Last updated on March 4, 2023

Establishes Our general guidelines for appropriate use, and serves as a legally binding agreement (i.e., terms and conditions) between You (i.e., “You”, “Your”, “User”, “Guest”, “Customer”, “Account holder”, “Event-participant”, “Community-member”, “Patron”, and/or “Affiliate”) and Fumix Limited Liability Company (i.e., “Us”, “We”, “Our”, and “Trending Babies USA”).

• If you enter into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such business/entity to this agreement, in which case “you” and its terms shall refer to such business/entity.
• If you do not agree to the terms/conditions of this agreement or do not have the authority to bind such business/entity, you must not accept this agreement and may not access and use any components of our Platform.
• If you access and use our Platform, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this agreement. You further acknowledge this agreement is a legally binding agreement/contract between you and us and governs your use of our Platform, even though it is an electronic confirmation and not physically signed by you.
• This Policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.

Welcome to Our Trending Babies USA Fashioning Community and Platform! Whether this is Your first time visiting Us or You are one of Our prized patrons, we sincerely value You and appreciate Your support. We work hard to be Your favorite go-to source for reliable, high-quality decorative products for infants and toddlers.

Fumix Limited Liability Company does business as Trending Babies USA. Our Platform includes Our flagship store and website, Etsy store, social media venues, events, automated program interfaces, point-of-sales systems, fulfillment software, products, and services.

Prohibited activities and uses. You may not use Our Platform to publish content or engage in activity that is illegal under applicable law, harmful to others, or that subjects Us to liability. This includes without limitation, in connection with any of the following, each of which is prohibited under Our Acceptable Use Policy:

• Distributing malware or other malicious code.
• Disclosing sensitive personal information about others.
• Collecting, or attempting to collect, personal information about third parties without their knowledge or consent.
• Distributing pornography or adult related content.
• Promoting or facilitating prostitution or any escort services.
• Hosting, distributing, or linking to child pornography or content that is harmful to minors.
• Promoting or facilitating gambling, violence, terrorist activities, or selling weapons or ammunition.
• Engaging in the unlawful distribution of controlled substances, drug contraband, or prescription medications.
• Managing payment aggregators or facilitators, such as processing payments on behalf of other businesses or charities.
• Facilitating pyramid schemes or other models intended to seek payments from public actors.
• Threatening harm to persons or property, or otherwise harassing behavior.
• Manual or automatic credit card or other available payment methods testing using bots or scripts.
• Purchasing any of Our offered products and services on someone else’s behalf.
• Misrepresenting or fraudulently representing products or services.
• Infringing upon the intellectual property or other proprietary rights of others.
• Facilitating, aiding, or encouraging any of the above activities through Our Platform.

Platform abuse. If You violate Our Platform’s security, We will subject You to criminal and civil liability, as well as immediate account termination. This includes without limitation, in connection with any of the following, each of which is prohibited under Our Acceptable Use Policy:

• Using or distributing tools designed for compromising security of Our Platform.
• Intentionally or negligently transmitting files containing a computer virus or corrupted data.
• Accessing another network without permission to probe, scan, or monitor vulnerabilities, breach security, authentication measures, or data.

Resource consumption. You may not consume excessive amounts of Our Platform’s resources or use it in any way which results in performance issues or interrupts it for other users. Prohibited activities that contribute to excessive use, includes without limitation, in connection with any of the following, each of which is prohibited under Our Acceptable Use Policy:

• Deliberate attempts to overload our Platform and broadcast attacks (i.e., denial of service attacks).
• Engaging in any activities that degrade the usability and performance of Our Platform.

Spam provision. We maintain zero-tolerance for spam in any manner (i.e., irrelevant, inappropriate, and/or unsolicited messages) associated with the transmission, distribution, or delivery of any bulk or commercial e-mail, or the sending, assisting, or commissioning the transmission of e-mail that does not comply with the U.S. CAN-SPAM Act of 2003. This provision includes, but is not limited to, spam sent via fax, phone, postal mail, email, instant messaging, social media, or newsgroups. Sending emails through our Platform to purchase email lists will be treated as spam.

You may spam advertise a product or service on Our Platform when You have and adhere to Our Affiliate Agreement or Vendor Agreement.

Defamation and objectionable content. We value free expression and encourage respectful content when posting to Our Platform. We are not a Your content publisher and are not able to investigate the veracity of individual defamation claims or to determine whether certain material, which we may find objectionable, should be censored. We reserve the right, determined in our sole discretion, to moderate, disable or remove any content to prevent harm to others, Us, or Our Platform.

Copyrighted or trademarked content. Content must not be published via Our Platform without the explicit permission of the copyright/trademark owner, or person explicitly authorized to give such permission by the copyright/trademark owner.

