Terms and Conditions

This Agreement was last revised on 5/3/2012.

This section explains the terms and conditions of use of the Summer Infant Internet Baby Monitor System, the application, website, and online service of Summer Infant, Inc. (“Summer”). In particular, this section sets forth the terms that you may use this website and any other mobile or web or software applications provided by Summer (collectively referred to as the “Services”). By accessing or using the Services, you acknowledge that you have read, understand, and agree to be bound by this Terms and Conditions Agreement (“Agreement”), whether or not you are a registered user of the Services.

Summer reserves the right to amend this Agreement at any time and without notice. If Summer amends this Agreement, Summer will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms and Conditions.  You are required to agree to these terms or any future Terms and Conditions in order to access (or continue to access) the Services.  This Agreement applies to all visitors, users, and others who access the Services (“Users”).

Use of Our Service

The Summer Infant Internet Baby Monitor System is the first of its kind in ease of use and accessibility to your baby on-line. The simple plug n’ play design allows any technology novice to easily set up the system in their home and have full access to their baby via the internet in just minutes.  The owner simply activates their system and assigns a secure and private username and password.  Great for working parents and to share with friends and relatives!  Free Smartphone App available that works with iPhone, Android, and Blackberry.

In order to use the Services, you will need to register with Summer and create a “User” account. A User account will provide you with access to the Services.

No more than three (3) individuals may access a User Account at any time. A User is prohibited from accessing another User’s account without the product’s owner’s username and password. User agrees to provide true, accurate, current and complete information about User in all fields of the registration form.

User is solely responsible for the activity that occurs on User’s account, and User must keep his or her account password secure.  User is solely responsible for the sharing of his or her User password. Summer is not responsible for unauthorized access to a User account.  User may change his or her password at any time.

Summer reserves the right to terminate your account if we learn that you have provided false or misleading registration information.

By providing Summer your email address you consent to our using the email address to send you Services related notices, including any notices required by law, in lieu of communication by postal mail notices regarding your internet viewable services. Summer may also use your email address to send you other messages, such as newsletters, changes to features of the Summer website, or special offers. After receiving any special offers or newsletters, you may unsubscribe to receiving future communications. By unsubscribing you will not receive email messages regarding special offers. You will, however, still receive information regarding required service updates, improvements, and changes in terms and conditions.

Services are subject to change at Summer’s sole discretion. Summer reserves the right to interrupt the Services with or without prior notice for any reason or no reason. You agree that Summer will not be liable to you for any interruption of the Services, delay or failure to perform.

User understands and agree that it is solely responsible for any content that User transmits, or otherwise make available or access through your use of the Services. User understands that voice and images made available through the Services may be accessed by others if your username and password information has been distributed by product owner.  As a result, User may not have an expectation of privacy while the monitor is activated.

Summer shall not be liable for any damages you allege to incur as a result of the use of the Services and Summer expressly disclaims any and all liability in connection with such Services.

Summer Infant recommends that customers view their child on their smartphone or tablet using a WiFi connection to avoid incurring additionally monthly charges associated with exceeding your mobile providers monthly data allowance plan. User is solely responsible for any and all internet or data access charges.

Our Proprietary Rights

The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music (the “Summer Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Summer and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Use of the Summer Content or materials on the Services for any purpose not expressly permitted by this Agreement is strictly prohibited.

Eligibility

The Services are intended solely for Users who are eighteen (18) years of age or older, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement,  and any registration, use or access to the Service by anyone under eighteen (18) is strictly prohibited and in violation of this Agreement.

This Service is not available to any Users previously removed from the Service by Summer.

Privacy

Click here to view our Privacy Policy. By using the Services, you are consenting to have your personal data collected, used, transferred to and processed in the United States.

Security

Summer has implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, Summer cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes.

You acknowledge that you provide your personal information and the use of Services at your own risk.

Additional Representations and Warranties

You shall be solely responsible for your use of the Services. In connection with your use of the Services, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:

  1. You are at least eighteen (18) years of age and have not been previously removed from the Services.
  2. The transmission of video and voice through the Services complies with all applicable laws, rules, and regulations, including without limitation privacy laws.

Indemnity

You agree to defend, indemnify and hold harmless Summer and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

  1. your use of and access to the Services, including any content transmitted or received by you;
  2. your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above;
  3. your violation of any third-party right, including without limitation any right of privacy,
  4. your violation of any law, rule or regulation of the United States or any other country;
  5. any claim or damages that arise as a result of any of your use of the Services; or
  6. any other party’s access and use of the Services with your unique username, password or other appropriate security code.

No Warranty

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES AREA YOUR OWN RISK. USERS UNDERSTAND AND AGREE THAT THE SERVICES ARE NOT INTENDED TO BE USED FOR SECURITY PURPOSES. THE SERVICES TO BE PROVIDED FOR ENTERTAINMENT PURPOSES ONLY. THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,. WITHOUT LIMITING THE FOREGOING, SUMMER DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

SUMMER IS NOT RESPONSIBLE FOR ANY WIRELESS ROUTER FAILURE OR INTERRUPTION IN THE USER’S CABLE OR INTERNET SERVICE DUE TO USER’S CABLE OR INTERNET SERVICE PROVIDER OR DUE TO POWER OUTAGES OR OTHER EVENTS THAT MAY AFFECT OR LIMIT USER’S ABILITY TO USE THE SERVICES DISTRIBUTED BY USER’S CABLE OR INTERNET SERVICE PROVIDER.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUMMER, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL SUMMER BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUMMER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

  1. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES;
  2. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
  3. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY;

IN NO EVENT SHALL SUMMER, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO SUMMER HEREUNDER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SUMMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

General

A. Governing Law. This Agreement shall be governed by and construed in accordance with the internal law of the State of Rhode Island without regard to its conflict of law principles.  User hereby consents to the jurisdiction of the courts of the State of Rhode Island as well as to the jurisdiction of all courts from which an appeal may be taken from such courts, for the purpose of any suit, action or other proceeding arising out of any of their obligations arising hereunder or with respect to the transactions contemplated hereby, and expressly waive any and all objections they may have as to venue in any of such courts.

B. Notification Procedures. Summer may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Summer in our sole discretion. Summer reserves the right to determine the form and means of providing notifications to our Users, provided that you may unsubscribe from certain means of notification as described in this Agreement.

C. Entire Agreement/Severability. This Agreement, together with any other legal notices and agreements published by Summer via the Service, shall constitute the entire agreement between you and Summer concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

D. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Summer’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

E. Headings. The heading references herein are for convenience purposes only, do not constitute a part of the terms, and will not be deemed to limit or affect any of the provisions hereof.

 

Summer Infant stands behind all of its products. If you are not completely satisfied, have any questions regarding your product, or if you have concerns about nudity, pornography, harassment, unwelcome contact, fraud, or other inappropriate activity when using this product, please contact our Consumer Relations Team at 1-800-268-6237 or www.summerinfant.com/contact.

For Europe Call +44 (0) 208 420 4429 or custserviceuk@summerinfant.com

For Canada Call 905-848-2424, 1-800-268-6237 or www.summerinfant.com/contact.

Summer Infant has established processes to ensure compliance with all applicable laws, rules, and regulations when dealing with a complaint.

Summer Infant customer service will acknowledge the receipt of any complaint about inappropriate conduct or activity within 24 hours and will promptly (within three (3) business days) provide an explanation of the steps that will be taken to address the complaint.