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.
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.
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.
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.
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.
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.
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 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.
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.
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.
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.
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.
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.
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.
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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