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Terms and Conditions
Welcome to Baby Records. Primary goal of our application and
services we are providing is increasing of understanding baby
behavior and better following most important baby activities.
After one year of adding and following most important key points
we are offering even nicer application called Baby Custom Diary.
Where all baby history, funny moments, etc will be combined and
user will be able to generate his own custom baby diary.
BabyRecords websites for both application (web and native) are
copyrighted materials belonging to BabyRecords. In this document
'Products' are referring to BabyRecords application,
CustomBabyDiary and third party service provider partners
Your use of the Products is subject to the terms and conditions
set forth below (these “Terms of Use”).
PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE PRODUCTS,
CREATING AN ACCOUNT (DEFINED BELOW), OR PAYING FOR THE PRODUCTS
(DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND
REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD OR ARE
THE LEGAL AGE OF MAJORITY IN YOUR PROVINCE, TERRITORY OR COUNTRY.
IF YOU (A) ARE UNDER THE AGE OF EIGHTEEN AND NOT A PERMITTED USER
(A PERMITTED USER MAY BE SOMEONE UNDER 18 OR THE LEGAL AGE OF
MAJORITY WHO HAS THE EXPRESS CONSENT OF HIS OR HER PARENT OR
GUARDIAN TO USE THE PARENT’S OR GUARDIAN’S ACCOUNT) OR (B) DO NOT
WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE
THE PRODUCTS OR CREATE AN ACCOUNT. BABYRECORDS DOES NOT PROMISE,
GUARANTEE OR WARRANT ANY SPECIFIC RESULTS FROM YOUR USE OF THE
PRODUCTS.
THESE TERMS OF USE CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR
RIGHTS,OBLIGATIONS, LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO
YOU, INCLUDING A CHOICE OF LAW PROVISION, AND A FORUM SELECTION
CLAUSE.
To access and use certain features of the Products you may be
required to agree to certain additional terms and conditions and
to register for those features. All such additional terms and
conditions are hereby made a part of these Terms of Use. In the
event of any conflict or inconsistency between these Terms of Use
and any additional terms and conditions, the additional terms and
conditions will control but solely with respect to the subject
matter thereof.
1. Account.
In order to access and use our Products, you must have
an account (“Account”) that contains certain information about
you. You represent and warrant that (a) all required information
you submit is truthful and accurate; and (b) you will maintain the
accuracy of such information. You may delete your Account at any
time, for any reason, by following the instructions in the Product
or contacting us at info@hbaby-records.com. We may suspend or
terminate your Account in accordance with Section 18
(Termination). You are responsible for maintaining the
confidentiality of your Account login information and are fully
responsible for all activities that occur under your Account. You
agree to immediately notify us of any unauthorized use, or
suspected unauthorized use, of your Account or any other breach of
security. We cannot and will not be liable for any loss or damage
arising from your failure to comply with these requirements.
2. Fees.
A. We provide access to certain features in our Products
on a paid basis (each, a “Paid Offering”). Upon using any Paid
Offering, you will be responsible for the payment of the
applicable fees as described in our Products. You acknowledge that
we reserve the right to change our fees from time to time in our
discretion. We will notify you of such changes by posting a notice
on our Products or sending you an email notice to the email
address you provided for your Account. You hereby authorize us to
bill your credit card or other payment method as described in this
Section.
B. Free Trial. We may offer a free trial of the Paid
Offerings, the duration of which may change from time to time. You
will not be charged for the Paid Offerings during the trial period
nor will we collect your payment information or start a
subscription for you automatically after your free trial period
ends without consent. Unless communicated otherwise, free trials
are only available to new users of BabyRecords and you may receive
your free trial offer only once. Once the trial period ends, you
can continue to use the Products for free but will no longer have
access to the Paid Offerings unless you pay for the products. If
you subscribe to a Paid Offering before your free trial period
ends, your subscription will start immediately and your free trial
will end.
