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Newborn And First-Year Essentials

Newborn vs 0–3 Months: The Complete Baby Clothing Size Guide and Practical Buying Tips

by Baby Kid Squad 21 Jan 2026

Table of Contents

  1. Key Highlights
  2. Introduction
  3. How “Newborn” and “0–3 Months” Labels Are Defined
  4. The Physics of Baby Clothing Fit: Weight, Length, and Proportion
  5. Standard Size Chart: Preemie through 6 Months (US/metric conversion)
  6. How to Choose Between Newborn and 0–3 Months
  7. Garment Types and Fit Considerations
  8. Brand Variability: Why One Label Doesn’t Fit All
  9. Measuring Your Baby Accurately
  10. Growth Patterns and Timing: What to Expect
  11. Seasonality: Dressing for Temperature and Weather
  12. Safety Guidelines Linked to Clothing Choices
  13. Diapering and Clothing: Practical Interfaces
  14. How Many Clothes Do You Need? Building a Starter Wardrobe
  15. Gift Registries and Hand-Me-Downs: What to Ask For and Accept
  16. Real-World Examples and Scenarios
  17. When to Size Up: Signs the Garment Is Too Small
  18. Special Considerations: Preemies and Large Newborns
  19. Laundry, Care, and Fabric Choices
  20. Travel and Day Trips: Dressing for Convenience
  21. Common Myths and Misconceptions
  22. Practical Checklist for New Parents and Gift-Givers
  23. How Retailers and Parents Can Reduce Waste
  24. Final Guidance: Practical Sizing Strategy
  25. FAQ

Key Highlights

  • Newborn (NB) and 0–3 months sizes overlap but follow different conventions: newborn targets the first few weeks, while 0–3 months covers a broader range—usually up to three months—so choose by your baby’s weight/length, not the label.
  • Accurate fitting depends on weight and length measurements, seasonal needs, and garment type; account for growth spurts, brand variability, and safe sleep recommendations when selecting sizes.

Introduction

Parents face one of the earliest practical puzzles after birth: what size clothes will actually fit their baby? Labels such as Newborn, NB, and 0–3 months appear on every shelf, but they don’t always translate into a predictable, comfortable fit. Babies arrive in a wide range of sizes and grow rapidly during the first weeks and months. Selecting the right size affects comfort, safety, diaper changes and how long a piece of clothing will be usable.

This guide clarifies the difference between newborn and 0–3 months sizes, provides weight-and-length-based size charts, explains how garments should fit, and offers shopping and sizing strategies for different seasons and situations. Practical examples, brand notes, and safety pointers will help parents and gift-givers choose clothes that work from day one through the first quarter of life.

How “Newborn” and “0–3 Months” Labels Are Defined

Retailers and manufacturers use a handful of size labels for the youngest infants. Understanding what these labels typically mean helps set expectations.

  • Newborn (sometimes abbreviated NB): Intended for very small newborns, often those who weigh roughly 5–8 pounds (2.3–3.6 kg) and are about 17–21 inches (43–53 cm) long. Newborn sizes are designed for the immediate post-birth period and may be outgrown within two to four weeks.
  • 0–3 months: Covers a wider range. These garments aim to fit infants roughly 8–12 pounds (3.6–5.4 kg) and 20–24 inches (51–61 cm), and are constructed to remain wearable through the first three months.
  • Many brands add preemie, 3–6 months, 6–9 months and so on; preemie is for very small or premature infants, and 3–6 months represents the next stage after 0–3 months.

These numbers are guidelines rather than strict rules. Fabric stretch, garment cut, and brand-specific sizing mean some newborns will fit 0–3 months right away, while others will need NB for several weeks.

The Physics of Baby Clothing Fit: Weight, Length, and Proportion

A baby’s weight and length determine how clothing fits in different areas. Those measurements affect fit as follows:

  • Length: Governs sleeve length, overall garment length, and where snaps or zippers fall. If length is short, garments can ride up, exposing skin or interfering with diaper changes.
  • Weight and girth (chest/waist): Define how snug the torso and leg areas fit. Tight crotch snaps can make diapering awkward; too loose can present trip hazards in footed pajamas.
  • Proportions: Two babies at the same weight may have different shapes. A longer, leaner infant may need a larger size for length but a smaller size for torso width.

