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Terms of Use Agreements

Read This Terms of Use Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on November 5, 2009.

Website

This Terms of Use Agreement sets forth the standards of use of the Carousel Designs, LLC Online Service. By using the babybedding.com website you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at babybedding.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

Carousel Designs, LLC is providing Member with baby bedding and décor products to purchase online, ideas and information related to these products, as well as the ability to create custom bedding and products. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.

2. Disclaimer of Warranties.

The site is provided by Carousel Designs, LLC on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Carousel Designs, LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Carousel Designs, LLC shall have no liability for any interruptions in the use of this Website. Carousel Designs, LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability

Carousel Designs, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR CAROUSEL DESIGNS, LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF CAROUSEL DESIGNS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

4. Indemnification

Member agrees to indemnify and hold Carousel Designs, LLC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

5. Modifications and Interruption to Service

Carousel Designs, LLC reserves the right to modify or discontinue the Service with or without notice to the Member. Carousel Designs, LLC shall not be liable to Member or any third party should Carousel Designs, LLC exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Carousel Designs, LLC does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

6. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

7. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Carousel Designs, LLC makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

Carousel Designs, LLC makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

8. Governing Jurisdiction of the Georgia Courts

Our website is operated and provided in the State of Georgia. As such, we are subject to the laws of the State Georgia, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Georgia.

9. Compliance with Laws.

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

10. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, products, collections, custom designs, custom bedding, and the selection and arrangements thereof is ©2009 Carousel Designs, LLC, with all rights reserved, or is the property of Carousel Designs, LLC and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Carousel Designs, LLC is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Carousel Designs, LLC.

Carousel Designs™ and babybedding.com™ are proprietary marks of Carousel Designs, LLC. Carousel Designs, LLC’s trademarks may not be used in connection with any product or service that is not provided by Carousel Designs, LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Carousel Designs, LLC.

All other trademarks displayed on Carousel Designs, LLC’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Carousel Designs, LLC.

11. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Carousel Designs, LLC designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail:
Carousel Designs, LLC
4519 Bankhead Highway
Douglasville, GA 30134-2006

By Telephone:
770-949-2123

By Email:
http://www.babybedding.com/contact-us

12. Botnets

Carousel Designs, LLC retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Carousel Designs, LLC reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

13. Custom

You agree that any collections, designs, or other products created, modified, or altered on our website IS THE SOLE PROPERTY of Carousel Designs, LLC. We reserve to use these collections, designs, and products in any way.

14. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Carousel Designs, LLC, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

Gift Certificates

1. Redemption

Gift Certificates must be redeemed through the Carousel Designs website, www.babybedding.com toward the purchase of eligible products. Purchases are deducted from the Gift Certificate balance. Any unused balance will be placed in the recipient's Gift Certificate account when redeemed. If an order exceeds the amount of the Gift Certificate, the balance must be paid with a credit card or other available payment method.

2. Our Policies

Gift Certificates and their use on the Carousel Designs website are subject to Carousel Designs' general Terms and Conditions and Privacy Policy.

3. Limitations

Gift Certificates cannot be used to purchase other Gift Certificates. Gift Certificates cannot be redeemed for cash, resold, reloaded, transferred for value, or applied to any other account, except to the extent required by law. Unused balances on a Carousel Designs Gift Certificate may not be transferred.

4. Risk of Loss

The risk of loss and title for Gift Certificates pass to the purchaser upon our electronic transmission to the purchaser, recipient or delivery to the carrier, whichever is applicable. We are not responsible if a Gift Certificate is lost, stolen, destroyed or used without your permission.

5. Fraud

Carousel Designs will have the right to close customer accounts and request alternative forms of payment if a fraudulently obtained Gift Certificate is redeemed and/or used to make purchases on the Carousel Designs website.

6. Limitation of Liability

CAROUSEL DESIGNS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

7. Disputes

Any dispute relating in any way to Carousel Designs Gift Certificates shall be adjudicated in any state or federal court in Douglas County, Georgia, and you consent to exclusive jurisdiction and venue in such courts.

8. General Terms

When you purchase, receive or redeem a Carousel Designs Gift Certificate, you agree that the laws of the State of Georgia, without regard to principles of conflict of laws, will govern these Gift Certificate terms and conditions. Carousel Designs reserves the right to change these terms and conditions from time to time in its discretion. All terms and conditions are applicable to the extent permitted by law.