3. You are responsible for paying all fees and applicable taxes
associated with our Paid Offerings in a timely manner with a valid
payment method. If your payment method fails or any amounts owed
to BabyRecords are past due, we may collect fees owed using other
collection mechanisms (including retaining collection agencies and
legal counsel) or suspend your Account and/or access to any or all
(whether or not a Paid Offering) Products. For Paid Offerings that
are paid with a recurring subscription, all subscriptions
automatically renew upon the expiration of the then-current
subscription period, unless canceled earlier, which you may do by
contacting us as set forth in Section 24 (Contact Information)
below. We will automatically bill your credit card or other
payment method on the date that your subscription to the
applicable Paid Offering begins, and each date thereafter on which
a successive subscription period begins, until you cancel your
subscription to that Paid Offering. If we change our subscription
fees, any such change will not apply until your next subscription
period.
4. Proprietary Rights
A. Products and Site Content; Ownership; and
License. BabyRecords owns and provides the Products. The content
and information available on the Products (the “Site Content”)
including data created as you use the Products ("Product Data",
see item 4B) and user feedback ("Feedback", see item 4C) but
excluding any content submitted by users of the Products ("User
Content", see item 4D), is owned by BabyRecords and its licensors.
Subject to these Terms of Use, BabyRecords grants you a limited
license to: (i) access and use the Products solely for your
personal, non-commercial purposes; (ii) install and use the
Products on your own mobile phone or tablet device, in executable
object code format only, for your personal, non-commercial use;
and, (iii) reproduce portions of the Site Content for the sole
purpose of reviewing such Site Content as a visitor to the
Products. You agree not to remove any copyright, trademark or
other proprietary rights notices contained in or on the Products
or Site Content; or "frame" or "mirror" any part of our Products
or Site Content without prior written consent from BabyRecords.
Any unauthorized use, reproduction, modification, distribution,
display, or performance of the Products or any Site Content is
strictly prohibited. You shall not disassemble, reverse compile or
reverse engineer any part of the Products or Site Content.
BabyRecords and its licensors reserve all rights not granted in
these Terms of Use.
B. Product Data; Ownership; and License. The
information that is created when you sign up to use our Products
or in fact use our Products; for example, data regarding your
child’s activities, information you provide to us in
questionnaires or data generated by your use of or progress in the
Products (collectively, “Product Data”); is owned by BabyRecords
and its licensors.
C. Feedback; Ownership; and License. If you
provide any comments, testimonials, feedback or suggestions to
BabyRecords regarding the Products, BabyRecords may use such
Feedback for any purpose. So that we may incorporate such Feedback
into BabyRecords’s Products and/or BabyRecords’s services,
BabyRecords alone will own all right, title and interest,
including all related intellectual property rights, in and to all
such Feedback, and in consideration for your use of the Products
and Site Content, you hereby assign such Feedback to BabyRecords
free of charge.
D. User Content; Ownership; and License. User
Content refers to any publicly available content that you submit
to us, such as a profile photo or any added record in column. User
Content does not include Product Data. We do not claim ownership
in any of your User Content. You hereby grant us a worldwide,
perpetual, irrevocable, non-exclusive, fully-paid and royalty-free
license, with the right to sublicense through multiple levels, to
store, reproduce, perform, display, transmit, distribute, create
derivative works of, and otherwise use your User Content in
connection with providing our Products. You agree to irrevocably
waive (and cause to be waived) any claims and assertions of moral
rights or attribution with respect to your User Content. You
should only upload your User Content to our Products (a) for which
you are willing to grant the licenses described above and (b) for
which you have sufficient rights to grant the licenses described
above.
E. No Implied Licenses. There are no implied licenses
granted in these Terms of Use.
5. Acceptable Use and Conduct.
You are solely responsible for your
User Content. You assume all risks associated with use of your
User Content, including any reliance on its accuracy, completeness
or usefulness by others, or any disclosure of your User Content
that makes you or any third party personally identifiable. You
agree that you will use the Products in a manner consistent with
any and all applicable laws and regulations.