Measure weight and length, then choose the size that allows room to move while avoiding excessive excess fabric that could present safety or practical problems.

Standard Size Chart: Preemie through 6 Months (US/metric conversion)

The following chart reflects common retail standards; brands may vary by a few pounds or centimeters. Use this chart as a starting point, not an absolute rule.

Size Typical weight Typical length
Preemie up to 5 lb (up to 2.3 kg) up to 17 in (up to 43 cm)
Newborn (NB) 5–8 lb (2.3–3.6 kg) 17–21 in (43–53 cm)
0–3 months 8–12 lb (3.6–5.4 kg) 20–24 in (51–61 cm)
3–6 months 12–16 lb (5.4–7.3 kg) 24–26 in (61–66 cm)
6–9 months 16–20 lb (7.3–9.1 kg) 26–28 in (66–71 cm)

Note: Overlap between categories is intentional. Newborn and 0–3 months commonly share length and weight zones. Always prioritize the baby’s actual measurements.

How to Choose Between Newborn and 0–3 Months

Choose the label that reflects your baby’s current measurements and the expected pace of growth.

Practical rules:

  • If the baby weighs less than 8 lb (3.6 kg) and measures under about 21 in (53 cm), start with newborn sizes. These fit small shoulders and short legs more tightly and avoid swallowing the infant in loose fabric.
  • If the baby is 8–10 lb (3.6–4.5 kg) or longer than 21 in (53 cm), choose 0–3 months for a longer wear window and easier layering.
  • If unsure, buy a mix: a few NB outfits for the first weeks and several 0–3 months pieces that will last longer.
  • For preterm babies, purchase preemie sizes or specialized NICU-friendly clothing with side-closures to accommodate medical lines and delicate skin.

Example: A 6 lb baby at 19 in should wear newborn sizes initially; at the six-week checkup, that same baby could already be in 0–3 months depending on growth.

Garment Types and Fit Considerations

Different clothing categories demand different fit priorities. Consider how garments are used throughout the day.

  • Onesies (bodysuits): Should fit comfortably across the chest and snap easily at the crotch. Allow room for diapers—disposable and cloth diaper bulk differ—so measure against a diapered baby if possible.
  • Sleepers/footed pajamas: Length matters most; feet should not be too squeezed. Choose sleepers with a little stretch in the chest and a roomy crotch.
  • Swaddles and sleep sacks: Choose based on weight range, not clothing size. Swaddle fabric should be snug around the torso but permit hip movement; sleep sacks come in sizes that correspond to weight/length and are safer than loose blankets.
  • Two-piece sets and outfits: Tops should overlap with bottoms. Pants should fit at the waist while leaving room for a diaper.
  • Hats and mittens: One-size items often fit newborn heads initially; check hat circumference against newborn head measurements (~13–14 in/33–36 cm for many newborns).
  • Outerwear (coats, bunting): Bulk adds thickness that can mislead fit. For infants in car seats, avoid heavy coats; use blankets over the harness or thin layers and remove coats before buckling.

Different uses require different tolerances. For sleepwear, prioritize warmth and safety. For daytime wear, prioritize ease of changing.

Brand Variability: Why One Label Doesn’t Fit All

Sizing varies across brands. Some common patterns:

  • American mass-market brands (e.g., Gerber, Carter’s): Tends to follow standard retail charts. Carter’s often runs true to size; Gerber may skew slightly smaller in some lines.
  • European brands (e.g., H&M, Next): Use metric sizing (centimeters) and may run narrower.
  • Boutique and handmade items: May differ widely. Check measurements or ask the maker.
  • Organic and stretch fabrics: Cotton-spandex blends can accommodate a larger range than pure cotton.

When shopping a specific brand for the first time, read size notes, look for “true to size” or “runs small” cues in reviews, and consider purchasing one item to test fit before buying in bulk.

Measuring Your Baby Accurately

Accurate measurement reduces wasted purchases.

  • Length: Lay the baby on a flat surface. Use a soft tape measure from the crown (top of head) to the heel. Keep the legs extended but comfortable; if the baby flexes the legs, repeat the measure when calm.
  • Weight: Use a baby scale for the most accurate reading. Record wearing or not wearing clothing and account for it if needed.
  • Chest and head circumference (optional): Wrap a tape measure around the widest part of the chest (just under armpits) and around the forehead for head circumference.
  • How to use measurements: Match the baby’s weight and length to the size chart. If length and weight fall into different size boxes, prioritize the greater constraint—if long but slim, choose a size that accommodates length to avoid sleeves that end above the wrist.

