Welcome to the XOve™ Baby website, www.XOveBaby.com (the "Site") owned and operated by XOve, Inc ("XOve"). We have prepared the information below to ensure that your experience on our Site is one that you will enjoy and want to repeat. This site is provided as a service to our customers. Please review the following basic rules.
Except as otherwise noted herein, these terms and conditions ("the Terms") govern your use of the Site. Please read these Terms carefully, because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site.
XOve reserves the right to make changes to the Site and to these Terms on occasion. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because by visiting the Site, you agree to accept any such changes. XOve provides you with access to and use of the Site subject to your compliance with the Terms. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, "Materials and Content"), is XOve property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of XOve. We grant you a personal, limited, non-exclusive, non-transferable license to access the Site and to use the information and services contained here. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Site. XOve specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
- Posting any information which is incomplete, false, inaccurate or not your own;
- Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol;
- Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
- Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
- Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
- Communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws;
- Attempting to interfere in any way with the Site's or XOve's networks or network security, or attempting to use the Site's service to gain unauthorized access to any other computer system;
- Communicating, transmitting, or posting material that is in violation of applicable laws or regulations.
LIMITS ON PURCHASES
In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our merchandise, we may place limits on purchases and we do not authorize the purchase of commercial quantities of our merchandise. We also may, among other things, restrict orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy. We may modify this policy at any time without prior notice. This policy applies to all purchases of XOve merchandise.
Violations of system or network security may result in civil or criminal liability. XOve will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
- Accessing data not intended for you or logging on to a XOve server or account, which you are not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
- Attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing" the Site;
- Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to our Site.
We control and operate the Site from the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site.
PRODUCT AND PRICING INFORMATION
In an effort to enhance your shopping experience and make every effort to display as accurately as possible the colors of our products and accessories on the Site, we have provided high quality photo examples of all products for sale. However, due to monitor and computer discrepancies, we cannot guarantee that your display of color will be identical to the product sold.
Products displayed may be out-of-stock or discontinued, and prices are subject to change. XOve is not responsible for typographical errors regarding price or any other matter.
As between you and XOve, (or any other company whose marks appear on the Site), XOve (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The XOve logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "XOve Intellectual Property") are owned by XOve and may be registered in the United States and internationally. You agree not to display or use the XOve Intellectual Property in any manner without XOve's prior permission. Nothing on the Site should be construed to grant any license or right to use any XOve Intellectual Property without the prior written consent of XOve.
Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by XOve. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.
In the course of your use of the Site, 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.
If you respond to XOve with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall NOT be deemed confidential. All such submissions shall be deemed the property of XOve, and your submission of information shall constitute an irrevocable assignment to XOve of all worldwide rights, titles and interests in and to such information. XOve will not be liable for any use or disclosure of such information. XOve will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. XOve will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.
LIMITATION OF LIABILITY
Given the unpredictability of technology and the online environment, XOve does not warrant that the function or operation of this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes it available will be free of viruses or other harmful elements. As a visitor to and user of this Site, you must assume full responsibility for any costs associated with the servicing of equipment used in connection with the use of our Site. As a visitor to and a user of this Site, you, in effect, agree that your access will be subject to the terms and conditions set forth in this legal notice and that access is undertaken at your own risk. XOve shall not be liable for damages of any kind related to your use of or inability to access this Site.
XOve makes no warranties of any kind regarding any non-XOve sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and XOve makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-XOve sites. XOve does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us please refer to our Contact Us page.