In consideration for Blue Box Opco LLC, d/b/a Infantino (“Infantino” or “we,” “our” or “us”) permitting any and all users (“you” or “Participant”) to create, upload, display, publish and/or submit text, comments, images, product reviews, testimonials, messages, memes, feedback, responses, sounds, photos, music, videos, audio files, information, suggestions, or other content mentioning or otherwise featuring Infantino’s name, logo, products, services, social media handle or hashtag, or otherwise mentioning Infantino or related products and services (collectively, “User Content”) and by responding with “#InfantinoYes” to Infantino’s communication to you online or through social media platforms, including, without limitation, Instagram, Twitter, Facebook and TikTok (collectively, the “Social Platform(s)”), you agree to these Infantino User Content Submission Terms and Conditions (“Terms”). When you respond with “#InfantinoYes” to Infantino’s communication to you on a Social Platform, you “submit” your User Content to us and you enter into a binding agreement with Infantino on the terms set forth below:
a. is known by you to be false, deceptive, inaccurate, misleading or deceitful; b. infringes, encourages or depicts the infringement of another party’s rights, including, without limitation, any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; c. violates, encourages or depicts the violation of any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising) or that encourages or depicts conduct that constitutes a criminal offense or may result in civil liability; d. is, or may reasonably be considered to be abusive, defamatory, libelous, indecent, hateful, racially or religiously biased or offensive, slanderous, indecent, obscene, lewd, lascivious, filthy, pornographic, sexually explicit, unlawfully threatening or unlawfully harassing to Infantino or any third party in any way; or that encourages anyone to break any local, state, national or international law; e. is or contains advertising, promotional material or promotes a product, service or other commercial activity (other than Infantino), including any “junk mail,” “chain letter” or “spam” or any other similar solicitation; f. includes, demonstrates or encourages the misuse of a product or a hazardous situation; g. impersonates or attempts to impersonate Infantino or any of its employees, another user, or person or entity (including, without limitation, the use of e-mail addresses associated with any of the foregoing); h. includes any information that references other websites or personally identifiable information (e.g., first and last name, addresses, email addresses, contact information or phone numbers); i. contains any computer viruses, Easter eggs, worms, bots, Trojan horses, spyware or other potentially damaging malware, technologies, computer programs or files or malicious code that could impact the operation of the Social Platforms or any computer or other device; j. includes the submission of an idea or suggestions of new products; k. sells a product or service of any type, including advertisements of any kind, including competitor advertisements, item sales, pricing, promotions, solicitation, or self-promotion; l. was created or posted by anyone under the age of eighteen (18) or twenty-one (21) as applicable; m. makes medical claims or discusses medical conditions; n. is off-topic or irrelevant; o. is unintelligible; p. includes another person’s personal information (e.g., don’t post other people’s phone numbers, email addresses, mailing addresses, or other personal information); or q. is otherwise objectionable or inappropriate.
Additional Guidelines for Customer Reviews: The following guidelines apply to User Content that constitutes a review of a Infantino product or service (a “Review”), and these additional guidelines shall apply in the event that your User Content is a Review:
a. Reviews may only be of products or services sold by Infantino and you must be a bona-fide user of the Infantino product or service that you reference in your Review; b. Reviews must be appropriate to the forum. For example, Reviews aren’t the place for rants about political ideologies, Infantino’s employment practices, extraordinary circumstances, or other matters that don’t address the Infantino product or service you are reviewing; c. Reviews should reflect your genuine experience with Infantino’s products and services and be a true and accurate reflection of your honest experience(s), view(s), finding(s), belief(s) and opinion(s) based on your personal use of the Infantino product/service you are reviewing; d. Don’t post fake Reviews, don’t post the same Review multiple times, and don’t post Reviews for the same product or service from multiple accounts; e. Reviews should reflect your first-hand experience, not what you heard from someone else, or what you saw in the news. Tell your own opinion without resorting to broad generalizations and conclusory allegations; f. Make sure your Review is factually correct. Feel free to express your opinions, but don’t exaggerate or misrepresent your experience; g. Reviews should not make any product performance or attribute claims about Infantino products or services; h. If you received an Infantino product or service from Infantino for free (as a gift from us or otherwise) (a “Gift”), in order to comply with your obligations set forth in the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (see http://ftc.gov/os/2009/10/091005revisedendorsementguides.pdf) (the “Guides”), your Review must contain a disclosure of the fact that you received the Gift free of charge from Infantino (the “Disclosure”). Such Disclosure must be prominent, clear and conspicuous and communicated in a way that a reader of your Review is likely to notice and understand. It’s not too complicated – it should just be straightforward and upfront. Here are a couple of examples of how this Disclosure can be made very easily and simply:
• “I accepted a free [insert description of item(s) received] from Infantino in connection with my review.” • “Thanks Infantino for the free [insert description of item(s) received] and I think…”
i. We may restrict your ability to submit or post a Review when we detect unusual reviewing behavior, or to maintain the best possible shopping experience; and j. If your Review is removed or rejected because it does not comply with these Terms, you may not resubmit a Review on the same product or service, even if the resubmitted Review includes different content.