Repeat measurements at pediatric appointments. Rapid growth in early weeks can make sizes change unexpectedly.

Growth Patterns and Timing: What to Expect

Newborns grow fast. Expect periods of rapid expansion, sometimes called growth spurts, typically around 7–10 days, 3 weeks, 6 weeks, 3 months, and 6 months. Growth spurts can temporarily increase appetite, sleep disruption, and weight gain.

Clothing implications:

  • Newborn sizes may be outgrown within 2–6 weeks if the baby grows quickly.
  • 0–3 months clothing often lasts several months if the baby stays within average curves.
  • Keep at least a few outfits one size up when you anticipate a growth spurt.

Plan purchases around expected growth milestones and consider buying multi-size packs or items with forgiving fits (stretchy fabrics, adjustable waists, cuffs).

Seasonality: Dressing for Temperature and Weather

Birth season significantly affects clothing choices.

  • Summer births: Lightweight, breathable fabrics are crucial. Onesies, short-sleeve rompers, and light swaddles will suffice for many days. Consider sun protection: hats with brims, light long-sleeve cotton for direct sun exposure.
  • Winter births: Layering excels. Start with a bodysuit, add a sleeper or pants and top, and finish with a sleep sack or wearable blanket for sleeping. Avoid heavy coats in car seats; use thin layers and a blanket over the harness.
  • Transitional months: Choose pieces that layer well. A mix of short- and long-sleeve bodysuits plus a light sleep sack or sweater provides flexibility.

Fabric choices: Cotton breathes and absorbs; bamboo blends often feel soft and wick moisture. For cold climates, fleece outerwear for short outdoor use is appropriate; avoid fleece for extended indoors wear due to potential overheating.

Safety Guidelines Linked to Clothing Choices

Clothing impacts safety during sleep and travel.

  • Sleep: Use wearable blankets or approved sleep sacks rather than loose blankets. Avoid oversized clothing that can cover the face or interfere with breathing.
  • Overheating: Watch for signs—sweating, damp hair, flushed cheeks. Use one layer fewer than an adult would in the same conditions.
  • Necklines and strings: Avoid garments with drawstrings near the neck or loose ties that could entangle. Small buttons should be secure to prevent choking hazards.
  • Footwear: Infants don’t need shoes indoors. Soft socks or footed pajamas suffice. Shoes can restrict natural foot development.
  • Car seats: Remove bulky outerwear before buckling. Place a blanket over the harness if needed after buckling or use thin layers and a car seat cover designed for safe use.
  • NICU and medical needs: Preemies or babies with medical lines require special clothing that allows access without dislodging tubing. Look for side-snap or wrap-style clothing.

Follow pediatrician and safe sleep recommendations; clothing should enhance, not interfere with, established safety practices.

Diapering and Clothing: Practical Interfaces

The type of diaper (cloth vs disposable) affects clothing fit.

  • Cloth diapers bulk: Leave more room at the hips and thighs. Choose sizes with higher cut legs or larger crotch allowances.
  • Disposable diaper: Less bulky; some parents size down clothing accordingly.
  • Snaps vs zippers: Zippers allow one-handed changes faster, but snaps can offer better fit adjustments in the crotch.

Tip: When selecting pajamas or onesies, try them on over a diaper to check the fit of snaps and leg openings.

How Many Clothes Do You Need? Building a Starter Wardrobe

New parents often ask how many of each item to buy. Frequency of laundry, climate, and caregiving arrangements all factor in.

A practical newborn starter list (first 0–3 months):

  • 6–10 bodysuits/onesies (mix short and long sleeve)
  • 4–6 sleepers or footed pajamas
  • 3–4 swaddles or sleep sacks
  • 2–4 pants or leggings
  • 2–3 sweaters or cardigans for cooler weather
  • 3–4 hats (sun hat and warm hat as appropriate)
  • 6–8 pairs of socks or booties
  • 2–4 outer layers (light jacket, bunting, or coat depending on season)
  • 1–2 special outfits for outings/photographs

Adjust up for less frequent laundry or if you anticipate heavy spit-up. Newborns often require multiple outfit changes per day.

