terms of service
Januari 2007 – version 2.0


section 1. Definitions

1.1 DEFINITIONS. In these terms the following is meant by:
  • The Service: The website www.Knuffelbaby.com, also referred to as Knuffelbaby, and all of its features and components, on which the Service Provider presents the Babysite product and from which Babysites can be ordered. Other (domain)names by which the Service Provider offers his products are amongst others: www.babywebbies.com , www.babywebbies.info , www.babywebbies.nl , www.babywebbies.be , www.knuffelbaby.com , www.knuffelbaby.info , www.knuffelbaby.nl , www.knuffelbaby.be .
  • Babysite: The product with which the User is offered the opportunity to create, manage and host a personal Babysite on the internet.
  • Service Provider: The company of Infonanza BV in Eindhoven, developer, owner and provider of The Service.
  • Terms of Service: The Terms of Service of the Service Provider, alse referred to as TOS
  • User: The person with whom the Service Provider comes to an Agreement.
  • Agreement: The agreement between User and Service Provider
  • Register / Registration: Users are required to provide Personal Data to The Service through Registration.
  • Personal Data: User identifiable information. Please also refer to our Privacy Statement.
  • Restricted Area: Parts of the website which can only be accessed by the User with a Username and Password.
  • Username: Identificationname of the User, required to access the managementpages of his/her Babysite.
  • Password: An accesscode of the User, required to access the managementpages of his/her Babysite.
  • SiteManager: A Restricted Area in which the User can access the managementpages of his/her Babysite to modify the appearance of the Babysite and/or create, modify or delete his/her User Content on his/her Babysite.
  • Content: All sorts of information, data, text, files, photographs, images, graphics, animations, video,software, sound, music, messages or other materials.
  • User Content: Content, provided and maintained by a User.
  • Server: A computersystem, used by the Service Provider, through which digital information and images are stored for and made accessible to the User.
  • Payment Service Provider: A third party service provider that facilitates the available payment methods and all transactional data traffic.


Section 2. Acknowledgement and acceptance of Terms of Service

2.1 TERMS. Knuffelbaby [The Service], owned, operated and developed by Infonanza BV [the Service Provider], is provided to you under the terms and conditions of these Terms of Service.

2.2 UPDATES OF TOS. The Terms of Service may be updated by the Service Provider without notice. You can review the most current version of the Terms of Service at any time at: http://www.Knuffelbaby.com/tos

2.3 BINDING TO TOS. By Registering as a User with The Service, you are indicating your agreement to be bound by all of the terms and conditions of the Terms of Service of The Service.

2.4 APPLICABILITY. These terms apply to all offers and agreements between the Service Provider and User, to which the Service Provider declared these terms to be applicable, unless both parties agreed otherwise, orally or in writing.

2.5 COMMITMENT. The Service Provider is committed to the service, as stated on the website of The Service and Service Provider, in accordance with the charges and Terms of Agreement agreed upon, which are an integral part of an Agreement of a User with the Service Provider.

2.6 CONTENT LIABILITY. The User is solely and entirely responsible for the Contents he/she provides and displays on his/her Babysite. The Service Provider assumes no responsibility or liability for any User Content.

2.7 LINKS. Users and visitors can provide links on the Babysites to other World Wide Web sites or resources. Because the Service Provider has no control over such sites and resources, you acknowledge and agree that the Service Provider is not responsible for the availability of such external sites or resources, and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that the Service Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

2.8 ACCESS. The User is responsible for obtaining access to The Service and his/her Babysite. An Agreement with the Service Provider does not include internet access or a connection to a (telephone)service that is required to accomplish an internet connection to reach the Server of the Service Provider. That access may involve third-party fees (such as internet service provider charges). The User is responsible for those fees.

2.9 HARDWARE/SOFTWARE. An Agreement with the Service Provider does not include placing harware and/or software at the disposal of the User.



Section 3. User commitments

3.1 ACCEPTANCE OF TOS. By Registering, the User enters into an Agreement with the Service Provider and the User accepts the Terms of Service of the Service Provider.

