Babyblogger Terms of Service

By using our Service you agree to be bound by Part A of these Terms which contains provisions applicable to all users of our Service, including casual visitors. If you choose to register as a member of, or make a purchase through, our Service, you are also assumed to have also read and agree to be bound by the additional wording set out in Part B of these Terms.

Part A: Provisions applicable to all Users of the Service (Whether Registered or Not)

  1. Operator

    This Service is operated by Babyblogger.com, also referred to in these Terms as "Babyblogger", "we", and "us".

  2. Purpose of the Service

    Babyblogger.com offers an online service one can view, edit or purchase personal web sites for their children or children of friends and family.

  3. Availability

    Babyblogger.com uses reasonable endeavors to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Babyblogger.com. You agree that Babyblogger.com shall not be liable to you for any modification, suspension or discontinuance of the Service. You are responsible for creating backups of any content you post to the Service.

  4. Privacy

    We have a firm commitment to safeguarding your privacy. Please review Babyblogger.com's Privacy Policy. The terms of our privacy policy are incorporated into, and considered part of, these Terms.

  5. Trademarks

    All brand, product and service names used in this Service which identify Babyblogger.com or third parties and their products and services are proprietary marks of Babyblogger.com, and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Babyblogger.com, or any third party with respect to any such image, logo or name.

  6. Copyright

    Babyblogger.com is, unless otherwise stated, the owner of all copyright and database rights in the Service and its contents. You may not publish, distribute, extract, re-utilize or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set out in our Copyright Notice.

  7. External Links

    From time to time Babyblogger.com may provide links that will take you to other, third party websites. These links are provided for your convenience. If you decide to access linked websites you do so at your own risk. We do not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that Babyblogger.com is not liable for any loss or damage that you may suffer by using other websites.

  8. Amendment of the Terms

    We reserve the right to amend these Terms from time to time. If you have registered as a member, we shall notify you of any material changes to these Terms by email sent to the address you have provided to Babyblogger.com for your account. If you continue to use the Service once you have been notified of the changes to these Terms, you will be deemed to have accepted those changes.

  9. Disclaimer of Warranty and Limitation of Liability

    BABYBLOGGER.COM agrees that all services will be carried out with reasonable skill and care, and will be of satisfactory quality and reasonably fit for their purpose:

    THE SERVICE, BABYBLOGGER.COM'S SITES AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY US "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, Babyblogger.com DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE.

    YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR FILM IMAGE TO BABYBLOGGER.COM, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT.

    EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, BABYBLOGGER.COM'S SITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF BABYBLOGGER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

  10. Conduct

    You agree not to use the Service:

    1. for any unlawful purposes;
    2. to upload, post, order for print, email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
    3. to upload, post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to Babyblogger.com;
    4. to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
    5. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
    6. to upload, post, email or otherwise transmit any material which is likely to cause harm to Babyblogger.com or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
    7. to make images hosted by Babyblogger.com available for viewing by the general public (other than your invited guests) through a publicly posted link to the image or otherwise;
    8. to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
    9. to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity; or
    10. to collect, intercept or harvest screen names, to collect, intercept or store personal data about other users of the Service or to solicit or attempt to discover a user's password, screen name or other registration information without the user's express knowledge and consent.

    You further agree that you shall not:

    1. interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or
    2. provide any information to (other than your invited guests) that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; or
    3. resell the Service or any portion of the Service.
  11. General

    These Terms constitute the entire agreement between Babyblogger.com and you with respect to your use of the Service. Babyblogger.com's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.

  12. Comments

    If you have any comments or questions about the Service please contact us.

Part B: Additional Provisions Applicable to Registered Members and Customers

In addition to the provisions of Part A of these Terms, the following provisions shall apply to registered members and customers of the Service.

  1. Registration

    You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.

  2. Password

    When you register as a member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify Babyblogger.com immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.

  3. Formation of a Binding Contract

    No contract will exist between you and Babyblogger.com for the supply of any services or products unless and until Babyblogger.com accepts your order by a confirmatory e-mail or other appropriate means of communication.

  4. Pricing and Delivery

    All prices are stated in U.S. dollars and are valid until altered by us. In the event that you order products and the price published on the Service was incorrect, Babyblogger.com will contact you to let you know the correct price and ask you whether you still wish Babyblogger.com to fulfill your order at the correct price.

  5. Right to Return

    You may not return any item, under any circumstances.

  6. Responsibility for Your Images and Text

    You are responsible for all of the images you upload and text your enter, share or copy using the Service. You must have the legal right to copy and display each image that you upload, share or print. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources, are protected by copyright and should not be uploaded, shared or copied using the Service.

  7. Monitoring of Content

    Babyblogger.com does not control the content of members' accounts and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Service.

  8. Suspension and Termination of Access and Membership

    You agree that Babyblogger.com may at any time without notice:

    1. refuse to accept your application to become a member;
    2. move, change, or suspend any part of the Service; or
    3. refuse to fulfill any order, or any part of any order or terminate your account and delete any content stored in your account if, in Babyblogger.com's sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires us to do so.
  9. Termination of Service

    We may elect, in our sole discretion, to terminate the Service.

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