A. Prohibited
Content. You agree that you will not post, exchange, make
available, provide, or process any Prohibited Content on the
Products. “Prohibited Content” means content that: (a) we believe,
in our sole discretion, is objectionable, offensive, harmful
(i.e., computer viruses) or unlawful or content that may cause
harm to us, our Products and other users, directly or indirectly.
B. Breach. Any use of our Products in violation of these Terms of
Use may result in, among other things, immediate suspension or
termination of your Account and/or suspension or termination of
your rights to use our Products. All suspension decisions are made
in our sole discretion and may be made without prior notice to
you. In order to cooperate with legitimate governmental requests,
subpoenas or court orders, to protect our systems, affiliates,
service providers, partners, and other users, or to ensure the
integrity and operation of our business and systems, we may access
and disclose any information or content we consider necessary or
appropriate, including your Account information (i.e. name, email
address, etc.), IP address and traffic information, usage history,
and your User Content. All such disclosures shall be made in
compliance with our Privacy Policy, which can be found at
baby-records.com/privacy-policy.
C. Enforcement by Us. We have the
right (but not the obligation) to review any or all portions of
your User Content and delete (or modify) any of your User Content
from our Products for any reason, including if we believe, in our
sole discretion, your User Content violates these Terms of Use or
is Prohibited Content, or may otherwise threaten the safety of, or
harm any other person, or create liability for us or any other
person. We reserve the right (but have no obligation) to
investigate and take appropriate action, including removing the
Prohibited Content from our Products (or modifying it), suspending
or terminating your Account and/or suspending or terminating the
provision of our Products, and reporting you to law enforcement
authorities, in our sole discretion, if you violate this provision
or any other provision of these Terms of Use.
D. No Disruption.
You will not: (a) cover or obscure any advertisements on any web
page that is part of our Products via HTML/CSS, scripting, or any
other means; (b) harvest, collect, gather or assemble information
or data regarding other users, including email addresses, without
their consent; (c) interfere with, disrupt, or create an undue
burden on servers or networks connected to the Products or violate
the regulations, policies or procedures of such networks; (d)
attempt to gain unauthorized access to the Products or other
computer systems or networks connected to or used together with
the Products, through password mining or other means; (e) harass
or interfere with another user’s use and enjoyment of the
Products; or (f) introduce software or automated agents or scripts
to the Products so as to produce multiple accounts, generate
automated searches, requests and queries, or to strip, scrape, or
mine data from the Products.
6. Third Party Sites; Other Users and Third Party Referrals
A. Third Party Sites. The Products may contain links to other
websites or services operated by third parties or advertisements
for third parties (collectively, “Third Party Sites”). Third Party
Sites are not under our control and, therefore, we are not
responsible for the content of any Third Party Site or any link
contained in a Third Party Site. BabyRecords provides these links
only as a convenience and does not review, approve, monitor,
endorse, warrant, or make any representations with respect to
Third Party Sites. If you decide to access or use any of the Third
Party Sites linked to the Products, you do this entirely at your
own risk. Third Party Sites are not subject to these Terms of Use
or the BabyRecords Privacy Policy, but are subject to their own
terms and policies, including those relating to privacy, tracking
and data gathering practices.
B. Other Users. Each user of the
Products is solely responsible for any and all of his or her User
Content. Because we do not control User Content, you acknowledge
and agree that we are not responsible for any User Content and we
make no guarantees regarding the accuracy, currency, suitability,
or quality of any User Content, and we assume no responsibility
for any User Content. Your interactions with other users of our
Products are solely between you and such user. You agree that
BabyRecords will not be responsible for any loss or damage
incurred as the result of any such interactions. If there is a
dispute between you and any user, we are under no obligation to
become involved.
C. Third Party Referrals. We may provide
referrals to you of third party services that we believe may be
beneficial to you or your child (“Third Party Referrals”). Third
Party Referrals are not under our control and, therefore, we are
not responsible for any services they may provide. BabyRecords
provides these referrals only as a convenience and does not
review, approve, monitor, endorse, warrant, or make any
representations with respect to Third Party Referrals. If you
decide to contact or work with any Third Party Referral, you do
this entirely at your own risk.
