Terms of Use for User Generated Content

Last Updated: May 9, 2017

These Terms of Use for User-Generated Content (“UGC Terms of Use”) describe the terms and conditions under which Ergobaby and its affiliates and subsidiaries (collectively, “Ergobaby”) may use that content created and publicly posted by you, as more specifically identified in Ergobaby’s communication to you via the social media platform on which such content appears (the “User-Generated Content”).

IMPORTANT NOTICE — THIS IS A CONTRACT:

By replying "#approve", you agree to be bound by these UGC Terms of Use, without limitation or qualification. Ergobaby reserves the right to modify these UGC Terms of Use by posting new versions thereof, as well as the right to provide additional notice of material changes, which modifications and changes will be effective immediately.

RIGHTS

You hereby grant to Ergobaby a non-exclusive, irrevocable, worldwide, royalty-free right and license to exhibit and otherwise use (and to authorize third parties to exhibit and otherwise use) the User-Generated Content, in perpetuity, on website(s), blog(s), mobile website(s), mobile app(s), social channel(s), email(s), print(s), publication(s), and/or any other medium. Ergobaby may modify the User-Generated Content for formatting, navigational, integration or any other purposes.

You acknowledge and agree that (i) the User-Generated Content was created by you or that you own or control all rights in such User-Generated Content; (ii) the exercise by Ergobaby of its rights under these UGC Terms of Use will not violate the rights of any third party or any applicable laws, rules or regulations, including, without limitation, consumer protection, privacy and trade laws; and (iii) the User-Generated Content does not contain any worms, viruses or other harmful code

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ERGOBABY, ANY THIRD PARTY SUBLICENSEE OF ERGOBABY, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS, ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF OR RESULTING FROM THESE UGC TERMS OF USE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER YOU, ERGOBABY, OR ANY THIRD PARTY CONTENT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, DAMAGES, LOSSES OR EXPENSES.