If You are a copyright/trademark owner or an agent thereof and believe that any material on Our Platform infringes Your copyright/trademark, You may submit a written copyright/trademark infringement notification to us via email at management@fumixcustomdesigns.com. Pursuant to the Digital Millennium Copyright Act (DMCA), provide Us with the below information on Your copyright/trademark infringement notification.

• Identification of the copyrighted work that You claim has been infringed, or a representative list of the copyrighted works that you claim have been infringed.
• Identification of the infringing material and information You claim is infringing (or the subject of infringing activity), including at a minimum, if applicable, the Uniform Resource Locator (URL) of the web page(s) where the allegedly infringing material may be found.
• Information reasonably sufficient to permit Us to contact You, such as an address, telephone number, and e-mail address.
• A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury that You have the authority to act on behalf of the owner of an exclusive right that is allegedly infringed.
• A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf.

Copyright/trademark infringement notification must comply with the DMCA requirements. You may refer to a DMCA takedown notice generator or other similar services to avoid making mistake and ensure compliance of Your notification.

• Filing a DMCA complaint is the start of a pre-defined legal process. Your complaint will be reviewed for accuracy, validity, and completeness. If your complaint has satisfied these requirements, our response may include the removal or restriction of access to allegedly infringing material as well as a permanent termination of repeat infringers’ accounts. A backup of the terminated account’s data may be requested; however, it may be subject to certain penalty fees imposed. The final penalty fee will be determined by the severity and frequency of the violations.
• If we remove or restrict access to materials or terminate an account in response to a Notification of alleged infringement, we will make a good faith effort to contact the affected user with information concerning the removal or restriction of access, which may include a full copy of your notification (including your name, address, phone, and email address), along with instructions for filing a counter-notification.
• Notwithstanding anything to the contrary contained in any portion of this policy, we reserve the right to take no action upon receipt of a DMCA copyright infringement notification if it fails to comply with all the requirements of the DMCA for such notifications.

Upon receipt of a claim or notice of copyright/trademark infringement, we will immediately investigate the allegation and, upon confirmation by our sole discretion, notify the person(s) responsible for publishing it and remove the infringing content from our Platform. We assume no liability for copyright/trademark infringement damages, associated costs, and legal fees, or the removal of any such content from our Platform. We may terminate repeat copyright/trademark offenders. Further procedures may be carried out if necessary.

Security

You take full responsibility for maintaining reasonable security precautions for your account. You are responsible for protecting and updating your login details provided to you for using our Platform. You must protect the confidentiality of your login details and should change your login details periodically. Second form of authentication.

Enforcement

We reserve our right to be the sole arbiter in determining the seriousness of each policy infringement or violation and to take immediate corrective actions, includes without limitation:

• Disable or remove content prohibited by this policy.
• Suspend or terminate your account should you do not respond to our email within 2 calendar days, or as otherwise specified in our communication to you, we may.
• Immediately or eventually suspend or terminate your use of our Platform with or without notice.
• Report violations to law enforcement as determined by us, determined in our sole discretion.

We will not reactivate a suspended and terminated account due to a policy violation. If we suspend or terminate your account, you may request a backup of your data; however, it may be subject to penalty fees imposed according to your breach of this agreement. Penalty fees will be determined by the type and frequency of the policy infringement(s) and/or violation(s).

Nothing contained in this policy shall be construed to limit our actions or remedies in any way with respect to any of the prohibited activities. We reserve the right to take additional actions we may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from our Platform, and levying cancellation charges to cover our costs. In addition, we reserve all rights and remedies available to us with respect to such activities at law or in equity.

Reporting violations

If you discover and would like to report a violation of this policy, please email us immediately at management@fumixcustomdesigns.com. We will investigate your report and provide you with full assistance.

Changes and amendments

We reserve the right to modify this policy, or its terms and conditions related to our Platform at any time at our discretion. When we do, we will revise the date at the top of this policy, post a notification on our Platform, and send you a notification email or other ways at our discretion, such as through the contact information you provided.

An updated version of this Policy will be effective immediately upon the posting of the revised policy unless otherwise specified. Your continued use of our Platform after the effective date of the revised policy (or such other act specified at that time) will constitute your consent to those changes.

Acceptance of this policy

You acknowledge that you have read this policy and agree to its terms and conditions. By accessing and using our Platform you agree to be bound by this agreement and policy. If you do not agree to abide by the terms and/or conditions of this agreement or policy, you are not authorized to access or use our Platform.

Contacting us

If you have any questions, concerns, complaints, suggestions regarding this policy, we encourage you to contact us at management@fumixcustomdesigns.com.