7. No Medical Advice.
The Products, Site Content, User Content,
and your Product Data are for informational purposes only and are
not intended to substitute for professional medical advice,
diagnosis, or treatment. You should seek the advice of a
pediatrician or physician or other qualified health provider with
whom you have such a relationship if you have questions regarding
any medical condition or if you or your child are experiencing any
symptoms of or believe you may have any medical condition,
regardless of any information contained within the Products, Site
Content, User Content, or your Product Data. You should not ignore
professional medical advice or delay in seeking it because of any
information contained within the Products, Site Content, User
Content, or your Product Data. Furthermore, you should not
interpret any information contained within the Products, Site
Content, User Content, or your Product Data as recommending any
specific treatment plan, product or course of action. You should
always consult your pediatrician or physician or other qualified
health provider before starting any new treatment or stopping any
treatment that has been prescribed for you by your pediatrician or
physician or other qualified health provider. If you believe you
or your child are experiencing any negative effects or illness
from using the Products, you should immediately stop such use and
contact your pediatrician or physician or other qualified health
provider as well as BabyRecords at the address specified below. We
do not guarantee the accuracy, completeness or timeliness of any
information contained within the Products, Site Content, User
Content, or your Product Data.
8. Backups.
We are not obligated to back up any of your User
Content or your Product Data. You are solely responsible for
creating backup copies of and replacing any of your User Content
that you post or store on our Products.
9. Trademarks.
All trademarks, logos and service marks
(collectively, “Marks”) displayed on the Products are
BabyRecords’s property. You are not permitted to use these Marks
without BabyRecords’s prior written consent.
10. Privacy.
BabyRecords may collect certain personal information
from you in connection with your use of the Products. The
collection, use, and sharing of such personal information is
governed by the BabyRecords Privacy Policy
www.baby-records.com/privacy-policy.
11. WARRANTY DISCLAIMER.
BABYRECORDS IS PROVIDING THE PRODUCTS AND
ANY SERVICES PROVIDED BY BABYRECORDS HEREUNDER ON AN “AS IS” AND
“AS AVAILABLE” BASIS FOR USE AT YOUR OWN RISK. BABYRECORDS (AND
ITS SUPPLIERS) DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED,
OR STATUTORY, INCLUDING ANY WARRANTIES OF TITLE, NONINFRINGEMENT
OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, ACCURACY, AND QUIET ENJOYMENT. BABYRECORDS DOES NOT
PROMISE, GUARANTEE OR WARRANT ANY SPECIFIC RESULTS FROM YOUR USE
OF THE PRODUCTS. BABYRECORDS (AND ITS SUPPLIERS) DOES NOT WARRANT
THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT OR THAT THE
PRODUCTS OR ANY SERVICES PROVIDED BY BABYRECORDS HEREUNDER WILL BE
PROVIDED FREE OF VIRUSES OR OTHER HARMFUL CODE, UNINTERRUPTED, OR
ERROR FREE OR THAT ALL ERRORS WILL BE CORRECTED. THE SITE CONTENT
IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER BABYRECORDS NOR
ITS LICENSORS OR SUPPLIERS ARE ENGAGED IN RENDERING MEDICAL,
LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE SITE CONTENT
IS INTENDED SOLELY FOR YOUR INFORMATIONAL PURPOSES AND IS NOT
INTENDED AS MEDICAL ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR
TREATMENT, FOR ANY PROBLEM. IT IS ALSO NOT INTENDED AS A
SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED
HEALTHCARE PROVIDER FAMILIAR WITH YOUR OR YOUR CHILD’S UNIQUE
FACTS.
12. LIMITATION OF LIABILITY.
IN NO EVENT SHALL BABYRECORDS BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OF
USE, THE PRODUCTS OR ANY SERVICE PROVIDED BY BABYRECORDS
HEREUNDER, INCLUDING ANY DAMAGES RESULTING FROM LOSS OF USE, DATA,
OR PROFITS, WHETHER OR NOT BABYRECORDS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY.