Gift Registries and Hand-Me-Downs: What to Ask For and Accept

Registries should reflect a range of sizes. Babies outgrow newborn sizes quickly, so encourage gift-givers to include 0–3 months and 3–6 months items.

Hand-me-downs:

  • Inspect for wear, stretch, and stains, and confirm safety details such as secure snaps.
  • Avoid hand-me-down sleep sacks or heavily worn pajamas that might have lost elasticity.
  • Sanitize or wash before use. Consider replacing items if elastic or fabric has weakened.

Gifts tied to special occasions (first month photos, coming-home outfits) can be in newborn sizes, but practical staples like onesies in 0–3 months will be used more often.

Real-World Examples and Scenarios

Case study A: First-time parents with a 7 lb, 20 in newborn

  • Recommended purchases: mix of newborn and 0–3 months sizes. Newborn sleepers for the first two weeks, several 0–3 months onesies for growth. Two blankets and a sleep sack sized by weight range rather than clothing size.

Case study B: Parents with a 9 lb, 21.5 in newborn

  • Recommended purchases: primarily 0–3 months out of the gate. Newborn size may be skipped entirely. Focus on stretchy bodysuits and sleepers with zipper access.

Case study C: Preemie baby (3.8 lb)

  • Recommended purchases: preemie sizes and NICU-friendly supplies. Side-snap or open-side gowns for medical access, soft hats for temperature regulation, and very small mittens to prevent scratching.

These examples show that initial purchase strategy depends on the baby’s starting measurements more than the label itself.

When to Size Up: Signs the Garment Is Too Small

Recognize tight clothing before it becomes uncomfortable or unsafe.

Signs to size up:

  • Sleeves ride up and wrists or elbows are exposed.
  • Crotch snaps pull or are difficult to close over the diaper.
  • Necklines feel tight or leave marks.
  • Seams dig into the skin or leave red marks.
  • The baby can’t move hips freely in sleepwear; tight hips can restrict natural hip positioning.

If in doubt between two sizes, choose the larger one for sleepwear and when the garment is restrictive.

Special Considerations: Preemies and Large Newborns

Preemies

  • Preemie clothing is often narrow with shorter lengths and designed for extra warmth without bulk.
  • Hospital stays often require specific clothing that allows easy access to the chest, IVs and monitors.

Large newborns

  • Babies over 9–10 lb should start in 0–3 months clothing. Footed sleepers with extra length or adjustable cuffs work well.

For both groups, medical and pediatric guidance should shape clothing choices when health or therapy interventions are in place.

Laundry, Care, and Fabric Choices

Care instructions and fabric choices affect comfort and longevity.

  • Pre-wash new clothes to remove manufacturing residues and reduce potential allergic reactions. Use a mild, fragrance-free detergent for newborn skin.
  • Avoid fabric softeners and dryer sheets for the first few months; they can irritate sensitive skin.
  • Check care labels: some garments are pre-shrunk; others will shrink with heat.
  • Iron sparingly; heat can damage snaps or elastic.
  • Consider organic cotton or bamboo blends for sensitive skin. These fabrics are softer and often gentler on eczema-prone infants.

Establish a laundry rotation that keeps a few clean outfits ready while others are washing. Keep burp cloths and extra bodysuits handy.

Travel and Day Trips: Dressing for Convenience

For short outings, prioritize easy diaper access and adjustable layers.

  • Use a onesie with a snap or zipper sleeper for quick changes.
  • Bring an extra outfit, a swaddle or sleep sack, diapers, wipes, and a changing pad.
  • For public transport or crowded places, choose simple clothing without long ties or loose embellishments.

When flying or driving, avoid dressing the infant in overly thick outfits that will complicate car-seat buckling or airport security procedures.

Common Myths and Misconceptions

Dispelling a few persistent myths helps parents shop smarter.

Myth: Newborn size is always necessary. Fact: Many babies skip newborn size entirely. Use weight and length as the deciding factors.

Myth: One brand’s size translates directly across all brands. Fact: Sizes vary. Always check measurements and reviews.

Myth: Babies always return to newborn clothing if they lose weight after birth. Fact: Weight loss is expected in the first days; most babies are back to birth weight by two weeks. Newborn sizing should reflect measurements at the time of dressing, not only birth weight.