If you submit User Content that Infantino believes violates these Terms, then we reserve the right, but have no obligation, to take any legally available action that we deem appropriate, in our sole discretion, including, without limitation, editing, removing, deleting, taking down or otherwise erasing your User Content, at any time, without notice for any reason whatsoever. However, we are not obligated to take any action not required by law. We are not responsible or liable for the conduct or content of any Participant. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Please exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities. For purposes of certainty, Participant may not make any commercial, or any other, use of User Content submitted without Infantino’s prior written approval. Infantino reserves the right, in its sole and absolute discretion, to not utilize any User Content.
Maintain Appropriate Rights in Your User Content: With respect to all User Content that you submit to us, you represent and warrant that the material is either fully original to you or that you have all the necessary rights, licenses, permissions, clearances and consents needed from third parties in order for you to submit your User Content (including, but not limited to, all copyright and right of publicity and privacy rights) for you to comply with these Terms. Your User Content should not contain any visible logos, phrases, or trademarks that belong to third parties (other than Infantino). Do not use any User Content that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet or other source. If anyone contributes to your User Content or has any rights to your User Content, or if anyone appears in the User Content, then you must also have their permission to submit such User Content to Infantino. (For example, if someone has taken a video of you and your friend, and you submit that video to Infantino as your User Content, then you must obtain your friend’s and the videographer’s permission to do so.) We may require, at any time, proof of the permissions referred to above in a written form acceptable to us. Failure to provide such proof may lead to, among other things, such User Content being removed from the Campaign (defined below).
Non-Confidentiality of Your User Content: You agree that: (a) your User Content will be treated as non-confidential—regardless of whether you mark them “confidential,” “proprietary,” or the like—and will not be returned; and (b) Infantino does not assume any obligation of any kind to you or any third party with respect to your User Content. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User Content may not be secure, and you will consider this before submitting any User Content and do so at your own risk.
No Unsolicited Submissions: Please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for toys, parenting products, music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the Social Platforms are deemed User Content and licensed to us as set forth in these Terms. In addition, Infantino retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Infantino’s receipt of your Unsolicited Ideas and Materials is not an admission by Infantino of their novelty, priority or originality, and it does not impair Infantino’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials. Each Participant acknowledges that other participants may have created ideas and concepts contained in their User Content that may have familiarities or similarities to his/her own User Content, and that he/she will not be entitled to any compensation or right to negotiate with Infantino because of these familiarities or similarities. Notwithstanding any custom and practice to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate entrants for their User Content and there is no obligation for Infantino to pay or otherwise compensate Participants for any of their ideas or materials in any communications with Infantino, whatsoever.
Must Be the Age of Majority to Participate: By submitting your User Content, you confirm that you are at least the age of majority in your state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi).
Participant’s Grant of a Non-Exclusive License to Infantino for Use of User Content and Name and Likeness Rights: Participants retain ownership of his/her User Content (but excluding the Infantino Content (defined below)), and grant Infantino a non-exclusive license as further detailed below. As consideration for the possibility of publicity and use of any Infantino Content or content tools for purposes of developing Participant’s User Content (“Content Tools”), upon Participant’s submission of User Content, Participants irrevocably grant to Infantino, and each of its licensees, sublicensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit Participant’s User Content, and all code, content, and other materials depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, streaming media, film, television, CDs, print, interactive devices, mobile media, Internet and online systems), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and to synchronize it with audiovisual materials and to otherwise use and exploit it. Infantino and its successors, assigns, licensees and sublicensees (which sublicensees may, include, without limitation, other Participants), will have the right to make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited, multiple-level sublicenses with no obligations to you, whether financial, credit, approval of changes or otherwise. Without limiting the forgoing, Infantino will have the right to use all literary materials and other intellectual property contributed by Participant to User Content, including, without limitation, the characters, and all other images depicted therein, in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose with no financial or other obligations to Participants. Participants hereby forever waive and relinquish all so-called “moral rights (droit moral)” now or hereafter recognized. Participants also irrevocably grant Infantino the right to use their name, username, social media handle(s), profile picture, voice, likeness and biographical material in connection with any and all Infantino advertising and promotional campaigns, including, without limitation, on the Social Platforms or in connection with Infantino products and marketing materials (the “Campaign”) and User Content, and derivative works thereof, including, without limitation, in credits (which said credit(s), if any, will be at Infantino’s sole discretion, provided Infantino otherwise makes good faith efforts to comply with any third party platform’s display requirements), advertising, publicity and exploitational material. Participants agree that neither Infantino nor its or their agents shall be responsible for return or preservation of User Content submitted or any elements thereof. In addition, Participants agree that Infantino shall have the sole discretion in determining the extent and manner of the use of the User Content, and all elements thereof, in whole or in part, and that Infantino is not obligated in any way to use or exploit the User Content or anything else granted herein or any portion thereof in any medium or any manner. Participants agree that all goodwill that arises in connection with your use of Infantino trademarks inures exclusively to Infantino and you agree not to challenge Infantino’s ownership or control of any Infantino trademarks, nor use or adopt any trademarks that might be confusingly similar to such Infantino trademarks.