3.2 REPUTATION DAMAGE. The User will refrain from expressing or behaving him/herself, by means of adding any Content to his/her Babysite, in a way that could damage the reputation of the Service Provider. 3.3 DAMAGE TO FUNCTIONALITY. The User will not upload, post, email, transmit or otherwise make available any material, information or applications on his/her Babysite that could interrupt, limit or damage the functionality of the servers of the Service Provider or other servers on the internet.

3.4 CONTENT RESTRICTIONS. The User will not upload, email, post, transmit or otherwise make available any Content or applications on his/her Babysite that;
  • is unlawful;
  • infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
  • you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential
  • information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • are morally objective or defamatory;
  • contain pornographic images and/or texts;
  • contain pictures and/or texts of child abuse,animal abuse or any kind of abuse with the aim to propagate this;
  • contain racial or offensive expressions, texts and/or images. This also applies to digital and/or textual references, links, buttons or banners that refer to other websites with similar Content (public or restricted).

In case in the opinion of the Service Provider any of the above occurs on the Babysite of by the User, the Service Provider can immediately and unilatterally cancel the Agreement with the User and file a report with the proper authotities.

3.5 PROHIBITIONS. The User is prohibited to use the services of the Service Provider for one or more of the following actions and cases;
  • spamming: the unsolicited or unauthorized sending of large amounts of email with the same content;
  • advertisementmail: the unasked sending of large amounts of advertisementmail;
  • email bombing: sending of one or more large email messages, with the aim to overload electronical postboxes or to frustrate the receiver;
  • hacking: gaining acces to other websites, computers or computersystems on the internet, without permission.
  • collect or store Personal Data of other Users.

3.6 ACKNOWLEDGEMENTS. The User acknowledges that
  • The Service and Service Provider do not control the Content that originates from Users or visitors;
  • by using The Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances the Service Provider will be liable in any way for any Content;
  • the Service Provider shall have the right (but not the obligation) in their sole discretion to (pre-)screen Content that is available via the Service and refuse or remove any Content that violates the TOS or is otherwise objectionable.



Section 4. Management of the Babysites by the Service Provider

4.1 AVAILABILITY. The Service Provider will make every effort to offer the best possible availability of the Babysite of the User. The Service Provider cannot guarantee that a Babysite will be available and accessible at all times.

4.2 SUSPENSION OF THE SERVICE. The Service Provider has the right to temporarily suspend The Service when this is required for changes, maintenance or because of other urgent matters like, for example, in case of a virus. The User will be notified 24 hours in advance in case changes and/or maintenance on The Service will take more than approximately 4 hours. In all other cases, the Service Provider will try to notify the User as soon as possible.

4.3 MAINTENANCE. The Service Provider takes care of the maintenance of The Service and the Babysites. Regular maintenance on the systems of the Service Provider and the Babysites will be performed mainly during office hours between 9:00h and 17:00h CET.

4.4 MALFUNCTIONS. The Service Provider has the right to take all actions needed to repair, avoid and/or remove malfunctions.

4.5 NETWORK ALTERATIONS. The Service Provider has the right to make alterations to the networks and network-elements, used for The Service. In case it can be expected in fairness that a change in a network will require a considerable adjustment of the User, the Service Provider will notify this change within a reasonable period prior to the installation of the change.

4.6 CHANGES TO IP AND SIGN-IN PROCEDURES. The Service Provider has the right to make alterations in the IP-addresses and log-in procedures of The Service and Babysites. Changes will be notified in time to the User. Costs for the User that result from these kind of changes are at the expense of the User.

4.7 INACCESSIBILITY. In case the Babysite of the User is has become inaccessible by a malfunction in the systems of the Service Provider, the Service Provider will take actions to make the Babysite accessible again as soon as possible.

4.8 BLOCKING. The Service Provider has the right to block the Babysite of a User or to take actions in case the Service Provider has a serious suspicion that the Content, publication and/or distribution of the concerning Content, or making available or using the concerning Content is illegal or can be unlawful to third parties, or in case the use of the Babysite is in conflict with section 3 [User commitments].
This includes the placing of hyperlink(s) with which access is gained to the mentioned information or applications.

