My Baby Our Baby Terms of Service
By using any site on the mybabyourbaby.com servers (“Service”), a service of My Baby Our Baby, LLC (“My Baby Our Baby), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
My Baby Our Baby reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. These Terms of Service, together with the Privacy Policy, constitute the entire agreement between My Baby Our Baby and the user. There are no other agreements, written or otherwise, between you. You can review the most current version of the Terms of Service at any time at: http://mybabyourbaby.com/terms
Account Terms
- All accounts must be created by an adult.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. Your account may only be used by one person – a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. My Baby Our Baby cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when content is posted by others who are sharing your pages).
- One person or legal entity may not maintain more than one free account.
- Pages or Books being shared as “Public” may be promoted and linked by My Baby Our Baby as example uses of the Service.
- You may not use the Service for any illegal or unauthorized purpose.
- You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- Conflicts between the Privacy Policy, Refund Policy or this Terms of Service, are decided and controlled by the Terms of Service.
- My Baby Our Baby reserves the right to request any Book be kept in “Private” status, for any, or no reason.
- In some cases of excessive or abusive use of the Service, My Baby Our Baby may, at its sole discretion, cancel or suspend an account.
Violation of any of these agreements will result in the termination of your Account. While My Baby Our Baby prohibits such conduct and Content on the Service, you understand and agree that My Baby Our Baby cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Payment, Refunds, Upgrading, Downgrading and Charity Donation
- A valid credit card or PayPal account is required for paying accounts.
- Free accounts are not required to provide a credit card number.
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. My Baby Our Baby does not accept any liability for such loss.
Cancellation & Termination
- You are solely responsible for properly canceling your account.
- An email or phone request to cancel your account is not considered cancellation.
- You can cancel your account at any time by clicking on the Book Options link on the My Home page. The Delete Book link provides a simple method by which to completely erase a book. All of your Content will be immediately and permanently deleted from the Service upon cancellation.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- My Baby Our Baby, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other My Baby Our Baby service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. My Baby Our Baby reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service & Prices
- My Baby Our Baby reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the My Baby Our Baby Site (www.mybabyourbaby.com) or the Service itself.
- My Baby Our Baby shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright & Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your account and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow visitors to view and share your Content.
- My Baby Our Baby does not pre-screen Content, but My Baby Our Baby and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any
Content that is available via the Service. Inappropriate content could include, but is not limited to:
- infringe or misappropriate any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- violate any law, statute, ordinance or regulation (including, but not limited to, those governing privacy, publicity, export control, consumer protection, unfair competition, antidiscrimination or false advertising);
- be defamatory, trade libelous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities;
- be obscene or contain pornographic material as determined in My Baby Our Baby's sole discretion;
- contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- involve the transmission of any unsolicited commercial or bulk email (known as "spamming") and You shall not use Your account as a return address for unsolicited commercial mail originating elsewhere or participate in any activities related to so-called pyramid or ponzi schemes;
- involve the collection or attempt to collect personally identifiable information of any person or entity, except with the express written consent of that person or entity and of which consent You shall maintain a written record for a period of three (3) years after any termination of the Terms of Service;
- be harmful or potentially harmful to the My Baby Our Baby Server structure as determined in My Baby Our Baby's sole discretion, including without limitation overloading the My Baby Our Baby technical infrastructure;
- involve subleasing Your account or offering "free space" on or other access to Your account to third parties;
- create liability for My Baby Our Baby and its subcontractors or expose them to undue risk or otherwise engage in activities that My Baby Our Baby, in its sole discretion, determines to be harmful to My Baby Our Baby's affiliates, operations, reputation, or goodwill;
- link directly or indirectly to or include descriptions of goods or services that violate any applicable law, statute, ordinance or regulation.
- The look and feel of the Service is copyright © 2008 My Baby Our Baby, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from My Baby Our Baby.
General Conditions
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. Technical support is only provided to paying account holders and is only available via email. You understand that My Baby Our Baby uses third party vendors and hosting partners to provide the necessary hardware, software, networking, and related technology required to run the Service. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, My Baby Our Baby, or any other My Baby Our Baby service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by My Baby Our Baby.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any My Baby Our Baby customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages. You must not transmit any worms or viruses or any code of a destructive nature. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by My Baby Our Baby) of other My Baby Our Baby customers, we reserve the right to immediately disable your account or throttle your file or image hosting until you can reduce your bandwidth consumption.
My Baby Our Baby does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that My Baby Our Baby shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if My Baby Our Baby has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) termination of your account; or (vi) any other matter relating to the service.
The failure of My Baby Our Baby to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service together with the Privacy Policy, constitutes the entire agreement between you and My Baby Our Baby and govern your use of the Service, superceding any prior agreements between you and My Baby Our Baby (including, but not limited to, any prior versions of the Terms of Service). If any Term is held to be invalid, then the other Terms remain enforceable to the maximum extent legally possible. California law governs the relationship and you submit to the jurisdiction of the courts of the state of California for any litigation involving the Service or the Terms.
Questions
Any questions about this Terms of Service should be addressed to support[at]mybabyourbaby[dot]com.