BabyPage Terms of Service
Effective date: March 2017
How BabyPage Works
The Services are an online platform that guides mothers, fathers and other users through a customized digital “baby book” creation process. The Services include, among other things, features that prompt users to answer questions relating to recently born children and enable users to post and upload Content (as defined below) relating to such children. Based in part on responses and other Content provided by a user, the Services automatically generate successive pages of a customized digital baby book that can be viewed through the Services (each, a “Platform Book”). The Services may also contain features allowing users to share Books with friends and others via email or on social media sites or other methods, to order high-resolution versions of Platform Books in .pdf format (each, a “DigiBook”) or to order printed bound versions of Platform Books (each, a “Printed Book” and, together with Platform Books and DigiBooks, each a “Book”) and other products. In addition, certain features of the Services may be available only to users that purchase Premium Services (as defined below).
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever, whether publicly posted on the Services or privately transmitted through the Services or to BabyPage, is collectively referred to herein as “Content.” The submitting user retains ownership of Content submitted by such user. Notwithstanding the user’s ownership of the Content, the submitting user grants BabyPage to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of, such Content, in each case for the purposes of allowing BabyPage to (i) operate the Services in accordance with their functionality, (ii) generate, make available and sell Books to applicable users, (ii) improve the Services, (iii) develop new Services and (iv) reasonably related purposes.
Please note that, while you retain ownership of Content you submit, any template or layout in which you arrange or organize such Content through tools and features made available through any of the Services are not proprietary to you, and the rights to such template or layout will remain with us.
You consent to the use of your likeness (and the likeness of any minor of which you are the parent or legal guardian), and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in any Content you submit to use such individual’s likeness, for purposes of using and otherwise exploiting the Content in the manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen, you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request).
BabyPage has not, and will not, review, monitor or edit the Content for accuracy, authenticity, timeliness, integrity or completeness. BabyPage shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers to violate the Terms or to be illegal or otherwise inappropriate for the Services. BabyPage, in its sole and absolute discretion, may preserve Content and may also disclose, analyze or use Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of BabyPage, users of the Services or the public.
In order to help us maximize the user experience of all users, and avoid, eliminate or minimize disruptive, disrespectful and nonproductive activity on the Services, we require you to follow these rules: (a) do not upload to, distribute through or otherwise publish through the Services any Content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable or that would constitute or encourage a criminal offense, violate the rights of any party or that would otherwise give rise to liability or violate any law; (b) do not use the Services in any manner that could be offensive, including but not limited to posting Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harassment of another person; (c) only use the Services in a manner consistent with all laws and regulations and in accordance with these Terms; (d) do not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity for any purpose; (e) only submit Content for which you have the copyright or other specific permission to distribute electronically; (f) do not violate, plagiarize, or infringe on the rights of third parties, including without limitation copyright, trademark, trade secret, privacy, publicity or other proprietary rights; and (g) do not, without our express written approval, distribute or otherwise publish any Content containing any solicitation of funds, advertising, affiliate marketing offers, link referral codes, junk mail, “spam,” chain letters or pyramid schemes.
Our License To You
The Services, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the Services, are the property of BabyPage, its users or its content suppliers, as applicable, and are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. BabyPage hereby grants you a limited, nonexclusive, non-transferable personal license to use the Services for the limited purposes of personal entertainment and generating, viewing and purchasing Books in accordance with these terms. Except as expressly authorized by BabyPage in writing or as permitted through the intended use of features of the Services, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the Services for any purpose, create internet “links” to the Site or any other Services or “frame” or “mirror” the Site or any App on any other server or wireless or Internet-based device. All rights not expressly granted herein are reserved to BabyPage and/or its licensors.
To use most features of the Services or participate in certain activities sponsored by BabyPage, you will be required to create an account with us. Each user that creates such an account must: (1) personally provide true, accurate, current and complete information on the applicable registration form (collectively, the “Registration Data”) and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, BabyPage has reasonable grounds to suspect that any user’s information is untrue, inaccurate, not current or incomplete, BabyPage may suspend or terminate any and all current or future use of the Services by that user.
A user may receive passwords and account designations upon completing certain registration processes in connection with the Services and is wholly responsible for maintaining the confidentiality of such passwords or designations.
Sharing BabyPage-Generated Materials
As discussed above, the Services may allow you to share Books and Content with friends, family and others via email, posts to social media sites such as Facebook or Twitter and other methods. We urge you to exercise extreme caution in sharing any Book or any other information or Content about your child. Whenever you share a Book or any portion thereof on any social media site or otherwise, it is out of our control. Once something is made publicly or semi-publicly available on the internet, it is practically impossible to take down all copies of it or otherwise control its further dissemination. BabyPage assumes no responsibility whatsoever for any claims, actions, risks of loss or damages that arise out of or relate to the external sharing of any Book or related materials.
Creating a BabyPage account and using the Services to create a basic Platform Book is free. Users may purchase DigiBooks, Printed Books and other products from us, and we may charge users fees to access and use certain premium features of the Services (“Premium Services”). Prices for DigiBooks, Printed Books, Premium Services and other products and services available through the Services are displayed on applicable pages within the Services.