Infantino’s Grant of a Non-Exclusive License to Participants to Use Infantino Content in Connection with Participant’s Development of User Content: Participants are granted a non-exclusive, revocable, limited license to use such content as specifically made available for Participant’s use (“Infantino Content”) for the sole purpose of the development, submission and use of Participant’s User Content. For purposes of certainty, Participant may not make any commercial, or any other, use of Infantino Content. Participant shall have no right to assign or sublicense such licensed rights except insofar as necessary to permit third-party websites and online services to post or distribute Restricted Content (defined below) to the extent permitted in Section 8 below. Such license shall automatically terminate, without the need of notice, upon any other use or any breach of these Terms or any other restrictions posted by Infantino in connection with the Social Platforms. The license under this Section 7 may be further revoked at any time by Infantino without the need to give any reason.
Infantino’s Grant of a Limited License to Participants to Engage in Viral Content Distribution of Restricted Content: Infantino grants Participants the limited, revocable permission to engage in Viral Content Distribution of User Content that includes any Infantino Content or that was created using any Content Tools (“Restricted Content”) but no other use or distribution is permitted except as otherwise provided on the advertising materials explaining the Campaign (if any/applicable). “Viral Content Distribution” means the following for non-commercial purposes only: (a) sending Restricted Content to friends and personal acquaintances at no charge by e-mail or other forms of digital delivery in compliance with all laws and without violating any other party’s rights or Participants’ obligation to any such other party (e.g., third party website or service provider terms of use); (b) reproducing a single copy of Restricted Content for non-commercial personal use on a single computer; and (c) posting and displaying a copy of Restricted Content on a personal website or on a third party website that permits posting of content at the direction of users subject to its terms and conditions, provided that such third party website does not charge for access to the Restricted Content or associates products, services or advertising with the Restricted Content. The license to engage in Viral Content Distribution of Restricted Content shall automatically terminate when the Campaign is over, or earlier, without the need of notice, upon any other distribution or any breach of these Terms or any other restrictions posted by Infantino in connection with the Social Platforms. The license under this Section may be further revoked at any time by Infantino without the need to give any reason. For purposes of certainty, if the license to the use of Infantino Content terminates or is revoked, the license to engage in Viral Content Distribution (or any other permission to use or distribute the Restricted Content that contains Infantino Content) automatically terminates without the need for notice.
Representations and Warranties; Indemnity: Participant hereby represents and warrants that his or her User Content (excepting any Infantino Content furnished to Participant by Infantino with permission to be used in connection with the creation of User Content hereunder): (i) is wholly original with Participant or that Participant maintains all the necessary rights, licenses, clearances, permissions and consents needed from third parties in order to submit the User Content to Infantino for Infantino’s use for advertising and other commercial purposes; (ii) Participant has obtained express written permission from everyone who took, or is appearing in, User Content; (iii) is not a copy or imitation of any other material; (iv) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity; and (v) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Participant further represents and warrants that he or she has the right to execute and fully perform these Terms and that Participant is of the age of majority in their state of residence. Participant further represents and warrants that there are no performing rights societies or collective bargaining organizations, unions or guilds that has jurisdiction over any User Content. If Participant posts a Review of a product that they received from Infantino as a Gift, Participant represents and warrants that they have read and will fully comply with the Guides when submitted or posting the Review on the Site or elsewhere. Further, and without limitation, in such instance Participant will: (i) clearly and conspicuously disclose their true identity and that they have received free product and/or other incentive items from Infantino (as applicable) proximate to any mention by Participant of Infantino; (ii) will not make any false, misleading or deceptive statement about Infantino’s products or services; and (iii) will ensure that all statements accurately reflect only Participant’s honest, current opinions and beliefs based on Participant’s personal experience. Participant will defend, indemnify and hold Infantino, its affiliated entities and brands, any social media platform where you submitted your User Content, their parent companies, and each of their respective successors, assigns and licensees, harmless from and against: (a) any claims, costs, injuries, losses and damages related to any unauthorized use of the Infantino Content, Content Tools; (b) any actual or alleged breach by Participant of these Terms; and (c) failure of Participant to comply with applicable laws, rules and regulations, including, without limitation, the Guides.
