TERMS OF USE (Effective Date: February 2018)

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as “You” or “User” or with “Your”) AND YINIBINI, LLC (d/b/a Yinibini Baby)(referenced herein as “Yinibini”) THAT APPLIES EACH TIME YOU USE OR ACCESS THE YINIBINI.COM WEBSITE (referenced herein as the “Site”). YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (“TOU”) AS THEY GOVERN YOUR USE OF THE SITE.

1.      License Grant. This TOU provides to You a personal, revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferable license to use the Site conditioned on Your continued compliance with the terms and conditions of this TOU. You may print and download materials and information from the Site solely for Your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.

2.      Restrictions. Notwithstanding the foregoing, You may not modify, translate, decompile, create derivative work(s) of, copy (in any way, including scraping), distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein, the Site.

3.      User Obligations. You represent that You are at least eighteen (18) years of age (or the legal age of majority (whichever is greater) and will, at all times, provide lawful and accurate information. In addition, You agree to abide by all applicable local, state, national, and international laws and regulations with respect to Your use of the Site. You access the Site on Your own volition.

4.      Privacy Policy. You understand, acknowledge, and agree that the operation of certain areas of the Site may require or involve the submission, use, and dissemination of various personally identifiable information. Please see Yinibini’s Privacy Policy, available at http://www.yinibinibaby.com/privacy-policy, for a summary of Yinibini's personally identifying information collection and use practices.

5.      Links to Other Websites. Yinibini may provide links, in its sole discretion, to other sites on the World Wide Web for Your convenience in locating or accessing related information, products, and/or services and to provide access to the social media network groups with which Yinibini participates. These sites, and especially any social media network group, are maintained by third parties over which Yinibini exercises no control. Accordingly, Yinibini expressly disclaims any responsibility whatsoever for the content on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.

                        Proprietary Rights. This TOU provides only a limited license to access and use the Site. Accordingly, You expressly acknowledge and agree that Yinibini transfers no ownership or intellectual property interest or title in and to the Site to You or anyone else. Except as expressly provided herein, Yinibini does not grant any other express or implied right to You or any other person under any intellectual or proprietary rights. This Site and its contents are Copyright © 2018 Yinibini, LLC and/or its licensors. All rights reserved. Yinibini also owns a copyright in the contents of the Site as a collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Site. “Yinibini,” “Yinibini Baby,” and all other names, designs, logos, and icons identifying Yinibini are proprietary trademarks of Yinibini, and any use of such marks, including without limitation as domain names, without the express written permission of Yinibini is strictly prohibited. Other product, association, organization, and company names mentioned herein may be the trademarks and/or service marks of their respective owners.

                        Feedback. Yinibini welcomes Your feedback and suggestions about Yinibini’s products or services or with respect to how to improve the Site. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to Yinibini, You represent and warrant that You own all rights to such Feedback and the Feedback does not infringe the rights of any third party. In addition, the submission of Feedback will include an irrevocable, perpetual, royalty-free license for Yinibini to use such Feedback in any manner, for any purpose, and in any medium.

                        Disclaimer. THE INFORMATION, SOFTWARE FUNCTIONALITY, AND MATERIALS AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YINIBINI HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE WITH RESPECT THERETO. 

                        Limitation of Liability. YOU EXPRESSLY ABSOLVE AND RELEASE YINIBINI FROM ANY CLAIM OF HARM ARISING IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SITE RESULTING FROM A CAUSE BEYOND YINIBINI’S REASONABLE CONTROL. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL YINIBINI BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR FOR ANY INFORMATION AND MATERIALS AVAILABLE THROUGH THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF YINIBINI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TOTAL LIABILITY OF YINIBINI FOR ANY REASON WHATSOEVER RELATED TO ACCESS TO OR USE OF THE SITE OR THIS TOU SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO YINIBINI IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE OR $100 (U.S.), WHICHEVER IS LESS.

                        Governing Law. This TOU has been made in and will be construed and enforced in accordance with the laws of the District of Columbia as applied to agreements entered into and completely performed in the District of Columbia, without reference to its principles of choice of laws.

                        Enforcing Security on the Site. Yinibini wishes to keep the Site as a safe and productive resource. You therefore may not use the Site or any of Yinibini’s data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior. You have no reasonable expectation of privacy while using the Site, because Yinibini reserves the right to view, monitor, and/or record activity on the Site in order to maintain security of the Site. Such recorded activity is subject to review by law enforcement organizations. Yinibini will also comply with all court orders or subpoenas involving requests for information. Yinibini reserves the right at any time to suspend or terminate operation of or access to the Site or any portion of the Site.

                        Injunctive Relief. You agree that Yinibini shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of Your obligations under any provision of this TOU. Accordingly, You hereby waive any requirement that Yinibini post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Yinibini to enforce any provision of this TOU.

                        Term & Termination. This TOU will take effect (or re-take effect) at the moment You begin downloading, accessing, or using the Site, whichever is earliest. By accessing or using the Site, You accept and agree to be bound by and abide by this TOU. If You do not agree to the terms of this TOU, You may not access or use the Site. Yinibini reserves the right at any time and on reasonable grounds to deny Your access to the Site or to any portion thereof and this TOU will also terminate automatically if You fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without prior notice. You may also terminate this TOU at any time by ceasing to use the Site, but all applicable provisions of this TOU will survive termination, as identified below, and each re-access or use of the Site will reapply this TOU (then in effect) to You. Upon termination, You must destroy all copies of any aspect of the Site in Your possession. The provisions concerning Yinibini’s proprietary rights, Feedback, disclaimers of warranty, limitations of liability, waiver and severability, entire agreement, injunctive relief, and governing law will survive the termination or expiration of this TOU for any reason.

                        Waiver & Severability. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.

                        Entire Agreement. No joint venture, partnership, employment, affiliate, or agency relationship exists between You and Yinibini as a result of this TOU or Your use of or access to the Site. This TOU represents the entire agreement between You and Yinibini with respect to use of the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and Yinibini with respect to the Site. You may not assign or transfer any rights under this TOU without the prior written consent of Yinibini. Please note that Yinibini reserves the right to change the terms and conditions of this TOU by posting a revised TOU or mailing and/or e-mailing notice thereof to You. In addition, Yinibini may add, modify, or delete any aspect, program, or feature of the Site, but Yinibini is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Site following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review this TOU on a periodic basis.