Our prices and fees for products and services are subject to change. We will post any changes to our prices or fees to the Services. We may also choose to temporarily change our prices and fees for services for promotional events or similar activities; such changes are effective when we post the temporary changes on the Services or on social media sites or marketing emails. We may, at our sole discretion, change some or all of our products or services at any time. In the event that we introduce a new product or service, the price or fee for that service are effective at the launch of that product or service. Unless otherwise stated, all prices and fees are in US Dollars (USD).
The Services are not intended for use by children. If you are under 13, you may not submit or post any information or material on the Services or otherwise provide such information to BabyPage, including but not limited to personally identifiable information.
We may terminate a user’s ability to use the Services in our sole and absolute discretion and for any reason. We may terminate your use of the Services for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of resources on which the Services rely or attempt to gain unauthorized entry to the Services; or (3) as required by law, regulation, court or governing agency order. Our termination of any user’s access to the Services may be effected without notice and, on such termination, we may immediately bar any further access to the Services. We shall not be liable to any user or other third party for any termination of that user’s access to the Services. In the event of termination, we reserve the right to delete, or not delete, a user’s Content at our sole discretion.
The Services may provide links to other websites maintained by third parties. BabyPage exercises no control whatsoever over such other websites and is not responsible or liable for the availability, content, advertising, products, services or other materials on such websites. Your access and use of such linked websites, including information, material, products and services therein, is solely at your own risk.
Responsibility For Use; Warranty Disclaimer; Limitations of Liability
Each user shall indemnify, defend and hold BabyPage and its directors, officers, employees and agents harmless from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys’ fees, made by any third party due to or arising out of that user’s acts or omissions, including claims arising out of that user’s use of the Services; his or her submission, posting or transmission of Content or his or her violation of the Terms.
BabyPage is not party to, has no involvement or interest in, makes no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization, including without limitation any other person which whom you share a Book (“your interactions with others”). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others. You agree to indemnify and hold BabyPage and its directors, officers, directors, employees and agents harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your interactions with others.
Should you have a dispute with another user or an outside party in connection with the sharing of any Book or another aspect of the Services, you release BabyPage and its directors, officers, employees and agents from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
BabyPage does not control the Content posted to the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will BabyPage be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, shared or otherwise transmitted or displayed via the Services or in any Book. Each user must evaluate, and bear all risks associated with the use of the Services and the posting or sharing of any Content, including any reliance on the accuracy, completeness, timeliness, integrity or usefulness of the Services or any such Content.
BabyPage does not guarantee continuous, uninterrupted access to the Services, and operation of the Services may be interfered with by numerous factors outside of our control. When you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply, and BabyPage shall have no liability whatsoever for such charges, rates or other fees.
EACH USER’S USE OF THE SERVICES ARE AT HIS OR HER SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND BABYPAGE ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT OR COMMUNICATIONS. BABYPAGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BABYPAGE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER’S USE OR INABILITY TO USE THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF THE SERVICES OR CONTENT ACCESSED THROUGH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON THE SERVICES AND LINKS IN CONTENT ACCESSED THROUGH THE SERVICES).
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
“BabyPage” is a trademark of BabyPage, Inc. Your use of the “BabyPage” mark or any of our other marks, names and logos as displayed on the Services without our prior written consent is strictly prohibited.
BabyPage respects the intellectual property rights of others, and requires that the people who use the Services do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible through Services in a way that constitutes copyright infringement, you may notify us by providing the Copyright Agent (defined below) with the following information in writing: (1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf; (2) identification of the copyrighted work that you claim has been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material, including the full URL; (4) your name, address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your Content, you may send a written counter-notice containing the following information to the above-described designated agent: (1) your physical or electronic signature; (2) identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; (4) your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the federal court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which BabyPage may be found and (5) a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we will send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Our designated agent to receive notification of claimed infringement (the “Copyright Agent”) is:
Zachary Lerner 200 Broadway Blvd NEAlbuquerque, NM 87102Phone: (505) 227-8801Fax: (206) 339-8535
The Terms constitute the entire agreement between each user and BabyPage and govern each user’s use of the Services, superseding any prior agreements. The Terms and the relationship between each user and BabyPage shall be governed by the laws of the State of New Mexico without regard to its conflict of law provisions, and each party shall submit to the personal and exclusive jurisdiction of the courts located within Bernalillo County, New Mexico. The Services are controlled and operated by BabyPage from its offices within the State of New Mexico, United States of America. BabyPage makes no representation that materials in the Services are appropriate or available for use in other locations. Those who choose to access this Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between BabyPage and any user.
The provisions above listed under the headings “POSTING CONTENT”, “TERMINATION”, “LINKS”, “RESPONSIBILITY FOR USE; WARRANTY DISCLAIMER; LIMITATIONS OF LIABILITY”, “PRIVACY” and “GENERAL INFORMATION” shall survive any termination or expiration of these Terms with respect to any user.
The original version of these Terms became effective on August 1, 2015. These Terms were most recently updated as of the date first set forth above. If you would like to view prior versions of our terms and conditions so that you can view changes, additions and deletions, please contact us at [email protected].