Baby Photo Generator Terms of Use
August 23, 2024AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement between you, either personally or on behalf of an entity (“you”), and Privacy Policy Baby AI Photo Generator (“Company,” “we,” “us,” or “our”), regarding your access to and use of the mobile application, as well as any related media forms, media channels, websites, mobile websites, or mobile applications (collectively, the “Application”). By accessing the Application, you agree that you have read, understood, and agree to be bound by all these Terms of Use. IF YOU DO NOT AGREE WITH ALL THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE APPLICATION AND MUST IMMEDIATELY CEASE USE. We reserve the right to change or modify these Terms of Use at any time and for any reason at our sole discretion. We will notify you of any changes by updating the “Updated” date of these Terms of Use, and you waive any right to receive specific notice of each change. It is your responsibility to periodically review these Terms of Use to stay informed of any updates. Your continued use of the Application after the date of any revised Terms of Use will constitute your acceptance of and agreement to the changes. The information provided on the Application is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement. Therefore, individuals who choose to access the Application from other locations do so on their own initiative and are solely responsible for compliance with local laws, as applicable.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, the Application is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Application (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by copyright, trademark laws, and various other intellectual property and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Application “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Application, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission. If you are eligible to use the Application, you are granted a limited license to access and use the Application and to download or print a copy of any portion of the Content you have properly accessed solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Application, the Content, and the Marks.
USER REPRESENTATIONS
By using the Application, you represent and warrant that: (1) all registration information you submit is true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update it as necessary; (3) you have the legal capacity and agree to comply with these Terms of Use; (4) you will not access the Application through automated or non-human means, whether through a bot, script, or otherwise; (5) you will not use the Application for any illegal or unauthorized purpose; and (6) your use of the Application will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Application (or any portion thereof).
PROHIBITED ACTIVITIES
You may not access or use the Application for any purpose other than that for which it is made available. The Application may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us. As a user of the Application, you agree not to: 1. Systematically retrieve data or other content from the Application to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission. 2. Make unauthorized use of the Application, including collecting usernames and/or email addresses of users by electronic or other means for sending unsolicited emails or creating user accounts by automated means or under false pretenses. 3. Use the Application to advertise or offer to sell goods and services. 4. Circumvent, disable, or otherwise interfere with security-related features of the Application, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Application and/or Content. 5. Engage in unauthorized framing of or linking to the Application. 6. Trick, defraud, or mislead us or other users, especially to obtain sensitive account information such as user passwords. 7. Make improper use of our support services or submit false reports of abuse or misconduct. 8. Engage in any automated use of the system, such as using scripts to send comments or messages, or using data mining, robots, or similar tools. 9. Interfere with, disrupt, or create an undue burden on the Application or the networks or services connected to the Application. 10. Attempt to impersonate another user or person or use another user's username. 11. Use any information obtained from the Application to harass, abuse, or harm another person. 12. Attempt to bypass any measures of the Application designed to prevent or restrict access to the Application. 13. Harass, annoy, intimidate, or threaten any of our employees or agents providing any part of the Application. 14. Delete copyright or other proprietary rights notices from any Content. 15. Copy or adapt the Application’s software, including but not limited to Swift, JavaScript, Java, or other code. 16. Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material that interferes with the uninterrupted use of the Application or modifies, impairs, disrupts, or interferes with the Application’s use, features, functions, or maintenance. 17. Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or similar devices. 18. Use, launch, develop, or distribute any automated system, including spiders, robots, cheat utilities, scrapers, or offline readers that access the Application, or launch any unauthorized scripts or software. 19. Disparage, tarnish, or otherwise harm us or the Application in our opinion. 20. Use the Application in a manner inconsistent with any applicable laws or regulations.
MOBILE APPLICATION LICENSE
Use License: When you access the mobile application, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including copyright or trademark notices) posted by us or the licensors of the application; (5) use the application for any revenue-generating endeavor, commercial enterprise, or purpose for which it is not designed; (6) make the application available over a network or environment allowing access or use by multiple devices or users simultaneously; (7) use the application to create a product, service, or software that is competitive with or a substitute for the application; (8) use the application to send automated queries to any website or unsolicited commercial e-mails; or (9) use any proprietary information or interfaces or other intellectual property in designing, developing, manufacturing, licensing, or distributing any applications, accessories, or devices for use with the application.
Apple and Android Devices: The following terms apply when using a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”): (1) the license granted is limited to a non-transferable license to use the application on a device using Apple iOS or Android operating systems, per the App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services as specified in these Terms of Use or required by law, and the App Distributor has no obligation to provide maintenance and support services; (3) if the mobile application fails to conform to any applicable warranty, you may notify the App Distributor, which may refund the purchase price, if any, and to the maximum extent permitted by law, the App Distributor will have no other warranty obligation; (4) you represent and warrant that (i) you are not in a country subject to a U.S. government embargo or designated by the U.S. as a “terrorist supporting” country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with third-party terms when using the mobile application; and (6) the App Distributor and its subsidiaries are third-party beneficiaries of these Terms of Use and will have the right to enforce these Terms of Use against you.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Application (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Application. We may terminate your use or access to the Application at any time, for any reason, including any violation of these Terms of Use. Upon termination, your right to use the Application will cease immediately. We reserve the right to discontinue or modify the Application at any time, without notice, and shall not be liable to you or any third party for any such discontinuance or modification.
GOVERNING LAW
These Terms of Use and your use of the Application shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law principles. Any legal action or proceeding arising out of or related to these Terms of Use or the Application shall be brought exclusively in the courts located in [Your County/State], and you consent to the jurisdiction of such courts.
DISPUTE RESOLUTION
Any disputes or claims arising out of or relating to these Terms of Use or the Application shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in [Your County/State], and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OR OUR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING FROM OR RELATED TO YOUR USE OF THE APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DISCLAIMER
THE APPLICATION IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK.
CONTACT US
If you have any questions about these Terms of Use, please contact us at kendryekfoss@gmail.com.