Myth: Bigger is always better—buy the largest size and keep the baby warm. Fact: Oversized clothing can pose safety risks, impede movement, and hide warning signs like overheating.

Practical Checklist for New Parents and Gift-Givers

A checklist helps streamline decisions.

Before shopping:

  • Record baby’s current weight and length.
  • Note climate and living situation (urban vs rural, frequent car use).
  • Decide laundry frequency and storage.

At purchase:

  • Prioritize snap or zipper closures for easy changes.
  • Buy multiples of basics (onesies, sleepers) in sizes tailored to the baby’s measurements.
  • Add a few size-up items for impending growth spurts.
  • Choose sleep sacks sized by weight.

After purchase:

  • Pre-wash garments in fragrance-free detergent.
  • Test a sleeper or onesie over a diaper.
  • Inspect for loose threads, weak snaps, or small embellishments that could detach.

How Retailers and Parents Can Reduce Waste

Clothing waste is avoidable with better planning.

  • Buy fewer newborn-only items and more 0–3 months and 3–6 months pieces that will be used longer.
  • Consider borrowing or renting newborn clothes for the first weeks if you expect rapid growth.
  • Donate or hand down clean items promptly to reduce storage burden.

Selecting versatile, washable, and durable fabrics reduces the number of outfits needed and extends the life of each item.

Final Guidance: Practical Sizing Strategy

The smart approach balances current measurements, anticipated growth, and functional needs.

  • Start by taking weight and length.
  • Buy a small set of newborn pieces only if the baby measures within the newborn range; otherwise start with 0–3 months.
  • Mix fabrics and types: several cozy sleepers, enough bodysuits for daily changes, and a few outer layers for outdoor care.
  • Prioritize safety and ease of diaper changes over fashion.
  • Keep receipts and tags until you confirm a good fit—many stores accept returns on newborn clothing.

Selecting the right sizes is part measurement, part expectation management. A pragmatic mix of sizes and a few adaptable pieces prevents overbuying and keeps the baby comfortable through rapid change.

FAQ

Q: How long will a newborn size usually fit? A: Newborn sizes often fit for anywhere from a few days to six weeks. Rapid early growth means many newborns outgrow NB quickly; those around 7–8 lb at birth may move to 0–3 months sooner.

Q: Should I buy preemie clothes if my baby is small? A: Buy preemie sizes if the baby is medically small or born prematurely. NICU babies often need specialized clothing for access to medical lines; check hospital guidance.

Q: Are there universal measurements for baby clothes internationally? A: No universal standard exists. European brands often use centimeters; US brands use weight and age ranges. Always refer to a brand’s specific size chart.

Q: How do I account for cloth diapers when choosing sizes? A: Cloth diapers add bulk. Try a garment on over the diaper or choose sizes with higher-cut legs and adjustable waistbands. 0–3 months tends to fit better over cloth diapers than newborn sizes.

Q: What fabric is best for newborn skin? A: Soft, breathable fabrics such as organic cotton or bamboo blends reduce irritation. Avoid rough synthetics for direct contact with a newborn’s skin.

Q: How many outfits should I register for? A: For a starter registry, include 0–3 months and 3–6 months basics, a few newborn items for coming-home outfits, and versatile pieces that layer. Aim for multiples of essentials rather than many single special outfits.

Q: How should I dress a newborn for sleep? A: Use a fitted onesie or sleeper with a properly sized sleep sack or wearable blanket. Avoid loose blankets, hats, or bulky clothing while sleeping. Always follow pediatric safe-sleep recommendations.

Q: Can babies wear adult-style clothes with snaps or buttons? A: Avoid adult-style closures near the neck or small detachable parts. Choose infant-specific designs with secure snaps or zippers, and avoid long strings or embellishments.

Q: When should I size up to 3–6 months? A: Size up when sleeves or legs no longer cover wrists or ankles, necklines feel tight, or snaps strain across the diaper. Also consider sizing up after a growth spurt.

Q: Are boutique or handmade clothes safe for newborns? A: They can be, but inspect them for small parts, loose threads and secure seams. Prioritize safety and wash before first use.

Q: What about footed sleepers that are too long? A: If footed sleepers are slightly long but otherwise fit, folding the cuff at the ankle or using adjustable snaps can work. If too long by a large margin, choose a smaller size to avoid tripping or folded fabric that bunches.

