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.
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 email@example.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.
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.
C. 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Updated: April 29, 2023