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The Nest Terms of Use

The Nest is here to inform, educate, entertain, and support parents and to-be parents everywhere, during their crazy, hectic, and joyful family growth period (and beyond), through our interactive forums on the World Wide Web. This Terms of Use may be updated from time to time without notice to you. Here are a some issues we would like you to be aware of before using The Nest website, the services offered by The Nest or through The Nest website, and any parts or sections thereof including but not limited to www.thenestbaby.com web content, message boards, vendor contact forms, member profile information, member-personalized databases and information, folders, posts, messages, photos, blogs, and graphics (hereinafter referred to as "our Area(s)", "Area(s) of The Nest", "The Nest Area(s)" or "Area(s)"). You understand and agree that our Area is provided "AS-IS" and that The Nest assumes no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to our Area. Nor does The Nest assume any liability for the failure to store or maintain any user communications or personal settings.

  1. In consideration of your visiting and using our Area, you represent that you are able to form a binding contract. You also agree to that any information you provide about yourself is accurate and complete information at the time provided. You agree to timely update any information provided to The Nest t to keep it accurate and complete. Failure to accurately and completely provide, and timely update, information about yourself is reasonable grounds for The Nest to suspend or terminate your account and refuse you service in the future.

The Nest is concerned about the safety and privacy of all its moms, moms-to-be, dads, dads-to-be and other users including children. Please remember that The Nest Area is designed to inform, educate, entertain, and support parents-to-be and their families, and as a result has a diverse audience. Accordingly, it is the responsibility of legal guardians (moms and dads) to determine whether any parts of our Area are appropriate for your child.

In addition to this Terms of Use, when using a particular Area of The Nest, you are also bound by the posted guidelines and rules for that particular Area.

  • Information and data provided by you are subject to our Privacy Policy. This policy, as updated from time to time, may be found at http://www.thenest.com/global/privacy.html.

  • Certain names, logos, and/or phrases in our Area may constitute trademarks an/or copyrights of The Nest or its clients. The mark "The Nest" and the contents of this Website Area are the sole property of The Knot Inc. Reproduction in whole or in part is strictly prohibited without the expressly written permission of The Knot.

  • All of the writing in our Area is the copyrighted property of The Knot Inc., and is protected as such. None of the material may be reproduced without our written permission, with the exception of downloading or printing a single copy for yourself (and, of course, your fiance and bridal party!). This copyright extends from original Nest Baby material, to the raw compilations of posts in our folders, to any edited and filtered compilations of posts that we may sell and distribute. The right to download and store or output the materials found on The Nest is granted for viewing use only. Materials may not be reproduced in any form. Any reproduction or editing by any means mechanical or electronic without the explicit written permission of The Nest is expressly prohibited.

    The Nest reserves the right to republish any material contributed by our readers. By posting a message, a subscriber expressly grants the right to The Nest to republish or sell the message as part of any edited compilation such as The Daily Poop or Nest Baby News. Material that is copyright protected may not be submitted without permission from the copyright owner. Since there are many thousands of possible sources spread out across the Internet, it is impossible for us at The Nest to know if a posting represents a copyright infringement. Please remember you are responsible for the material you submit to The Nest, including taste, reliability, originality and copyright. Author(s) may be held legally responsible for copyright infringement, defamation or invasion of privacy, as well as any damages arising out of actions resulting from materials submitted by you and posted by The Nest. You are responsible for ensuring that your message or posting does not violate any extant copyrights. If you believe that your copyrighted material has been posted to The Nest without permission, please see http://www.theknot.com/au_copyright.shtml for our policies regarding its removal. The Nest will have a nonexclusive global license to publish the content submitted by users and contributors within The Nest. The Nest will also have global nonexclusive adaptation and resale rights over any content and material submitted by users and contributors within The Nest's World Wide Web sites. These nonexclusive publishing license and resale/adaptation rights extend to any materials submitted "for publication" within The Nest, including both message board postings and content submitted to The Nest for uploading and subsequent publishing within non-message board Areas. The Nest and The Nest's staff are not and will not be responsible for any misleading, false, or otherwise injurious information and advice communicated in our Area or for any results obtained from the use of such information or advice. The Nest will not be liable for any loss or damage suffered by a user through the user's reliance on information and advice gained in this Area. (Sounds serious, right? We don't mean to scare you! It's just physically impossible for us to control forums such as the message boards, and we trust our Nest Baby users' good sense and intelligence to make informed decisions on their own!)

