THIS DOCUMENT SETS OUT THE TERMS AND CONDITIONS (“TERMS”) ON WHICH BABYDIGEST SUPPLIES THE SERVICES (“SERVICES”) OFFERED THROUGH ITS WEBSITE, WHICH IS LOCATED AT www.getbabydigest.com (“APP”).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE COMMITTING TO MAKE USE OF ANY OF THE SERVICES. YOU ACKNOWLEDGE THAT BY USING AND/OR REGISTERING WITH THE APP, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU WILL NOT BE ABLE TO REGISTER WITH THE APP OR TO USE THE SERVICES OFFERED BY BABYDIGEST.
YOU ARE ADVISED TO PRINT AND RETAIN A COPY OF THESE TERMS AND CONDITIONS FOR YOUR FUTURE REFERENCE.
THESE TERMS AND CONDITIONS MAY BE SUBJECT TO CHANGE FROM TIME TO TIME, AND ACCORDINGLY YOU ARE ADVISED TO REFER BACK TO THESE TERMS AND CONDITIONS BEFORE REGISTERING WITH THE APP.
INFORMATION ABOUT THE APP
- INFORMATION ABOUT BABYDIGEST
- The App is owned and managed, operated and maintained by MapThatPad LLC (“MapThatPad”), a company registered in the United States and having its registered address at 501 W 123rd Street, Suite #5D New York, NY 10027.
- MapThatPad may be contacted at 12 Shepardson Lane, Alameda CA 94502 or by email at email@example.com
- To use the App you must be a user (“User”). The App allows Users to post, link, store, share and otherwise make available certain information, images, videos, text and/or other content (“Content”) with other Users of the App with whom the Content owner has connected via the App (these other Users being referred to as “Connected Users”).
- MapThatPad shall be entitled at its own discretion to suspend the App at any time and for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the App, including but not limited to preventing you from using any of the Services available on the App.
- MapThatPad reserves the right to make any changes to the App including any functionalities and content therein or to discontinue any aspect of the same without notice to you.
- MapThatPad relies on third party providers (such as network providers, data centres and telecommunication providers) to make the App and the content therein and the Services available to you. Whilst MapThatPad takes all reasonable steps available to it to provide you with a good level of service, you acknowledge and agree that MapThatPad does not warrant that the App shall be uninterrupted or fault-free at all times. MapThatPad therefore shall not be liable in any way for any losses you may suffer as a result of delays or failures of the Services and App as a result of MapThatPad’s service providers.
- The App may include links to other websites and services that are not operated by MapThatPad. MapThatPad provides such links to you only as a convenience and is not responsible for the content or links displayed on such websites. You are responsible for and assume all risk arising from your use or reliance of any third party websites or services.
- In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, MapThatPad will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- By registering your details with the App, you warrant that:
- you are legally capable of entering into binding contracts;
- you are at least 18 years old;
- you are not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms for the use of the Services; and
- you are the legal guardian of any child or children you add to your Account.
FORMATION AND TERMINATION OF CONTRACT
- In order to use any of the Services offered on the App, you will need to complete the online registration form and set up an account (“Account”) as a User.
- By registering your details and setting up an Account you consent to MapThatPad conducting verification and security procedures in respect of the information provided by you online.
- You hereby warrant that the information provided by you to MapThatPad is true, accurate and correct. You further warrant that you shall promptly notify MapThatPad in the event of any changes to such information.
- Upon the completion and submission of the online registration form on the App, and once you have accepted MapThatPad’s Terms, you shall be sent a verification email to the email address you provided on the registration form.
- You shall keep your registration details for the App (“Login Details”) confidential and secure. Without prejudice to any other rights and remedies available to MapThatPad, MapThatPad reserves the right to promptly disable your Login Details and suspend your access to the App in the event that MapThatPad has any reason to believe you have breached any of the provisions set out herein.
- You may link your Account to various webmail, social networking, and other online accounts (“Social Media Accounts”). You may only link your Account to your own Social Media Accounts. By linking your Account to your other Social Media Accounts, you expressly authorize MapThatPad to access your account information from such Social Media Accounts on your behalf as your agent and permit MapThatPad to access, use and, in some cases, store your account information. Where you have provided such authorisation, MapThatPad shall access and retrieve your account information from these sites on your behalf (in some cases, by using your username and password) to make certain information or services available to you through the App. For the avoidance of doubt, we will never post any information to any other social media service on your behalf unless you have actively requested that we do so.
- Notwithstanding the foregoing, MapThatPad reserves the right to:
- accept or reject your application to register for any reason; and
- suspend your Account and/or refuse you access to the Services and/or App (partly or wholly) if you breach any of the provisions hereunder.
YOUR USE OF THE APP
- Your contract with MapThatPad shall be formed at the time you commence your use of the App.
- You may terminate your contract with MapThatPad by contacting MapThatPad at any time by email at firstname.lastname@example.org or deleting your account.
- MapThatPad shall be entitled at its own discretion to discontinue the App and delete all Content at any time and for any reason whatsoever. In such event MapThatPad shall notify you not less than 30 days prior to discontinuing the App. During such period of notice you should ensure that you have procured a copy of all Content that you own and that you require.
EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
- You agree that you are solely responsible and liable for all activities carried out by your use of the App.
- Subject to clause 6.3 and all other Terms, you may submit Content via the App.
- You shall not submit any Content that, in MapThatPad’s reasonable opinion, may be deemed to be offensive, illegal, inappropriate or that in any way:
- promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harass or advocate harassment of another person;
- display pornographic or sexually explicit material;
- promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
- promote any illegal activities;
- provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
- promote or contain information that you know or believe to be inaccurate, false or misleading;
- engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of MapThatPad; or
- infringe any rights of any third party.
