Baby Skills - Terms of Use
Baby Skills - Terms of Use
(effective from 1st Jan 2015)
IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY. THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF THE BABY SKILLS WEBSITE, MOBILE APPS AND OTHER SERVICES.
Welcome to Baby Skills, the website and mobile application for parents. The website and mobile applications, as well as all of the information, content and services they makes available to you (which, collectively are referred to as the "App"), are provided to you by the Baby Skills Team ("Baby Skills" or "We"). These Terms of Use (this "Agreement") sets forth the terms and conditions governing your use of this App. By accessing or using this App you accept and agree to be legally bound by this Agreement and our Privacy Policy, as they may be amended or supplemented from time to time.
Baby Skills may make changes to this Agreement from time to time in its sole discretion, by updating this posting on this App, and specifying the effective date of the new version of the Agreement. Your continued use of the App following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this App you should check to see if a new version of the Agreement has been posted.
If you have any questions or concerns with respect to this Agreement or the App you may contact a representative of Baby Skills by e-mail at [email protected].
This App is operated by Baby Skills from its offices in the United Kingdom. This App is directed to adults in the United Kingdom and is not intended for children under the age of 13.
The information that we obtain through your use of the App, whether collected through the registration process, submitted by you in posts to the App, or otherwise, is subject to our Privacy Policy. That Privacy Policy addresses our collection and use of the data you provide to us, including your rights relative to that information. Please review the Privacy Policy before you use the App. If you are unwilling to accept the terms and conditions of the Privacy Policy, you must not use the App.
A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials ("Content") is available on the App. Some of the Content is provided by Baby Skills or its suppliers, and other Content is provided by persons who use the App ("Users"), such as User opinions and views provided via posts to chat rooms, bulletin boards, or discussion forums. While Baby Skills strives to keep the Content that it posts on the App accurate, complete, and up-to-date, Baby Skills cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Baby Skills or its suppliers, or by Users of the App.
THE CONTENT AVAILABLE VIA THE WEB SITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER BABY SKILLS NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE.
SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT.
YOUR USE OF THE WEB SITE IS ALSO SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS IN THIS AGREEMENT AND THAT MAY APPEAR THROUGHOUT THE WEB SITE.
Baby Skills does not have any obligation to prescreen, edit, or remove any Content provided by Users that is posted on or available through the App. However, Baby Skills will have the right (but not the obligation), in its sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content.
You are responsible for all Content that you submit, post, or otherwise make available to or through the App. By doing so, you (1) represent and warrant to Baby Skills that such content is not confidential and that you have all necessary permission to submit, post and otherwise make available such Content; (2) grant to Baby Skills and its affiliates a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute (including, without limitation, making available on-line, electronically transmitting or otherwise communicating to the public), perform, and display such Content (in whole or part) worldwide via the App or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed; and (3) consent to all relevant acts or omissions in relation to your moral rights in such Content which may or might otherwise constitute a breach or infringement of those moral rights and to the extent permitted by law, waive all your moral rights in such Content.
You agree that you will not submit, post, or otherwise make available to or through the App any Content, that:
Details regarding our use of personally identifiable information included in User submitted Content are set out in our Privacy Policy.
If you wish to bring to our attention any unlawful activity associated with any Content posted by another User or otherwise available on the App, you must do so in accordance with our "Notice and Procedure for Making Complaints Regarding Content" as described below and we will address it in accordance with the procedures set forth there.
You agree to comply with all laws applicable to your use of the App. You also agree that you will not use the App in any way to:
This App is owned by Baby Skills. All right to, title to, and interest in the Content available via the App, the App's look and feel, the designs, trademarks, service marks, and trade names displayed on the App, and the App URLs, are the property of Baby Skills or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.
Baby Skills grants you a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute Content retrieved from the App only for your personal, noncommercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You may not use any Content available via the App in any other manner or for any other purpose without the prior written permission of Baby Skills. All rights not expressly granted in this Agreement are expressly reserved to Baby Skills.
All trademarks, service marks, logos and designs used on this App, whether registered or unregistered, are owned by Baby Skills or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by Baby Skills or its affiliates without our prior written consent.
Your dealings with advertisers or other third parties found on or accessible through the App 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, and any terms, conditions, warranties, or representations associated with such dealings.
Baby Skills does not make any representations or warranties with respect to any items or services that may be obtained from such third parties, and you agree that Baby Skills will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the App.
THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BABY SKILLS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
BABY SKILLS DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. BABY SKILLS MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEB SITE IS USED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
BABY SKILLS AND ITS 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.
ADDITIONALLY, IN NO EVENT WILL BABY SKILLS OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEB SITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (5) ANY OTHER MATTER RELATING TO THE WEB SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT BABY SKILLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to indemnify and hold harmless Baby Skills, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys' fees) directly or indirectly related to (1) your breach of the Agreement; or (2) the Content you submit, post, or transmit through the App.
If you believe that any specific Content available on the App either infringes your rights (including without limitation any intellectual property rights), or is otherwise unlawful, and you would like to file a complaint with us, please click here.
Baby Skills may at any time modify, discontinue, or suspend its operation of this App, or any part thereof, temporarily or permanently, without notice to you.
Baby Skills may at any time terminate your use of the App, or any part thereof, and may remove or delete any or all of your Content within the App, without prior notice to you, for any reason that Baby Skills, in its sole discretion, deems appropriate.
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.
This Agreement and the resolution of any dispute related to this Agreement or the App shall be governed by and construed in accordance with the laws of California without giving effect to any principles of conflicts of law. Any legal action or proceeding between Baby Skills and you related to the Agreement shall be brought exclusively in a court of competent jurisdiction sitting in San Francisco, California, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.