  • Be Careful Out There.

  • Given the interactive nature of the forums, both the salaried staff of The Nest and our users will generate content in the forums. We can control our salaried staff members' contributions; however, we are not able to edit and ensure the accuracy of the content generated by our users, many of whom use anonymous screen names and with whom we have no official relationship.

    Therefore, users of The Nest should handle the information generated by fellow users with common sense caution. There's a lot of great advice on The Nest, but users should consider any information and advice given by other users as a starting point for their own research. The Nest cannot guarantee the accuracy, efficacy, or veracity of any information provided within The Nest galleries, blogs, and forums.

    The Nest cannot guarantee that all content and materials that appear in The Nest Areas is not infringing on any registered or non-registered copyrights. On any given day, potentially thousands of new postings may appear on The Nest's message boards, and it is humanly impossible to verify that each and every one of these postings are free of copyright infringement. (We wish we could! We wish we had a huge staff who could do everything we want and need, but alas, 'tis impossible!)

    THE INFORMATION AND SERVICES PROVIDED BY OR ON The Nest (INCLUDING BY THE KNOT OR BY ANY THIRD PARTY) ARE INTENDED FOR EDUCATIONAL PURPOSES ONLY. SUCH INFORMATION AND SERVICES ARE NOT INTENDED TO, AND DO NOT, CONSTITUTE MEDICAL OR HEALTHCARE ADVICE OR DIAGNOSIS, AND MAY NOT BE USED FOR SUCH PURPOSES. YOU SHOULD ALWAYS CONSULT WITH A QUALIFIED PHYSICIAN OR OTHER HEALTHCARE PROVIDER ABOUT YOUR SPECIFIC CIRCUMSTANCES, INCLUDING BEFORE STARTING ANY TREATMENT, MEDICAL OR OTHERWISE. NO PARTY PROVIDING INFORMATION OR SERVICES ON The Nest IS PROVIDING ANY OTHER PROFESSIONAL ADVICE OR SERVICE.

  • Online behavior requires common sense and basic etiquette. Accordingly, here are some rules that you agree to follow:

    • No strong, vulgar, obscene, or otherwise harmful language.
    • No racially, ethnically or otherwise, objectionable language.
    • No harassing, intimidating, stalking, or threatening other community members.
    • No libelous, defamatory, or otherwise tortiuous language.
    • No online vandalism. This includes using abusive language and repeatedly hitting the return key in the chat room, or otherwise acting in a manner that negatively impacts the ability to engage in real time exchanges.
    • No impersonating any person, including, but not limited to, other community members or employees of The Knot.
    • No posting, distributing, transmitting, or promoting illegal content.
    • No invasion of another's privacy.
    • No actions that are harmful to minors.
    • No manipulation or forging of identifiers in order to disguise the origin of any information posted on The Knot site or otherwise provided to The Knot or its employees.
    • No posting, providing, transmitting, or otherwise making available any information (such as inside, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty, or operation of law.
    • No posting, providing, transmitting, or otherwise making available any junk mail or spam.
    • No posting, uploading, emailing, or otherwise transmitting any material that contains any malicious computer code (including spyware, worms, Trojan horses, viruses, etc.).
    • No posting, providing, transmitting, or otherwise making available any information which violates regulations promulgated by the Securities and Exchange Commission, or that of any securities exchange, such as the New York Stock ExchangeNASDAQ Stock Market.
    • No collecting, storing, or posting of personal data about or of other community members.
    • No soliciting of any kind on the message boards or in the chat room.
  • Content from www.thenestbaby.com, including but not limited to any member profile information such as member names, email addresses, member contact information, or member-personalized wedding-related information, may not be taken from the website and used for any purpose. Names, email addresses and other contact information from member profile information or the pages and postings on this site may not be used by outside vendors or other third parties for purposes of solicitation. Unsolicited emails to our members or to Nest Baby vendors may constitute misrepresentation, misappropriation of The Nest's business name and reputation, unfair competition, and may also violate laws that prohibit unsolicited email, for which The Nest shall be entitled to take appropriate legal action including seeking injunctive relief, an accounting of profits, damages, legal fees and costs. Notwithstanding the foregoing, Nest Baby members may link to this website, but only in strict accordance with the terms and conditions for linking set forth at http://www.theknot.com/au_linkedpartners.shtml.