BABYRECORDS’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR
RELATING TO THESE TERMS OF USE, THE PRODUCTS OR ANY SERVICE
PROVIDED BY BABYRECORDS HEREUNDER, WHETHER IN CONTRACT, TORT, OR
OTHERWISE, SHALL NOT EXCEED THE GREATER OF THE AMOUNTS PAID BY YOU
TO BABYRECORDS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR
SIXTY DOLLARS ($60). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT
ENLARGE THIS LIMIT. YOU ACKNOWLEDGE THAT OUR SUPPLIERS AND
LICENSORS WILL HAVE NO LIABILITY UNDER THESE TERMS OF USE.
13. Exclusions.
Some jurisdictions do not allow the exclusion of
certain warranties or the exclusion or limitation of liability for
consequential or incidental damages, so those specific limitations
that are not allowed in Sections 14 (Warranty Disclaimer) and/or
15 (Limitation of Liability) above, as applicable, may not apply
to you. The duration of any such warranty that may not be excluded
is limited to a period of thirty (30) days after your first use of
our Products, or, if such limitation on duration is not permitted
under applicable law, to the minimum period permitted under
applicable law.
14. Indemnification.
You agree to indemnify and hold BabyRecords
and its directors, officers, employees, agents, successors, and
assigns (collectively, the “Indemnified Parties”) harmless from
and against any claim, liability, loss, injury, damage, cost, or
expense (including attorneys’ fees) incurred by BabyRecords or any
Indemnified Party arising out of or relating to your: (a) use of
the Products; (b) your User Content; (c) your violation or breach
of any provision in these Terms of Use or your violation of any
rights of a third party; or (d) your violation of applicable laws
or regulations.
15. Termination.
These Terms of Use shall remain in full force and
effect for any period of time in which you are a user. You may
terminate your Account at any time and for any reason by providing
notice of termination to us by sending an email to
info@baby-records.com. We may suspend or terminate your Account
and/or suspend or terminate providing our Products to you (a)
immediately, if we, in our sole discretion, believe that you are
in breach of these Terms of Use; (b) at any time, if we decide, in
our sole discretion, to stop providing the applicable Product by
sending an email to you at the email address that you have
provided for your Account or posting a notice on our Products; or
(c) for any or no reason, by sending an email to you at the email
address that you have provided for your Account. If you terminate
your Account, we have no obligation to refund you any fees. If we
terminate your Account without cause, we will refund you a pro
rata portion of any fees that you have paid for the unused portion
of the applicable subscription period(s). You understand that any
termination of these Terms of Use and/ or your Account may involve
deletion from our databases of the information you provided in
connection with your Account. We will have no liability whatsoever
to you for any suspension or termination of your Account or any
suspension or termination of our Products, or any deletion of any
information you have provided to us. We may modify our Products at
any time, for any reason, in our sole discretion.
16. Amendment.
These Terms of Use may be amended by BabyRecords
from time to time. If we make material changes to these Terms of
Use, we may notify you by posting the revised Terms of Use on our
Products or notifying you at your primary email address (if any,
as specified in your Account information). You are responsible at
all times for updating your Account to provide to us your most
current email address. If the last email address that you have
provided to us is not valid, or for any reason is not capable of
delivering to you the notice described above, our dispatch of the
email containing such notice will nonetheless constitute effective
notice of the changes described in the notice. Any changes to
these Terms of Use will be effective immediately for new users of
our Products; otherwise these changes will be effective upon the
earlier of five (5) calendar days following our dispatch of an
email notice to you or five (5) calendar days following our
posting of a notice on our Products. Your continued use of our
Products five (5) calendar days after the changes are first
notified by BabyRecords as described above will constitute your
agreement to such changes. If you object to any change, your sole
recourse shall be to immediately terminate your Account and cease
using the Products. Except as otherwise provided in this Section
18, no amendment to these Terms of Use will be valid.
17. Contact Information.
If you have any questions about these
Terms of Use, please contact us by email at
info@baby-records.com
Updated: April 29, 2023
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