Terms Of Use - App

Terms Of Use - App


TERMS OF USE AGREEMENT

BY INSTALLING OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS Terms Of Use Agreement. IF YOU DO NOT AGREE TO End User License Agreement, THEN YOU SHOULD NOT USE THE SERVICE. BabyGenerator, (we or the Company) may change these Terms Of Use Agreement at any time without notice, effective upon its posting to the App. Your continued use of the App shall be considered your acceptance to the revised Terms Of Use Agreement. If you do not agree to these Terms Of Use Agreement, please do not use this App.

1. Eligibility

You must be at least 13 years of age to access or use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept this Agreement on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates this Agreement.

2. User Accounts and Account Security

If you choose to login to the Services via a third-party platform or social media network, you will need to use your credentials (e.g., username and password) from a third-party online platform. You must maintain the security of your third party account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account.

3. Privacy

Please refer to our Privacy Policy

4. Prohibited Conduct and Content

You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:

  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
  • Use or attempt to use another user’s account without authorization from that user and BabyGenerator;
  • Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
  • Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
  • Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
  • Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
  • Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates this Agreement.

You may also only post or otherwise share User Content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User Content that:

  • Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
  • Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
  • May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
  • Impersonates, or misrepresents your affiliation with, any person or entity;
  • Contains any unsolicited promotions, political campaigning, advertising or solicitations;
  • Contains any private or personal information of a third party without such third party’s consent;
  • Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose BabyGenerator or others to any harm or liability of any type.

Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, page headers, button icons, scripts, service marks, logos, slogans, filters, user generated filters and other content contained therein (collectively, the “BabyGenerator Content”) are owned by or licensed to BabyGenerator. Except as explicitly stated in this Agreement, BabyGenerator and our licensors reserve all rights in and to our Services and the BabyGenerator Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and BabyGenerator Content for your own personal use; however, such license is subject to this Agreement and does not include any right to: (a) sell, resell or commercially use our Services or BabyGenerator Content; (b) copy, reproduce, distribute, publicly perform or publicly display BabyGenerator Content, except as expressly permitted by us or our licensors; (c) modify the BabyGenerator Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or BabyGenerator Content, except as expressly set forth in this Agreement; (d) use any data mining, robots or similar data gathering or extraction methods; or (e) use our Services or BabyGenerator Content other than as expressly provided in this Agreement. Any use of our Services or BabyGenerator Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted under this Agreement. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the BabyGenerator Content.

The App may contain links to websites, applications or other products or services operated by other companies (“Third Party Platforms”). BabyGenerator does not endorse, monitor or have any control over these Third Party Platforms, which have separate End User License Agreement and privacy policies. BabyGenerator is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.

7. User Interaction Disclaimer

You are solely responsible for your interactions with other people, whether online or in person. BabyGenerator is not responsible or liable for any loss or damage resulting from any interaction with other App users, persons you meet through the App, or persons who find you because of information posted on, by or through the App. You agree to take reasonable precautions in all interactions with other users on the App, and conduct any necessary investigation before meeting another person. BabyGenerator is under no obligation to become involved with any user dispute, but may do so at its own discretion.

8. Warranty Disclaimer

BabyGenerator is not responsible or liable for any Personal Information posted on the App or for any offensive, unlawful or objectionable content you may encounter on or through the App. The App is provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, BabyGenerator disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. BabyGenerator cannot guarantee and does not promise any specific results from use of the App. BabyGenerator does not represent or warrant that the App will be uninterrupted or error-free, that any defects will be corrected, or that this App or the server that makes the App available are free of viruses or anything else harmful. To the fullest extent permitted by law, BabyGenerator does not make any warranties or representations regarding the use of the materials or Content in the App in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the App, loss of data or other harm of any kind that may result. BabyGenerator reserves the right to change any and all Content and other items used or contained in the App at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

9. Limitation of Liability

BabyGenerator AND THE OTHER BabyGenerator PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF BabyGenerator OR THE OTHER BabyGenerator PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TOTAL LIABILITY OF BabyGenerator AND THE OTHER BabyGenerator PARTIES, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ACCESS OR USE OUR SERVICES.

The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of BabyGenerator or the other BabyGenerator Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

10. Severability

If any provision in these End User License Agreement is held invalid, the remainder of these End User License Agreement shall continue to be enforceable. If any provision in these End User License Agreement is deemed unlawful, void or unenforceable, then that provision is deemed severable from these End User License Agreement and the remaining provisions are still valid and enforceable.

11.Termination

You agree that BabyGenerator has the right to suspend or deactivate your account or your access to certain parts of BabyGenerator at any time and without notice or liability to you. Upon such termination we might delete your account and other information related to your account. Reason for such termination could be violations of this agreement, requests from law enforcement or other government agency requests, but it is not limited to any of these.


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