Please review the following terms of use (“Terms”) that govern your use of our website and app (our “Services”). Your Use of our Services constitutes your agreement to follow and be bound by the Terms of Use. If you do not agree to these Terms, you should not access or use the Services.
Baby Notebook LLC reserves the right to make changes to the Services and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Services because by visiting the Services, you agree to accept any such changes.
Baby Notebook LLC's Services
Unless otherwise noted, the design of the Services and the Services as a whole (collectively, “Contents”) are copyrights, trademarks, trade dress, or other intellectual properties owned, controlled, or licensed by Baby Notebook LLC. Any use of the Contents without our express written consent is strictly prohibited. We grant you a personal, limited, nonexclusive, nontransferable license to access the Services and to use the information and services contained here solely for your personal, noncommercial use as described below. You must be at least 18 years of age to use the Services.
Prohibited Uses
The Services may be used only for lawful purposes and are available only for your personal, noncommercial use. You are solely responsible for using our Services, including the transmission, posting, and uploading of information, and are responsible for the consequences of such communications to the Services. Baby Notebook LLC specifically prohibits any use of the Services for any of the following:
- Posting any information which is misleading, false, inaccurate, or not your own
- Engaging in conduct that would constitute a criminal offense, giving rise to civil liability, or otherwise violate any city, state, national, or international law or regulation, or that would fail to comply with accepted Internet protocol
- Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it
- Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner
- Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy, or publicity right of another
- Attempting to interfere in any way with Baby Notebook LLC's networks or network security, or attempting to use the Services to gain unauthorized access to any other computer system
- Communicating, transmitting, or posting material that is in violation of applicable laws or regulations
Security Rules
Violations of system or network security may result in civil or criminal liability. Baby Notebook LLC investigates violations and may involve, and cooperates with, law enforcement authorities in prosecuting any user who is involved in such violations. You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, the following:
- Accessing data not intended for you or logging on to a Baby Notebook LLC server or account that you are not authorized to access
- Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt)
- Attempting to interfere or interfering with the operation of our Services, our provision of services to any other user of our Services, and our hosting provider or our network
Privacy Policy
Notwithstanding anything else to the contrary contained in these Terms of Use, Baby Notebook LLC's use of any personally identifiable information (name, etc.) you provide via the Services shall be governed by our Privacy Policy. For further information regarding Baby Notebook LLC's protection of your personal information, please refer to our Privacy Policy page.
Proprietary Rights
Baby Notebook LLC is the owner and authorized user of any registered or unregistered trademark, trade name, and/or service mark appearing on the Services, and is the copyright owner or licensee of the materials and content on the Services, unless otherwise indicated. The Baby Notebook LLC logos, designs, titles, phrases, and product names and the copyrights, trademarks, service marks, trade dress, and other intellectual property in such materials (collectively, “Baby Notebook LLC Intellectual Property”) are owned by Baby Notebook LLC and may be registered in the United States and internationally. You agree not to display or use Baby Notebook LLC Intellectual Property in any manner without Baby Notebook LLC's prior permission. Nothing on the Services should be construed to grant any license or right to use any Baby Notebook LLC Intellectual Property without the prior written consent of Baby Notebook LLC. Except as otherwise provided herein, use of the Services does not grant you a license to any materials and content or features you may access on the Services and you may not modify, rent, lease, loan, sell, distribute, or create derivative works of such materials and content, features or materials, in whole or in part. The information on the Services, including, without limitation, all Services design, text, graphics, interfaces, and the selection and arrangements of such is protected by law, including but not limited to copyright law.
Subscriptions
When you sign up for a paid subscription service, you will receive additional features that are not available in the free version of the Service. Subscriptions will automatically renew unless you cancel the subscription according to the cancellation method provided below. We may also offer other products for purchase through our Services for which our billing and payment policies herein will apply.
Billing Policies
Baby Notebook LLC has various subscription plans available for purchase at the stated rate. We may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion; provided, we will communicate any change in price to your subscription to you. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.
Advance Payment for Subscriptions
You may pay in advance for a paid subscription service. Baby Notebook LLC is not responsible for any charges or expenses you incur resulting from charges we bill in accordance with the Terms and Conditions (e.g. overdrawn accounts, exceeding credit card limit, etc.). By providing a credit card number or another payment method with advance authorization features, you authorize us to continue charging the payment method for all charges due to Baby Notebook LLC until your account is settled and is terminated by either you or Baby Notebook LLC. We reserve the right to limit the number of accounts that may be charged to a credit card or other payment or identification method per unique user.
Renewal of or Change to Subscriptions
Your subscription will automatically be renewed and your account charged if you do not cancel or downgrade your account at least 24 hours prior to the end of your free trial or the end of your current paid subscription. If you want to change your account type, you may do so at any time but note that if you decide to downgrade your account, you will continue to have access to the premium service until the end of your paid subscription period. You may cancel your Baby Notebook subscription at any time by (for Android users) canceling the subscription in the Google Play app, or (for iOS, iPadOS or MacOS users) canceling the subscription using the App Store.
