mytinybaby.com Terms of Service
By using the mytinybaby.com online website for baby service (the "mytinybaby.com service"), you accept and agree to be bound by the following terms and conditions . Nothing in these Terms of Service should be construed to confer any rights to third party beneficiaries.
changes to mytinybaby.com and terms and conditions
We reserve the right to modify or terminate the mytinybaby.com service for any reason, and without notice, without liability to you, any other Member or any third party. We also reserve the right to modify these Terms of Service from time to time without notice. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes.
eligibility and registration
You must be 15 years or older to use the mytinybaby.com service. By registering for the mytinybaby.com service, you represent and warrant that you are 15 or older and that you have the capacity to understand, agree to and comply with these Terms of Service.
You must provide true, accurate and complete registration information to be an mytinybaby.com member ("Member"). As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
appropriate conduct and content; personal use only
The mytinybaby.com service is made available for your personal, non-commercial use only. Businesses, organizations or other legal entities may not use the mytinybaby.com service for any purpose.
You may not use the mytinybaby.com service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ("Materials") that you submit, post, and display on the mytinybaby.com service.
We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service.
Other examples of illegal or unauthorized uses include, but are not limited to:
modifying, adapting, translating, or reverse engineering any portion of the mytinybaby.com service;
removing any copyright, trademark or other proprietary rights notices contained in or on the mytinybaby.com service;
using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the mytinybaby.com service;
collecting any information about other Members (including usernames and/or email addresses) for unauthorized purposes;
reformatting or framing any portion of the web pages that are part of the mytinybaby.com service;
creating user accounts by automated means or under false or fraudulent pretenses;
creating or transmitting unwanted electronic communications such as "spam," or chain letters to other Members or otherwise interfering with other Member's enjoyment of the service;
submitting Materials of any third party without such third party's prior written consent;
directing any user (for example, by linking) to any Materials of any third party without such third party's prior written consent;
submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by mytinybaby.com;
submitting Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party;
transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature;
submitting Materials that are unlawful or promote or encourage illegal activity; or
submitting false or misleading information.
While mytinybaby.com prohibits such conduct and content on its site, you understand and agree that you nonetheless may be exposed to such Materials and that you use the mytinybaby.com service at your own risk.
mytinybaby.com's proprietary rights
By submitting, posting or displaying any Materials on or through the mytinybaby.com service, you automatically grant to us a worldwide, non-exclusive, sublicenseable, transferable, royalty-free, perpetual, irrevocable right to copy, distribute, create derivative works of, publicly perform and display such Materials. That said, our use of your personal information is governed by our Privacy Policy and we will never rent, sell or share your personal information with any third party for marketing purposes without your express permission.
mytinybaby.com retain all rights in the mytinybaby.com Web site and service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by mytinybaby.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of mytinybaby.com's proprietary information.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.
privacy policy Our collection and use of personal information is governed by our Privacy Policy. Click here to review the mytinybaby.com Privacy Policy. You understand and agree that mytinybaby.com may access, preserve, and disclose your personal information and the contents of your account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights and property of mytinybaby.com, its affiliates or the public.
disclaimer of warranties
mytinybaby.com disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed on the mytinybaby.com service.
THE MYTINYBABY.COM SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE MYTINYBABY.COM SERVICES), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. MYTINYBABY.COM EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
YOU AGREE THAT YOUR USE OF THE MYTINYBABY.COM SERVICE IS ENTIRELY AT YOUR OWN RISK.
hold harmless and indemnity
You agree to hold harmless and indemnify mytinybaby.com from and against any third party claim arising from or in any way related to your use of the mytinybaby.com service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
limitation of liability
UNDER NO CIRCUMSTANCES WILL MYTINYBABY.COM BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE MYTINYBABY.COM SERVICE, WHETHER OR NOT MYTINYBABY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE MYTINYBABY.COM SERVICE, FROM INABILITY TO USE THE MYTINYBABY.COM SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE MYTINYBABY.COM SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
term and termination
These Terms of Service will apply to your use of the mytinybaby.com service. At any time, you can terminate your account which will remove your profile and other personal information from view. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the mytinybaby.com service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
notices
we may provide you with notices regarding the mytinybaby.com service or these Terms of Service by email, or postings to this Web site.
miscellaneous provisions
Without limiting the foregoing, under no circumstances shall mytinybaby.com be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service constitute the entire agreement between you and mytinybaby.com with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.
copyright information
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.
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