any such link does not imply our endorsement or any association between us and their operators.
2. If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
3. You may link to publicly available portions of the Services if you do so in a way that is fair and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. The Services must not be framed on any other website or service. We reserve the right to withdraw linking permission without notice.
Disclaimer of Warranties
The Services and all information, content, materials, products (including software), and other services included on or otherwise made available to you through the Services are provided by Handi-Craft Company on an “as is” and “as available” basis. Handi-Craft makes no representations or warranties of any kind, express or implied, as to the operation of the Services, or the information, content, materials, products (including software), or other services included on or otherwise made available to you through the Services. You expressly agree that your use of the Services is at your sole risk. To the full extent permissible by law, Handi-Craft Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Handi-Craft Company does not warrant that the Services, information, content, materials, products or other services included on or otherwise made available to you through the Services, Handi-Craft Company’s servers, or electronic communications sent from Handi-Craft Company are free of viruses or other harmful components.
Limitation of Liability
To the full extent permissible by law, Handi-Craft Company will not be liable for any loss of profits or any indirect, incidental, punitive, special or consequential damages arising out of or in connection with this Agreement. Further, to the full extent permissible by law, Handi-Craft Company’s aggregate liability arising out of or in connection with this Agreement will not exceed the total amounts you have paid (if any) to Handi-Craft under this Agreement during the twelve (12) months immediately preceding the events giving rise to such liability.
You agree to defend, indemnify, and hold harmless Handi-Craft Company, its affiliates, and licensors, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) resulting from your User Contributions or violation of these Terms.
Governing Law and Jurisdiction
Any dispute or claim by you arising out of or related to these Terms (“Claim”) shall be governed by Missouri law without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, a Claim shall be instituted exclusively in the federal courts of the United States or the courts of Missouri, in each case located in St. Louis City or St. Louis County. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ARBITRATION AND CLASS ACTION WAIVER – PLEASE REVIEW CAREFULLY AS THIS MAY EFFECT YOUR LEGAL RIGHTS
1. YOU AGREE THAT ALL DISPUTES OR CLAIMS BETWEEN YOU AND HANDI-CRAFT COMPANY (WHETHER OR NOT SUCH DISPUTE OR CLAIM INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS AND CONDTIONS OF USE OF SERVICES, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. HOWEVER, TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF MISSOURI, EITHER OF THEM BEING IN ST. LOUIS CITY OR IN ST. LOUIS COUNTY, AND YOU AGREE TO SUBMIT TO JURISDICTION IN SUCH COURT. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
2. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this Agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms must be filed within one (1) year after such claim of action arose or be forever banned.
Waiver and Severability
1. No waiver of these Terms by Handi-Craft Company shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Handi-Craft Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
2. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
Legal Warning. Any attempt by any individual, whether a User or otherwise, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Services is a violation of criminal and civil law and we will diligently pursue all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
You may contact us at the following:
Handi-Craft Company Inc.
4433 Fyler Ave.,
St. Louis, MO 63116