Payment Methods
Baby Notebook LLC accepts credit and debit cards issued through VISA, MasterCard, American Express, and Discover. In-app purchases are processed through either the Google Play Store or the App Store; book purchases are processed through Stripe.
No Refunds
You may downgrade your paid subscription to the free version at any time; however, there are no refunds for any unused portion of a subscription, subscription fees for any portion of the Service or any other products sold on our app or site. As noted above, the downgrade will take effect after the last day of the current subscription period.
User Content and Material
We do not claim ownership of user-generated content and material (“User Content”). We do not use User Content that you upload to the app for any purpose other than to create your baby book. That means we will not use your baby photos, text, or any other content intended for your baby book for any reason other than to create your book without your express permission. However, we may use any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or other content that you (i) submit or post on any of our blogs, social media accounts, or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts for marketing purposes–for example, we may share or repost your positive comments about Baby Notebook or the app on our social media or in other marketing channels. By submitting or posting any User Content in the manner described above, you grant to Baby Notebook LLC and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, and use all or any portion of the User Content, as well as your name, persona, and likeness included in any User Content and your social media account handle, username, real name, profile picture, and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media, or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts, and for any other marketing, advertising, public relations, sales, or promotional purposes with or without attribution and without further notice to you.
Baby Notebook LLC retains the right, in its sole discretion and without prior notice, to remove, revise, or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content.
By submitting or posting User Content on the Services, on your social media accounts, or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice, and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; and (iv) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual, or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening, or otherwise harassing or hateful content, or (d) contain computer viruses, worms, or other harmful files. Upon request by Baby Notebook LLC, you will furnish Baby Notebook LLC any documentation, substantiation, or releases necessary to verify your compliance with these Terms. You are solely responsible for the User Content and you hereby agree to indemnify and hold Baby Notebook LLC and its employees, agents, affiliates, assigns, and licensees harmless from any and all damages, claims, expenses, costs, or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
Baby Notebook LLC acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If Baby Notebook LLC becomes aware of any User Content that allegedly may not conform to these Terms, Baby Notebook LLC may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. Baby Notebook LLC has no liability or responsibility to Users for performance or nonperformance of such activities.
Baby Notebook LLC has the absolute right to remove and/or delete without notice any User Content and shall be free from liability for doing so.
Copyright Complaints
If you believe that Baby Notebook LLC has infringed upon your intellectual property rights, please provide Baby Notebook LLC's agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. § 512 (“DMCA”). Please be advised that to be effective, the Notice must include ALL of the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Services are covered by a single notification, a representative list of such works at that Services;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact the complaining party;
- a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- 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.
Notices should be directed to:
By email: [email protected]
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING BABY NOTEBOOK LLC ABOUT INFRINGEMENTS OF COPYRIGHTED MATERIAL. ALL OTHER INQUIRIES, SUCH AS PRODUCT- OR SERVICE-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Disclaimers and Limitation of Liability
While Baby Notebook LLC attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Services at any time without notice. The Baby Notebook LLC products and services described on the Services may not be available in your region. Baby Notebook LLC does not claim that the information on the Services is appropriate to your jurisdiction or that the products described on its Services will be available for purchase in all jurisdictions.
You assume all responsibility and risk with respect to your use of the Services, which is provided “AS IS.”
BABY NOTEBOOK LLC DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS, AND SERVICES PROVIDED ON THE SERVICES, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL BABY NOTEBOOK LLC, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES, OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SERVICES.
Indemnity
You agree to defend, indemnify, and hold Baby Notebook LLC, its directors, officers, employees, agents, and affiliates harmless from any and all claims, liabilities, damages, costs, and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Services, your violation of the Terms or the posting or transmission of any materials on or through the Services by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right.
When you delete your account, we make a good-faith effort to ensure that you no longer receive notifications from us. Please allow several weeks after deleting your account before you stop receiving notifications. You may also need to adjust the settings on your device or in your software to ensure notifications are turned off. In the event that you still receive notifications several weeks after deleting the app, please email us; we will investigate and ensure that we have done everything within our control to stop notifications. In any event, you agree to indemnify and hold Baby Notebook LLC harmless from any pain, suffering, emotional distress, or the like that you may experience as a result of receiving notifications, emails, and any other form of communication from Baby Notebook LLC.
International Use
We control and operate the Services from the United States, and all information is processed within the United States. We do not represent that materials on the Services are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules, and regulations in connection with your use of the Services.
Governing law and disputes
These Terms shall be governed by the laws of the state of Washington, without giving effect to any conflict of law provisions.
To the fullest extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
General Information
These Terms constitute the entire agreement between you and Baby Notebook LLC and govern your use of the Services. Baby Notebook LLC may terminate this Agreement and deny you access to the Services at any time, immediately and without notice, if in Baby Notebook LLC's sole discretion, you fail to comply with any provision of these Terms.
Any claim or cause of action you may have with respect to Baby Notebook LLC or the Services must be commenced within one (1) year after the claim or cause of action arose.
The failure of Baby Notebook LLC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition, or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.
To contact us with any questions or concerns in connection with these Terms or the Services, or to provide any notice under these Terms to us, please refer to our Contact page.