Q: Do hats prevent overheating? A: Hats help with heat retention in the immediate newborn period, especially for low-birth-weight infants. Indoors, avoid keeping hats on for extended periods to prevent overheating.

Q: Is it okay to buy just one size for a season? A: No—buy a mix. Babies grow unpredictably. For example, newborn-only purchases may be largely unused if the baby grows into 0–3 months quickly.

Q: How do brands like Carter’s and H&M differ? A: Carter’s typically follows American retail sizing, often fitting true to size; H&M uses metric sizing and may run narrower. Check brand charts and reviews.

Q: Can I use baby clothes for future pregnancies? A: Yes, if you store items properly and they remain in good condition. However, preserve wear-prone items in breathable storage and prefer newer sleepwear for safety.

Q: How do I ensure the outfit is safe and comfortable at night? A: The outfit should be snug but not tight, allow free hip movement, and include a properly sized sleep sack for warmth. Avoid heavy blankets and loose clothing.

Q: What if my baby has sensitive skin or eczema? A: Choose soft, breathable, hypoallergenic fabrics and wash clothes with fragrance-free detergents. Avoid fabric softeners and new synthetics that can irritate sensitive skin. Consult a pediatrician for persistent problems.

Q: Where can I find trustworthy size charts? A: Manufacturer websites and product pages typically provide the most accurate charts. Customer reviews and Q&A sections often reveal real-world sizing experiences.

Q: Any final tips for shopping online? A: Measure the baby, compare to the brand’s chart, read reviews for fit comments, and keep tags until you confirm a fit. When possible, order one item as a test before committing to multiples.

This guide distills practical sizing logic into actionable steps. Prioritize measurement, safety and ease of caregiving. The right mix of sizes and garments will make the first weeks and months smoother for both baby and caregiver.

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  5. Responsibility of Website Visitors. Baby Kid Store has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Baby Kid Store does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Baby Kid Store disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which babykidstore.com links, and that link to babykidstore.com. Baby Kid Store does not have any control over those non-Baby Kid Store websites and webpages, and is not responsible for their contents or their use. By linking to a non-Baby Kid Store website or webpage, Baby Kid Store does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Baby Kid Store disclaims any responsibility for any harm resulting from your use of non-Baby Kid Store websites and webpages.
  7. Copyright Infringement and DMCA Policy. As Baby Kid Store asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by babykidstore.com violates your copyright, you are encouraged to notify Baby Kid Store in accordance with Baby Kid Store Digital Millennium Copyright Act ("DMCA") Policy. Baby Kid Store will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Baby Kid Store will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Baby Kid Store or others. In the case of such termination, Baby Kid Store will have no obligation to provide a refund of any amounts previously paid to Baby Kid Store.
  8. Intellectual Property. This Agreement does not transfer from Baby Kid Store to you any Baby Kid Store or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Baby Kid Store. Baby Kid Store, babykidstore.com, the babykidstore.com logo, and all other trademarks, service marks, graphics and logos used in connection with babykidstore.com, or the Website are trademarks or registered trademarks of Baby Kid Store or Baby Kid Store licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Baby Kid Store or third-party trademarks.
  9. Advertisements. Baby Kid Store reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
  10. Attribution. Baby Kid Store reserves the right to display attribution links such as 'Blog at babykidstore.com,' theme author, and font attribution in your blog footer or toolbar.
  11. Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner's terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
  12. Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities.
  13. Changes. Baby Kid Store reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Baby Kid Store may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  14. Termination. Baby Kid Store may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your babykidstore.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Baby Kid Store if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Baby Kid Store notice to you thereof; provided that, Baby Kid Store can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  15. Disclaimer of Warranties. The Website is provided "as is". Baby Kid Store and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Baby Kid Store nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  16. Limitation of Liability. In no event will Baby Kid Store, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Baby Kid Store under this agreement during the twelve (12) month period prior to the cause of action. Baby Kid Store shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  17. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Baby Kid Store Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  18. Indemnification. You agree to indemnify and hold harmless Baby Kid Store, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  19. Miscellaneous. This Agreement constitutes the entire agreement between Baby Kid Store and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Baby Kid Store, or by the posting by Baby Kid Store of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Baby Kid Store may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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