Intellectual Property

This Site is owned and operated by Gymboree. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, product images, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Gymboree Play Programs, Inc. and/or its subsidiaries or affiliates ("Gymboree"). The Site as a whole is protected by copyright and trade dress. All worldwide rights, title and interests are reserved. GYMBOREE, GYMBOREE PLAY & MUSIC, GYMBO AND GROWING YOUNG MINDS, and all other GYMBOREE PLAY & MUSIC trademarks appearing at this Site are trademarks of Gymboree. The Contents of our site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

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Prohibited Use

You may not cause harm to the Site or the Gymboree Play & Music affiliate web sites. Specifically, but not by way of limitation, you may not: (i) interfere with the Gymboreeclasses.com or affiliate online web site service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Gymboreeclasses.com or affiliate online web site service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Web site, except in the operation or use of an internet "search engine", hit counters or similar technology; (iv) impersonate another person or entity; (v) engage in any activity that interferes with another user's ability to use or enjoy the Gymboreeclasses.com or affiliate online web site service; or (vi) assist or encourage any third party in engaging in any activity prohibited by this TOU.

Prohibited use also includes the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of our trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any Gymboreeclasses.com or affiliate web page is prohibited absent express written permission from Gymboree. Framing, inline linking or other association of the Gymboreeclasses.com or affiliate web site or its Materials with links, advertisements and/or other information not originating from the Gymboreeclasses.com or affiliate web site is prohibited absent express written permission from Gymboree.

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Your Privacy Rights

Your Privacy Rights

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User Comments, Feedback, and other Submissions

We welcome your feedback on the Site. All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Gymboree Play & Music on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain Gymboree Play & Music's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Gymboree Play & Music of all worldwide rights, title and interests in all copyrights and other intellectual property in the Comments. Gymboree Play & Music will own exclusively all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Gymboree Play & Music is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay any compensation for any Comments; or (3) to respond to any user Comments. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission. You represent that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further represent that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

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Class Availability & Pricing

Most Gymboree Play & Music classes displayed at the Site are available through online registration or at select Gymboree Play & Music locations worldwide. In some cases, classes displayed as available at the Site may not be available at some locations. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.

In the event a class is listed at an incorrect price or location due to typographical error or other error, Gymboree Play & Music shall have the right to refuse or cancel any registrations for enrollment placed for a class listed at the incorrect price. Gymboree Play & Music shall have the right to refuse or cancel any such registrations whether or not the registration has been confirmed and your credit card charged. If your credit card has already been charged for the registration and your registration is canceled, Gymboree Play & Music shall immediately issue a credit to your credit card account in the amount of the incorrect price.

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Class Information

We have made every effort to display as accurately as possible the classes, locations, and other information that appear on the Site. However, we cannot guarantee that all information on the Site will be accurate.

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Links to Other Web Sites and Services

To the extent that this Site contains links to outside services and resources, the availability and content of which Gymboree Play & Music does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. Gymboree Play & Music makes no representation or warranty that any web site links contain suitable, appropriate materials.

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Disclaimer

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE BY YOUR USE OF THE SITE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT GYMBOREE PLAY & MUSIC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

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Indemnification

You agree to defend, indemnify and hold Gymboree Play & Music harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site or any claim by a third party that your Comments infringe the third party's rights..

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Miscellaneous

Unless otherwise specified and except to the extent GYMBOREE PLAY & MUSIC products are offered for sale in the United States through this Site, this Site and the contents thereof are displayed solely for the purpose of promoting Gymboree Play & Music's products and services available in the United States and select foreign markets. This Site is controlled and operated by Gymboree from its offices in San Francisco, California.

This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of California, County of San Francisco and/or the Northern District of California.

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Termination

Gymboree Play & Music may terminate this Agreement at any time, immediately without notice, and accordingly deny you access to the Site, if in Gymboree Play & Music's sole discretion you fail to comply with any term or provision of this Agreement.

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