4.9 DOMAINNAME ALTERATIONS. The Service Provider has the right to change or adapt domain names after the trial period has expired in case no order or attempt to order the site has been made.



Section 5. Privacy policy

5.1 PRIVACY STATEMENT. Personal Data and certain other information about the User is subject to our Privacy Policy. For more information, see our full Privacy Statement at http://www.Knuffelbaby.com/privacystatement .

5.2 CONFIDENTIALITY. The Service Provider is bound to secrecy to third parties about all confidential data, in any way received from the User.

5.3 USE OF CONFIDENTIAL DATA. The Service Provider will only use the User's confidential data for the purpose for which the information is acquired.

5.4 DISPLAYING PERSONAL DATA. The User identifiable information [e.g. User registration information] provided to the Service Provider and Username and Password are never subject to public display.
However, the User can choose to add personal information to certain pages of his/her Babysite.

5.5 CONTACT. The Service Provider reserves the right to email or telephone the User in case of doubt or lack of clarity about the data provided by the User, to verify the data.



Section 6. Security

6.1 TECHNICAL PRECAUTIONS. The Service Provider will take the necessary technical and organisational precautions to protect the data of the User that is stored on his/her Babysite or is accessible through his/her Babysite. The User cannot claim any rights by these precautions, nor is the Service Provider liable for the loss of Content, caused by known or unknown factors.

6.2 LOG-IN DATA. Upon registration, a User will create a Username and Password to access the Restricted Areas, like the SiteManager of his/her Babysite. The User has to choose his/her own Username and Password. The Service Provider will notify the User by email when his/her Babysite is ready for use.

6.3 LOG-IN DATA CONFIDENTIALITY / UNAUTHORIZED USE. The User is responsible for maintaining the confidentiality of his/her Username and Password, and is fully responsible for all activities that occur with his/her Username and Password. The User agrees to (a) immediately notify the Service Provider of any unauthorized use of his/her Username and Password or any other breach of security, and (b) ensure that he/she logs off from the SiteManager at the end of each session. The Service Provider does not protect the User from unauthorized use of his/her Username and/or Password. The Service Provider cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

6.4 ACCESS TO PERSONAL DATA. The Personal Data of the User is stored in a database. This data is not visible to visitors or other Users. Only the User has the ability to change or view his/her data.

6.5 PAYMENT SECURITY. Most payment methods on The Service are handled by third party services. Connections and datatransfers with these third parties are made through a secure connection.
These third party services are governed by their own TOS and Privacy Statement. When entering or using a third party service via The Service, a link to the service is displayed to view their TOS and Privacy Statement.



Section 7. Intellectual property, copyright

7.1 TRANSFER. The transfer of intellectual property or copyrighted material is not part of the Agreement.

7.2 PERMISSION. A User posting material represents that such material is owned by the User or used with permission of the copyright holder.

7.3 PROPRIETY. The Service Provider acknowledges that the User owns the material he or she creates and posts on his/her Babysite. The User grants to the Service Provider a royalty-free, perpetual, non-exclusive license to display or publish such material (in whole or part) on the websites of the Service Provider.

7.4 INTELLECTUAL PROPERTY OF THE SERVICE PROVIDER. All websites of the Service Provider, including texts, images, design, datafiles, domainname and other parts, created by the Service Provider, are the intellectual property of the Service Provider. All rights concerning the above-mentioned are the exclusive property of the Service Provider.

7.5 CONSENT. The User may not copy and/or reproduce, distribute or alter the software, templates, design or other digital data, offered in accordance to a service and/or an Agreement with the Service Provider, as described on the website of the Service Provider, without obtaining the prior written consent of the Service Provider.

