theBABYjournal.com

1. Acceptance of Terms of Service: By completing the online sign up form you agree to be bound by the Terms of SErvice listed in this document and agree to use this site in a manner consistent with all applicable laws and regulations.

2. Registration Information/Privacy: theBABYjournal.com may disclose to third parties certain aggregate information contained in your registration application. We will not disclose your personal information without your prior written consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant.

theBABYjournal.com reserves the right to terminate your account at will without cause. Incorrect or false registration will result in immediate account deletion.

3. Modifications to these Terms of Service: theBABYjournal.com may modify these Terms of Service from time to time at its sole discretion. We will provide you with reasonable notice of any such changes; your continued use will signify your acceptance of any changes.

4. Modifications of Service Rendered: theBABYjournal.com may, at our discretion, add or delete features, and services.

5. Content by theBABYjournal.com Members: You alone are responsible for any content you post on theBABYjournal.com, including but not limited personal information (pictures and text) and the consequences of any such content. You agree not to use theBABYjournal.com to post or distribute material (including but not limited to text, graphics, video, programs or audio) that is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable, or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. You also agree not to post material that contains advertising or any form of commercial solicitation, and not to impersonate any other person or entity.

Do not post any personal information in your journal, including, but not limited to, email addresses, postal addresses, or phone numbers.

Do not post images of a sexual nature; if you do, we will terminate your account without refund.

theBABYjournal.com reserves the right to delete or remove any member content, and to terminate your account if we become aware and determine, at our sole discretion, that you are violating any of the foregoing guidelines.

theBABYjournal.com reserves the right to excerpt any member content, text or imagery, including but not limited to, text and images in your journal and feature it elsewhere on the theBABYjournal.com site.

6. Copyrighted Material: theBABYjournal.com respects the intellectual property of others and we ask that our users do the same. All material in theBABYjournal.com, including, without limitation, text, software, photos, video, graphics, music and sound, is protected by U.S. and international copyright laws, both as individual works and as a collection. The downloading or use of copyrighted material provided by theBABYjournal.com or a third-party content provider is allowed by members for personal use only. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any such copyrighted material in any format, electronic or otherwise without the explicit permission of theBABYjournal.com. Your access to content posted by other theBABYjournal.com members is also for your personal use only. If you want to redistribute such content, it is your responsibility to obtain permission from the member who posted it. Any material protected by copyright may not be posted on theBABYjournal.com without the express permission of the author or owner of the copyright on that material.

If you believe that your copyrighted work has been infringed and you want us to take down or disable the infringement, please provide theBABYjournal.com copyright agent with the following information. The information requested is intended to substantially conform to the requirements set forth in the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (c)(3)(A).

a. A physical or electronic signature of a person authorized to act on behalf of the copyright owner or exclusive licensee.

b. Identification of the copyrighted work claimed to be infringed. If a notice refers to multiple works posted at a single location, it is sufficient to include a representative list of works infringed at the site.

c. Identification of the material claimed to be infringing including information reasonably sufficient to permit the service provider to locate the material. Specifically, a complete URL or URLs in the case of multiple works must be provided.

d. Information reasonably sufficient to permit us to contact the complaining party, including an address, telephone number, and email address.

e. A statement that the complaining party believes, in good faith, that the copyrighted material identified is being used in a manner that is not authorized by "the copyright owner, its agent, or the law."

f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Any notification by a copyright owner or a person authorized to act on the copyright owner's behalf that fails to comply with the provisions above shall not be considered sufficient notice and shall not be deemed to confer upon theBABYjournal.com actual knowledge of facts or circumstances from which infringing material or acts are evident.

The Designated Agent for Notice of claims of copyright infringement of theBABYjournal.com is:

theBABYjournal.com
P.O. Box 1578
Portsmouth, NH 03802-1578
email: thebabyjournal@thebabyjournal.com

The Designated Agent will accept reports alleging copyright infringement by persons using theBABYjournal.com services. Please send any allegations to the above address. The Digital Millennium Copyright Act requires that the complaint contain certain information.

7. Your Account and Password: You are responsible for maintaining the confidentiality of your account (email address and password). You are responsible for all uses of it's account, whether or not authorized by you. You agree to immediately notify theBABYjournal.com of any unauthorized use of its account. You agree to pay all charges that accrue to your account through your use or the use of those authorized by you. You may cancel your account at any time by emailing thebabyjournal@thebabyjournal.com.

8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY YOU EXPRESSLY AGREE THAT USE OF theBABYjournal.com IS AT YOUR SOLE RISK. theBABYjournal.com IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

theBABYjournal.com EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

theBABYjournal.com MAKES NO WARRANTY THAT theBABYjournal.com WILL MEET YOUR REQUIREMENTS, OR THAT theBABYjournal.com WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES theBABYjournal.com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF theBABYjournal.com OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH theBABYjournal.com. theBABYjournal.com IS NOT LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF theBABYjournal.com IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

theBABYjournal.com MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH theBABYjournal.com OR ANY TRANSACTIONS ENTERED INTO THROUGH theBABYjournal.com.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH theBABYjournal.com SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

theBABYjournal.com IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE theBABYjournal.com, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH theBABYjournal.com, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF theBABYjournal.com, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

9. Member Content Storage: theBABYjournal.com assumes no responsibility for the deletion of or failure to store your content.

10. Indemnification: You agree to indemnify theBABYjournal.com, it's partners, subsidiaries, affiliates, partner sites, officers and employees against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of theBABYjournal.com, the violation of these Terms of Service by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.

11. Termination of Membership: theBABYjournal.com reserves the right to refuse membership to anyone. theBABYjournal.com may terminate your membership and any and all information, communications, or postings at any time, without notice, for conduct that violates this agreement or other policies or guidelines set out by theBABYjournal.com elsewhere (including, but not limited to our guidelines), or for online conduct that theBABYjournal.com believes is harmful to other members, the business of theBABYjournal.com, or other third-party information providers.

12. Legal Venue: This agreement shall be governed by the laws of the State of New Hampshire in The United States of America, excluding that body of law known as conflicts of law and the United Nations Convention on Contracts for the Sale of Goods.

13. Severability & Headings: If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

14. Entire Agreement: This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.