- You agree that MapThatPad may, at its sole discretion, choose to remove any Content or any part of the same that you upload to the App.
- You warrant and represent that you own or are licensed to use any and all copyright, patents, trade marks (whether registrable or non-registrable), designs, rights in databases, rights in software (including without limitation the source and object code) and all proprietary rights (“Intellectual Property Rights”) in all Content that you upload via the App.
- Nothing in these Terms will serve to transfer ownership of the Content or the Intellectual Property rights therein to MapThatPad. You hereby grant to MapThatPad:
- a non-exclusive, worldwide, perpetual, irrevocable licence to use your Content to the extent necessary for MapThatPad to provide the Service; and
- the right to grant to your Connected Users sub-licences in respect of your Content on the terms set out in clause 6.7.
- MapThatPad grants you a non-exclusive, worldwide, perpetual, irrevocable licence to view the Content made available to you by your Connected Users. For the express avoidance of doubt, you shall make no other use of another User’s Content except with the express written consent of the User who owns such Content.
- If you feel that any Content made available by another User is objectionable, please contact MapThatPad using the contact details set out on the App. MapThatPad shall use its reasonable endeavours to review the relevant Content as soon as is practicable and shall take such action as it deems necessary, if any at all.
- You shall not use any cheats, exploits or hacks or any other unauthorised third party software designed to modify or interfere with the Service.
- You further agree that at all times, you shall:
- not use your Login Details with the intent of impersonating another person;
- not allow any other person to use your Login Details;
- not use the App or any information provided to you by MapThatPad to engage in or promote any commercial activities, without the prior consent of MapThatPad;
- not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the App or in respect of the network;
- not infringe any rights of any third parties;
- contact MapThatPad at email@example.com you consider any Content posted by another User to breach any of the Terms herein;
- comply with all instructions and policies from MapThatPad from time to time in respect of the Services and the App;
- cooperate with any reasonable security or other checks or requests for information made by MapThatPad from time to time; and
- use the information made available to you on the App and through the Services at your own risk.
- In the event that you have a dispute with any other User of the App, you hereby release MapThatPad from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute.
INTELLECTUAL PROPERTY RIGHTS
- To the maximum extent permitted by applicable law the App is provided on an "as is" and “as available” basis without warranty of any kind, either express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, accuracy, completeness, current-ness, freedom from interruption, viruses or other defect, and non-infringement.
- If MapThatPad fails to comply with these Terms, MapThatPad shall be entitled to be given a reasonable opportunity to rectify any errors and to re-perform its obligations hereunder. Subject to clause 7.4, if MapThatPad’s failure to comply with its obligations is not remedied as in this clause 7.2, then MapThatPad’s total liability for all losses, damages, costs, claims and expenses howsoever arising shall be limited to $50.
- Subject to clause 7.4, MapThatPad shall not be liable for losses that result from its failure to comply with these Terms that fall into the following categories:
- consequential, indirect or special losses;
- loss of profits, income or revenue;
- loss of savings or anticipated savings, interest or production;
- loss of contracts;
- loss of opportunity or expectations;
- loss of goodwill and/or reputation;
- loss of opportunities;
- loss of data; or
- loss of management or office time whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
- Nothing in these Terms excludes or limits MapThatPad’s liability for:
- death or personal injury caused by its negligence;
- fraud or fraudulent misrepresentation; or
- ny other matter for which it would be illegal for MapThatPad to exclude or attempt to exclude its liability.
- MapThatPad does not in any way participate nor shall it be liable in any way for whatever reason for any communication, transaction, meet-up, set-up or relationship between you and other Users. MapThatPad therefore recommends that you take all safety precautions when contacting, socialising and engaging in social gatherings or meetings with other Users.
PRIVACY AND DATA PROTECTION
- MapThatPad and its licensors own all the Intellectual Property Rights relating to the App.
- You are expressly prohibited from:
- reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the App; and
- removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by MapThatPad or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of MapThatPad or could be considered an infringement of any of the rights in the Intellectual Property Rights owned by and/or licensed to MapThatPad.
- Provided that MapThatPad is unaware of any infringement of any third party intellectual property rights at the time you submit any Content, MapThatPad shall not be liable in any way to you or any third party for any breach of such rights subsequently notified to you or MapThatPad.
- If you have reason to believe that any of the terms herein have been breached or you have a complaint, please e-mail MapThatPad at: firstname.lastname@example.org or write to: 12 Shepardson Lane, Alameda, CA 94502. All notification and communication to MapThatPad should be sent to the contact details provided herein.
- If MapThatPad fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.
- A waiver by MapThatPad of any default shall not constitute a waiver of any subsequent default.
- No waiver by MapThatPad of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
- For the avoidance of doubt, references to ‘writing’ shall be deemed to include email.
- MapThatPad reserves the right to use third party suppliers or sub-contractors at any time and in any way in respect of the performance of its obligations under these Terms.
- If any of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
- These Terms and any document expressly referred to in them represent the entire agreement between you and MapThatPad in respect of your use of the App, and shall supersede any prior agreement, understanding or arrangement between you and MapThatPad, whether oral or in writing.
- You acknowledge that in entering into these Terms, you have not relied on any representation, undertaking or promise given by or implied from anything said or written whether on the App, the internet or in negotiation between you and MapThatPad except as expressly set out in these Terms.
- MapThatPad reserves the right to amend these Terms without prior notice to you, subject always that such amendments shall be notified to you on the App.
- These Terms are governed by and construed in accordance with United States law. The United States and California shall have exclusive jurisdiction over any disputes arising out of these Terms.