7.6 VIOLATIONS. The Service Provider is not liable in case any User violates copyrights or other rights by placing information, which is not the intellectual property of the User, on his/her Babysite. The Service Provider is not involved in such matters. All costs, compensations and fines that result from these matters are at the expense of the User.
In case copyrights or other rights of the User are violated, it is the responsibility of the duped User him/herself to take action towards the violater(s). The Service Provider is not concerned in such matters and will not be involved.



Section 8. Charges and fees

8.1 FEES. For the services of the Service Provider fees are due in accordance with the charges agreed upon.

8.2 AUTHORIZATION OF CHARGES. The User authorizes the Service Provider to charge all fees agreed upon to the User, using the payment method chosen by the User.

8.3 DUE DATE. The fees for the services of the Service Provider are due from the end of the trial period. The trial period commences at the date the Babysite is operationally available. Due fees should be paid in advance within the trial period.

8.4 PAYMENT IN ADVANCE. The Service Provider has the right to ask payment of service charges in advance.

8.5 TAXES. All prices and charges are including all applicable taxes.



Section 9. Payments

9.1 PAYMENT SERVICE PROVIDER. The Service Provider charges the fees due by the User by means of a third party Payment Service Provider. This Payment Service Provider offers a secure Internet environment for processing electronic payments.

9.2 PAYMENT METHODS. When you are charged, you can choose from several payment methods, depending on your location. Possible payment methods are for example: VISA, Mastercard and PayPal. You must be authorized to use the selected payment method. You may choose a different payment method for each invoice.

9.3 LATE PAYMENT. In case the User neglects to pay within the trial period or in case of prolonging the Babysite, before the expirationdate of a Babysite, the Service Provider will de-activate the Babysite. In this case the Babysite will no longer be accessible via the internet. You can still login to access the invoice information and payment section. When, after six weeks, still no payment is received, the Babysite with all User Content will be permanently deleted.

9.4 REFUND POLICY. Unless otherwise provided by law, all charges are non-refundable unless stated otherwise in the Agreement. The costs of any returns will be at the expense of the User.



Section 10. De-activation in case of non-observance by the User

10.1 DE-ACTIVATION. The Service Provider has the right to de-activate the Babysite of the User in case of non-observance of the Agreement by the User.

10.2 RE-ACTIVATION. The Babysite will only be re-activated after fulfilment of the obligations by the User within the period given by the Service Provider.



Section 11. Duration and termination of the Agreement

11.1 START AND DURATION. The Agreement commences at the moment an order is placed. The Agreement has, depending on the order, a duration until 6, 12, 18 or 24 months after the birth of the concerning baby of the Babysite or, in case the baby was already born at the moment of the order, the day after the order. The Agreement will be prolonged automatically when extending the term of your Babysite, until the end of the new term.

11.2 RESTITUTION. It is not possible to cancel the Agreement prematurely to receive restitution of the fees.

11.3 CONTENT BACKUPS. The User him/herself is responsible for backing-up the Content of his/her Babysite in case the Agreement comes to an end through expiring, cancellation, disbanding, or de-activation. At the end of the Agreement, the Service Provider has the right to erase the Babysite of the User and all its Content, and redistribute the discspace on the Server of the Service Provider to new clients.



Section 12. Changes in the Terms of Service, prices and service

12.1 CHANGES. The Service Provider has the right to change the Terms of Service, the services, features, and prices that apply to the Agreement and The Service.

12.2 USER NOTIFICATIONS. There will be no notifications about changes to the Terms of Service or prices to Users. New Babysite features may be announced on the mainsite of The Service and in an email-notification to Users.

12.3 PRICE CHANGE APPLICABILITY. Price changes will only apply to a new contract or contract period. All excisting Agreements will remain in force until the end of the current Agreement. Prolonging an Agreement is subject to the new prices.



Section 13. Limitation of warranties

13.1 DISCLAIMER. The Service Provider disclaims all express and implied warranties with regard to the information, services, and materials contained in The Service. This includes without limitation any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

The Service Provider makes no warranty that
  • The Service will meet your requirements;
  • The Service will be uninterrupted, timely, secure or error-free;
  • the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations;
  • any errors in the software will be corrected.

