Terms of Use
Terms of Use
(Covering both MyBabyWay.com and its mobile counterpart)
Introduction
Thank you for visiting the My Baby Way website located at MyBabyWay.com (the “Site”). The Site is an internet property of My Baby Way Inc. (“My Baby Way,” “we,” “our,” or “us”). These Terms of Use (the “Agreement”) set forth the terms and conditions governing the (a) access or use of the Site; (b) access and/or views of any video, audio, stories, text, photographs, graphics, artwork and/or other content featured on the Site as made available by other Users (collectively, “User Submitted Content”) and/or My Baby Way (“My Baby Way Content,” and together with the User Submitted Content, “Content”); (c) access of links to My Baby Way social media pages/accounts on third party social media websites (collectively, “Social Media Pages”); and/or (d) use of the Site’s interactive features designed to facilitate interaction between you, My Baby Way Inc. and other Users on the Site (collectively, the “Interactive Services”).
Please review the terms of the Agreement carefully. These are general terms and conditions governing your use of the Site. By accessing or using this Site, the user accepts and agrees to be bound by the Agreement. Any participation in this service will constitute acceptance of this agreement. If a user does not agree to the Agreement in its entirety, that user is not authorized to use the Site in any manner or form.
Modifications to this Agreement
This agreement, together with our posted Privacy Policy as may be amended and updated from time to time, constitutes the entire and only agreement between Users and My Baby Way Inc. My Baby Way Inc. may make changes or discontinue parts to this Agreement from time to time at its sole discretion, by updating this posting on this Site, and specifying the effective date of the new version of the Agreement. Your continued use of the Site following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this Site, you should check to see if a new version of the Agreement has been posted.
Privacy Policy
We describe our current practices related to personally identifiable information collected through the Site in our Privacy Policy and that we may update our policies and practices from time to time at our sole discretion. For more information about our privacy policy, please visit this page here.
Requirements
This site is intended for persons over the age of 18. Not all content may be appropriate for users under the age of 18.
Your Use of Content and Information
This following is a disclaimer with respect to the content of the Site. We cannot guarantee, and are not responsible for, the accuracy, completeness, or timeliness of any Content on the Site. Any opinions, advice, statements or other information expressed or made available by users or third parties, including but not limited to bloggers and social media commenters, are those of the respective user or other third party, and not My Baby Way. My Baby Way does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Site. My Baby Way is not responsible for the any actions or inaction you make based on the content on the site. The content on My Baby Way is not intended to be used as medical advice. In addition, My Baby Way cannot promise that the Site will be uninterrupted or error free.
Limitations of Liability
MY BABY WAY INC. AND ITS PARENTS, SUBSIDIARIES AND/OR AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE WEB SITE. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT MY BABY WAY INC. IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL, CONDUCT OF USERS, USER GENERATED CONTENT OR THIRD PARTIES.
Indemnification
You agree to defend, indemnify and hold harmless My Baby Way Inc. and its parents, subsidiaries, affiliates, and each of their respective directors and employees and agents from and against all claims and expenses, including but not limited to attorney’s fees, arising out of your use of the Site. My Baby Way Inc. reserves the right to take the exclusive defense of any claim for which we are entitled to indemnification under this Section.
Contact with Third Parties
Your dealings with advertisers or other third parties found or accessible through the Site are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, any terms, conditions, warranties or representations associated with such dealings and use of the site. These links and advertisements are provided solely as a convenience to Users and should not be construed as an endorsement by My Baby Way of content, items, or services on those third party websites. Your access and use of such sites are at your own risk. The Site also contains links to various My Baby Way Social Media Pages. The Social Media pages are hosted and made available on third party websites (“Social Media Websites”) by third party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that My Baby Way Inc. shall not be liable to you, any other User, or any third party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites. In addition, we reserve the right, but are under no obligation, to edit or delete posts made on My Baby Way Social Media Pages.
Proprietary Rights
All video, audio, stories, text, photographs, graphics, artwork and/or other Content featured on the Site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, modifying, creation of derivative works or publication by any user or other third party of any part of My Baby Way Content is strictly prohibited unless with expressed permission by My Baby Way Inc. No User or other third party acquires ownership rights to any content, document, software, services or other materials viewed by or through My Baby Way. The posting of information or material by and through My Baby Way does not constitute a waiver of any right in or to such information and/or materials. In the case of permitted copying, redistribution or publication of copyrighted material, no changes or deletion of author attribution, trademark or copyright notice shall be made. You acknowledge that you do not acquire ownership rights of the Content by downloading copyrighted material.
User Generated Content
My Baby Way makes no claim of ownership of User Submitted Content. However, by posting any User Generated Content, including but not limited to photos, graphics, audio, video, or journals posted on My Baby Way, you grant My Baby Way and its affiliates, worldwide, nonexclusive, perpetual, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, publicly display or incorporate in other works in any form, media, or technology now known or later developed without compensation. By submitting User Generated Content, you represent that you are over EIGHTEEN (18) years old. If you are under eighteen (18) years old, you must a) be an emancipated minor or (b) have gained consent from a parent or guardian to submit User Generated content and enter into these Terms of Service and fulfill the obligations set forth here, which forms a binding contract between you and My Baby Way Inc.
Through your viewing of User Generated Content, you may be exposed to content that you might find offensive, harmful or deceptive. By viewing User Generated Content, you assume all associated risks in viewing the material.
Contact
If you have any questions or concerns regarding this Agreement or the Site, please contact My Baby Way through info@mybabyway.com.
This Agreement shall be construed under the laws of the State of New York.
Version 10/10/2016