a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

b. A description of the copyrighted work that you claim has been infringed;

c. A description of where the material that you claim is infringing is located on the Site;

d. Your address, telephone number, and email address;

e, A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

5. Sponsors, Third Parties, Advertisers, Links. The Site contains links to other web sites. The Cradle is not responsible for and makes no representations with respect to the content, accuracy or opinions express in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by The Cradle. Inclusion of any linked web site on the Site does not imply approval or endorsement of the linked web site by The Cradle. If you decide to leave the Site and access these third-party sites, and/or use the products or services of such websites, you do so at your own risk.

Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties, or advertisers found on or through the Site, including, but not limited to, online retail websites, social networking websites, information portals, medical websites, and payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party, or advertiser. You agree that The Cradle shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Site, or as a result of links to other World Wide Web sites. All rules, policies (including privacy policies) and operating procedures of merchants will apply to you while on such sites. The Cradle is not responsible for information provided by you to merchants.

6. Payments. You represent and warrant that if you are purchasing something from the Cradle or from merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

7. Proposed Product and Service Offerings. All descriptions of proposed products and services are based on assumptions subject to change and you should not rely on the availability or functionality of products or services until they are actually offered through the Site. We reserve the right in its sole discretion to determine how registration and other promotions will be awarded. This determination includes, without limitation, the scope, nature and timing of all such awards.

8. Restrictions and Prohibitions on Use. Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use:

You may not:

a. Copy, print (except for express limited purpose permitted herein), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved there from;

 

b. Use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage, and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, rental, subscription, or any other mechanism without the explicit written permission from us;

c. Submit or transmit any message that is libelous or defamatory, obscene, vulgar, hateful, threatening or abusive or violates any third party's copyrights, privacy or publicity rights, trademarks, trade secrets, or rights in other confidential information, or would constitute, or that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law;

d. Submit or transmit any message, data, image, or program with the intent to threaten the safety of others or to cause others to feel that they are being threatened;

e. Impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity, or forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to other users;

f.  Obtain or accumulate personal information about individual users or collect or store personal data about other users.

g. "Stalk" or otherwise harass a computer user.

h. Interfere with other Users' use of the Site, including, without limitation, disrupting the normal flow or use of the service.

i. Post or transmit any file which contains "viruses," "worms," "Trojan horse" or any other contaminating or destructive features.

We do not intend to discourage Users from taking controversial positions or expressing what may be unpopular views; however, we expect users to express their views and participate in discourse on this Site in a civil and respectful manner. We reserve the right to take such action as we deem appropriate in cases where the Site is inappropriately used to disseminate statements or materials that are reasonably construed as abusive, destructive, harmful, or threatening to the safety of others.

We reserve the right to share information you provide (including any identifying information you provide) with legal authorities if it is, in our sole opinion, necessary to investigate, prevent, or take action regarding suspected fraud, any situations involving threats or potential harm to the physical safety of any person or property, or if required by law (such as if required by a subpoena, court orders or other legal means).

It is our general policy to protect the privacy of the persons transmitting any messages to us through the Site. By sending a submission to us through the Site, the User automatically authorizes us to read it, edit it, and publish it on the Web site or any of our future publications and authorize other organizations to publish it.

We reserve the right to remove any information that is posted in violation of these terms and to suspend any registered user accounts for persons who violate these terms and conditions.

9. Editing, Deleting, and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

10. Release for Photographs and/or Written Material. You confirm that all photographs and/or written material that you post now or in the future on the Site are original to you, or that you have full right and authority to allow them to be used, posted, exhibited or reproduced on the Site. You confirm that, to your knowledge, none of the photographs and/or written material will infringe or violate the rights of others, and you confirm that the photographs and/or written material are not vulgar, obscene, or embarrassing. If any of the photographs and/or written material require permission for posting or display on the Site, you confirm that you have obtained such permission from all owners of those rights.

You acknowledge, understand, and agree that neither the Site, nor its administrators, owners, affiliates, and/or partners will be responsible or liable to you or any third parties in any way for using, posting, exhibiting or reproducing your photographs and/or written material on the Site.

The Cradle may review all photographs, and/or written material posted to the Site, and may remove, without notice or liability to you, any photographs and/or written material we find objectionable at our sole discretion. You understand that if you post photographs and/or written material in violation of these Terms, we may immediately prevent you from posting additional photographs, and/or written material, and may terminate your membership, at our sole discretion and without notice or liability to you.

Any comments, feedback, materials, testimonials, criticisms, questions, or letters or the like sent or posted by you to The Cradle regarding the Site, resources, articles, links, among other things (“Received Materials”) shall be deemed to be non-confidential and free of any claims of proprietary or personal rights. The Cradle shall have no obligation of any kind with respect to such Received Materials and The Cradle will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction. Furthermore, The Cradle is free to use any ideas, concepts, know-how, or techniques contained in any communication you post or send to The Cradle for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to you.

11. No Warranty. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE CRADLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT THE CRADLE IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. THE SITE PROVIDES INFORMATION OF A GENERAL NATURE AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. IF YOU HAVE ANY CONCERNS ABOUT YOUR OWN HEALTH OR THE HEALTH OF YOUR CHILD, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. THE CRADLE DOES NOT ENDORSE OR RECOMMEND ANY SPECIFIC PRODUCT, PROCEDURE, OPINION OR ANY OTHER INFORMATION CONTAINED ON THIS SITE.

c. THE CRADLE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; OR (vi) THAT THIS WEB SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

d. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. USERS ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY THEIR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A PROCEDURE OUTSIDE THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. USE OF THE SITE AND THE INTERNET GENERALLY IS AT THE USER'S OWN RISK.

13. Indemnification. You agree to indemnify, defend and hold The Cradle, its parent, subsidiaries, affiliates, officers, directors employees, clients and agents harmless from any claim or demand, including costs and reasonable attorneys’ fees, made or incurred by any third party due to or arising out of your breach of these Terms , the documents incorporated by reference herein, or Your use of the Site.