Welcome to Babel. Babel and/or its affiliates ("Babel") provide website features and other products and services to you when you visit or shop at Babel, use Babel products or services, use Babel applications for mobile, or use software provided by Babel in connection with any of the foregoing (collectively, "Babel Services"). Babel provides the Babel Services subject to the following conditions.
By using Babel Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Babel Services, and sometimes additional terms may apply. When you use an Babel Service (for example, Your Profile, Vipleyo.com, or Mobi App) you also will be subject to the guidelines, terms and agreements applicable to that Babel Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
When you use any Babel Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Babel Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Babel Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Babel or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Babel Service is the exclusive property of Babel and protected by U.S. and international copyright laws.
Click here to see a non-exhaustive list of Babel trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Babel Service are trademarks or trade dress of Babel in the U.S. and other countries. Babel's trademarks and trade dress may not be used in connection with any product or service that is not Babel's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Babel. All other trademarks not owned by Babel that appear in any Babel Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Babel. One or more patents owned by Babel apply to the Babel Services and to the features and services accessible via the Babel Services. Portions of the Babel Services operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Babel or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Babel Services. This license does not include any resale or commercial use of any Babel Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Babel Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Babel or its licensors, suppliers, publishers, rights holders, or other content providers. No Babel Service, nor any part of any Babel Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Babel. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Babel without express written consent. You may not use any meta tags or any other "hidden text" utilizing Babel's name or trademarks without the express written consent of Babel. You may not misuse the Babel Services. You may use the Babel Services only as permitted by law. The licenses granted by Babel terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any Babel Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Babel does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Babel Services only with involvement of a parent or guardian. Alcohol listings on Babel are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Babel reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Babel reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Babel a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Babel and sub-licenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Babel for all claims resulting from content you supply. Babel has the right but not the obligation to monitor and edit or remove any activity or content. Babel takes no responsibility and assumes no liability for any content posted by you or any third party.
Babel respects the intellectual property of others.
RISK OF LOSS
All items purchased from Babel are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Babel does not take title to returned items until the item arrives at the vendor. At our discretion, a refund may be issued without requiring a return. In this situation, Babel does not take title to the refunded item.
Babel attempts to be as accurate as possible. However, Babel does not warrant that product descriptions or other content of any Babel Service is accurate, complete, reliable, current, or error-free. If a product offered by Babel itself is not as described, your sole remedy is to return it in unused condition.
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Babel and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on Babel.
With respect to items sold by Babel, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Babel is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
Parties other than Babel operate stores, provide services, or sell product lines through the Babel Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Babel does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE BABEL SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BABEL SERVICES ARE PROVIDED BY BABEL ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BABEL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BABEL SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BABEL SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BABEL SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BABEL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BABEL DOES NOT WARRANT THAT THE BABEL SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BABEL SERVICES, BABEL'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BABEL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BABEL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY BABEL SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY BABEL SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
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.
Any dispute or claim relating in any way to your use of any Babel Service, or to any products or services sold or distributed by Babel or through Babel will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Babel will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Babel Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Pennsylvania, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Babel.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Babel Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
1. Use of the Babel Software. You may use Babel Software solely for purposes of enabling you to use and enjoy the Babel Services as provided by Babel, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Babel Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Babel Software or otherwise assign any rights to the Babel Software in whole or in part. You may not use the Babel Software for any illegal purpose. We may cease providing any Babel Software and we may terminate your right to use any Babel Software at any time. Your rights to use the Babel Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Babel Software that are specifically identified in related documentation may apply to that Babel Software (or software incorporated with the Babel Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Babel Service is the property of Babel or its software suppliers and protected by United States and international copyright laws.
3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Babel Software, whether in whole or in part, or create any derivative works from or of the Babel Software.
4. Updates. In order to keep the Babel Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
5. Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Babel Software. If you are a U.S. Government end user, we are licensing the Babel Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Babel Software are the same as the rights we grant to all others under these Conditions of Use.