13.2 OWN RISK. The User expressly understands and agrees that the use of The Service is at his/her own sole risk. All information, services, and materials are provided "as is" and "as available" without warranty of any kind.

13.3 DAMAGES BY MALICIOUS SOFTWARE. All responsibility or liability for any damages caused by malicious software like viruses and such, contained in material or Content downloaded or otherwise obtained through the use of The Service, is disclaimed.

13.4 LOSS OF DATA. The Service Provider is not responsible for any loss of data resulting from the Service Provider deleting data or from network or system failure, file corruption, effects of malicious software or any other reasons.



Section 14. Limitation of liability

14.1 USER LIABILITY. The User is liable for all damages to the Service Provider, caused by wrongful actions for which the User is accountable, or negligence, or non-observance of the obligations of the Agreement, or the violation of the Terms of Service.

14.2 USER LINKS. The User is fully responsible for placing hyperlinks that link to other websites. In this case the User is bound to the privacy statements of the concerning websites and aknowledges that the Service Provider has no influence to the content and policies of these websites.

14.3 MISCOMMUNICATIONS. In the communications between User and Service Provider, the Service Provider is in no possible way responsible for misunderstandings, delays or not receiving, or lack of clarity in messages caused by the use of internet, email or any other means of communication.

14.4 SERVICE PROVIDER LIABILITY LIMITATIONS. The Service Provider will not, in any case, be liable for any form of damage, direct and/or indirect, in any way caused by or arisen from:
  • the use the websites of the Service Provider or the Babysite of the User;
  • inaccessibility of The Service due to technical causes;
  • not meeting up to expectations about quality of The Service or the individual Babysite as described in folders, editorials, on the websites of the Service Provider or in other written material;
  • individual Babysites that can't be accessed due to a possibly wrongly provided URL and/or emailaddress to the User of the Babysite;
  • incorrect, incomplete or non-current information on the Service Provider's website;
  • the illegal use of the systems of the Service Provider, including The Service, by third parties;
  • the accidental loss of User Content;
  • unauthorized access to the Babysite;
  • statements or conduct of any third party on The Service or a Babysite;
  • Content placed by a User;
  • Content placed by third parties, used for unknown or unauthorised purposes.

14.5 FAULT OR INTENT. The stated limitations of the liability for direct and/or indirect damage do not apply in case the damage is a consequence of intent or the fault of the Service Provider or one of its subordinates.



Section 15. Indemnity

15.1 INDEMNIFICATION. The User fully indemnifies the Service Provider for all possible claims and/or compensations, including reasonable attorneys' fees and other legal fees and costs, made by the User him/herself and/or any third party due to or arising from his/her Babysite, his/her violation of the TOS, or his/her violation of any rights of any other.



Section 16. Circumstances beyond control and special circumstances

16.1 CIRCUMSTANCES BEYOND CONTROL. The Service Provider is not bound to fulfil any obligation towards the User in case he is obstructed by circumstances beyond his control.

16.2 EXAMPLES. Examples of circumstances as meant in this section are amongst others the not functioning of the host-server of the websites of the Service Provider, failure in internet traffic, malfunction caused by spamming of the website of the Service Provider, a disturbance in the functioning of the company, electricity failure, disturbances in the computernetwork employed by the Service Provider, delay in transportation, a strike or the not delivering (in time) by providers/suppliers.

16.3 FAULTS. Faults in product information or prices are explicitly reserved and cannot be objected to the Service Provider.



Section 17. Applicable law

17.1 APPLICABLE LAW. Dutch law is applicable to an Agreement between User / Member and Service Provider.

17.2 SETTLEMENT. Wherever possible, parties will try to settle a dispute by mutual agreement.



Section 18. Conclusions

18.1 CHANGES TO AGREEMENT. No amendments or changes to an Agreement shall be effective unless made in writing and signed by authorized representatives of the parties.

18.2 TRANSFER OF AGREEMENT. Transferring rights and obligations from the Agreement to a third party are only possible with the permission of that third party.