  • People change, and The Nest does too. The Nest reserves the right from time to time to make modifications and changes to our Area. These modifications and changes may include, but are not limited to, discontinuing, temporarily or permanently, any service offered by, or through The Nest (or any part thereof) with or without notice. You agree that The Nest shall not be liable to you or to any other party for any changes and modifications to our Area.

  • While we hope we stay together forever, you agree that, under certain circumstances and without prior notice, The Nest may terminate your access to The Nest, including purging your member account and any material and information associated with your member account (including your user name, password, registry and profile). Cause for such termination shall include, but not be limited to, violation of the provisions set forth in section 5 of this Terms of Use agreement. You acknowledge and agree that all terminations for cause shall be made in sole discretion of The Nest and that The Nest shall not be liable to you or any other party for the termination of your access to our Area or the purging of any material.

  • YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • YOUR USE OF OUR AREA IS AT YOUR SOLE RISK. THE SERVICES PROVIDED IN OUR AREA ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. The Nest 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.

    The Nest MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET ANY OF YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR FREE FROM ERROR OR OMISSION, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE IN OUR AREA WILL BE USEFUL, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OFFERED IN OUR AREA WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE OPERATION OF AREA INCLUDING THE OPERATION OF ANY SOFTWARE WILL BE CORRECTED.

    ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE IN OUR AREA IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM (OR ANY COMPONENT CONNECTED TO YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD (INTENTIONAL OR OTHERWISE) OF ANY SUCH MATERIAL.

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM The Nest OR FROM ANY SERVICE PROVIDED IN OUR AREA SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

  • YOU EXPRESSLY UNDERSTAND AND AGREE THAT The Nest SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL AND REPUTATION, OR OTHER INTANGIBLE LOSSES. THIS LIMITATION ON LIABILITY APPLIES EVEN IF The Nest HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

  • . And Now Some Legal Mumbo Jumbo...

  • You agree that The Nest may access, maintain, and disclose information you provide to The Nest if required to do so by law or if The Nest, in good faith, believes that such access, maintenance or disclosure is reasonably necessary to: (i) comply with any legal process; (ii) enforce The Nest's Terms of Use; (iii) respond to claims that any material or information posted, provided, transmitted, or otherwise made available by you violates the rights of third parties; (iv) respond to your customer service requests; or (v) otherwise protect the rights and property of The Nest, its vendors, community members, users and the general public.

    You agree to indemnify and hold harmless The Nest, its subsidiaries, affiliates, directors, officers, agents, vendors or other partners, and employees, from any claim or demand, including attorneys' fees, made by any third party due to or arising out of any material or information posted, provided, transmitted, or otherwise made available by you in our Area, or by your use of our Area, or by your violation of The Nest's Terms of Use, or your violation of the rights of another.

    The Terms of Use constitute the entire agreement between you and The Nest and govern your use of our Area and any services offered in our Area. This agreement supercedes any prior terms of use agreements between you and The Nest.

    The Terms of Use and the relationship between you and The Nest shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and The Nest agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, New York.

    You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to this agreement.

    The failure of The Nest to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the other terms and provisions of the Terms of use shall remain in full force and effect.

    You agree that your Nest Baby member account is non-transferable and any rights to your account or contents within your account terminate upon your death.

    You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of any services provided in our Area or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    The section titles and other headings in the Terms of Use are for convenience only and have no legal or contractual effect.