Disclaimer of Warranty; Limitation of Liability: We provide the Infantino Content for you to interact with us and with our other Infantino fans, and to provide you with information about us and our products. While we strive to provide Infantino Content that is accurate and complete, under no circumstances will we be liable for any loss or damage caused by your reliance on information in any Infantino Content (or User Content). It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other Infantino Content made available by us.
ALL CONTENT AND SERVICES, WHETHER PROVIDED BY INFANTINO, ITS LICENSORS, ITS VENDORS OR ITS USERS, AND OTHER INFORMATION ON OR ACCESSIBLE IN CONNECTION WITH THE CAMPAIGN AND/OR THE SOCIAL PLATFORMS OR OTHER WEBSITE(S) ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, INFANTINO DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE IS FREE OF ERRORS; (ii) THE FUNCTIONS OR FEATURES (INCLUDING, BUT NOT LIMITED TO, MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF USER CONTENT) WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE SOCIAL PLATFORMS, OR THE SERVER(S) THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL INFANTINO, ITS LICENSORS, VENDORS, DEALERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF OR RELATING TO THESE TERMS, THE SOCIAL PLATFORMS OR THE CAMPAIGN, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE
A. Overview of Dispute Resolution Process. Infantino is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two (2)-part process: (i) an informal negotiation directly with Infantino’s customer service team; and (ii) a binding arbitration administered by the American Arbitration Association (“AAA”).
B. Pre-Arbitration Dispute Resolution and Notification. In the event a dispute arises out of or relates to these Terms or User Content, you and Infantino, in good faith, agree to first attempt to resolve the dispute between ourselves through informal direct discussions prior to the initiation of arbitration. If, after a good faith effort to negotiate, either you or Infantino feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules (as defined below).
C. Agreement to Arbitrate. In the event we cannot resolve a dispute through direct informal discussions, you and Infantino (collectively, the “Parties”) mutually agree that any dispute, claim, counterclaim, or controversy arising out of or relating to these Terms—including the applicability, breach, termination, validity, enforcement or interpretation thereof—or the submission of User Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a Dispute, the Parties mutually agree that the arbitrator will decide this issue.
D. Exceptions to Arbitration Agreement. The Parties mutually agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (ii) any claim seeking emergency injunctive relief based on exigent circumstances. Filing of claims subject to these exceptions shall not be deemed a waiver of either your or Infantino’s right under the Arbitration Agreement to have all other Disputes determined by individual arbitration in accordance with the terms of the Arbitration Agreement.
E. Arbitration Rules and Governing Law. This Arbitration Agreement shall be governed by the Federal Arbitration Act. The arbitration will be administered by the AAA in accordance with the AAA Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at https://www.adr.org/consumer or by calling the AAA at 1-800-778-7879.
F. Jury Trial Waiver. The Parties acknowledge and agree to waive the right to a trial by jury as to all arbitrable Disputes.
G. No Class Actions or Representative Proceedings. The Parties acknowledge and agree, to the fullest extent permitted by law, to waive the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, collective action, private attorney general action, or any other representative proceeding as to all Disputes. Unless the Parties both otherwise agree in writing, the arbitrator may not consolidate or join the claims of other persons or parties, or otherwise preside over any form of class, collective, or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “collective action” waiver or the “private attorney general action” waiver or the “representative proceeding” waiver in this paragraph is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and the Parties agree that any collective claims and private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.
H. Governing Law/Venue. THESE TERMS AND THE INTERPRETATION OF THESE TERMS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. Judicial proceedings that are excluded from the Arbitration Agreement above must be brought in state or federal court in San Diego County, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Diego County, California. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THIS CAMPAIGN MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
Right to Investigate/Cooperation with Law Enforcement: Infantino reserves the right, without any limitation, to: (i) investigate any suspected breaches of its information technology, websites or other systems or networks, (ii) investigate any suspected breaches of these Terms, (iii) investigate any information obtained by Infantino in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, and (v) prosecute violators of these Terms. The provisions of these Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Infantino in these Terms.
Consent to Terms; Updated Terms: You agree to comply with: (i) all applicable laws, rules and regulations in connection with your submission of User Content; (ii) all applicable Instagram, Facebook, TikTok and/or such other social network, geolocation service or mobile environment terms, rules, policies and guidelines; and (iii) these Terms. You also consent to the Infantino Privacy Policy (https://infantino.com/pages/privacy-policy). Your submission of User Content will be deemed express acceptance and compliance with these Terms and with the Infantino Privacy Policy (https://infantino.com/pages/privacy-policy). Infantino reserves the right to modify these Terms, at any time, with or without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by sending you a message that includes a link, and that your continued submission of User Content after we post the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms.
Severability; Interpretation: If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.