DISCLAIMER AND TERMS OF USE AGREEMENT
(Last Updated: October 25, 2011)
WEB AD VENTURES LLC (“Web Ad”) PROVIDES THIS INTERNET SITE (the “Site”) AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE, AS AMENDED FROM TIME TO TIME (the “Terms”). PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:
1. Acceptance. Each time you use or cause access to this Site, you are agreeing to be bound by these Terms. If you use a particular service on or through this Site, you will be subject to any additional rules or guidelines that are applicable to those services.
2. Our Service. Web Ad provides this Site, the accompanying materials, and related services solely for educational and social networking purposes. WEB AD IS NOT PROVIDING ANY MEDICAL OR HEALTH ADVICE – YOU SHOULD SEEK AND OBTAIN MEDICAL AND HEALTH ADVICE ONLY FROM COMPETENT AND LICENSED MEDICAL PRACTITIONERS. Therefore, if you wish to apply ideas contained in this Site, you are taking full responsibility for your actions. The owners of this Site also exclusively reserve the right and may, at any time and without notice and any liability to you (i) modify or discontinue this Site and any service hereunder, or your individual access to this Site, and part thereof, or services thereunder, whether temporarily or permanently, and (ii) delete in whole or in part any data you provide, whether temporarily or permanently. Web Ad is not responsible or liable for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information on this Site or for your inability to access such date or information.
3. Copyright Information. Except where indicated, all pages within this Site are the property of Web Ad, and all such content is Copyright © 2011 by Web Ad. No portion of the materials on such pages may be reprinted or republished in any form without the express written permission of Web Ad.
4. Trademark Notice and Intellectual Property Complaints. “Web Ad Ventures” and “birth.net” are trademarks and service marks of Web Ad. All other trademarks, service marks, and logos used in this Site are the trademarks, service marks or logos of their respective owners.
Web Ad respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright or trademark infringement, please follow this procedure:
Submit notice of your claim to the following Designated Agent:
Service Provider: Birth.net
Email Address to Which Notification Should Be Sent: webmaster(at)birth.net
To be effective, the notice should be written and should include the following:
The identification of the original work or mark that you claim has been infringed. If you claim that multiple works or marks have been infringed, you can submit one notice with a list of the allegedly infringed works and marks. If any of the works are marks are registered, you should also provide all applicable registration numbers.
Identification of the material that you claim to be infringing, and the information reasonably sufficient to permit Web Ad to locate the material.
Information reasonably sufficient to permit Web Ad to contact you, including your e-mail address, your physical mailing address, and if applicable, your telephone number and fax number. If you are not the owner, but rather are authorized to act on behalf of the owner, you should also provide contact information for the owner of the exclusive right that you claim has been infringed.
A statement that you are the owner of the exclusive right you claim has been infringed, or a statement that you are authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed.
A statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the owner, its agent, or applicable law.
A signed statement, under penalty of perjury, that the information in the notice is accurate. Your signature may be electronic.
Web Ad will respond to notices in a timely manner, and we may remove the allegedly infringing material (whether temporarily or permanently). If we remove the material, whether temporarily or permanently, such removal will not be deemed our admission that the material is infringing.
5. Registration. Parts of our Site may require you to register. When you register, you will provide truthful, accurate, and complete information. By registering, you represent and warrant to Web Ad that you are at least eighteen (18) years old. You are solely responsible for (a) maintaining the confidentiality of your password, (b) for all uses of this Site by any person who logs on under your registration, user account, or password, whether authorized or unauthorized by you. You shall immediately notify us of any unauthorized use of your registration, user account, or password.
6. Content Responsibility. All information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“Content”), publicly or privately provided, shall be the sole responsibility of the person providing the Content to the Site or the person whose user account is used when providing the Content to the Site. Our Site may expose you to Content that may be objectionable or offensive to you individually. We shall not be responsible or liable to you in any way for the Content that appears on Site nor for any error or omission thereof. All opinions contributed to this Site are those of individual users and do not reflect the opinions of the employees or management of Web Ad.
7. Your Conduct.
You may use the Site only for lawful purposes. Transmission, distribution, sale, or storage of any material in violation of any applicable law or regulation or these Terms is prohibited. Company reserves the rights to restrict or prohibit any and all uses of the Site or Content and to remove such materials from its servers that Company determines in its sole discretion is harmful to its servers, systems, network, reputation, good will, other customers, or any third party. The following non-exhaustive list details the kinds of illegal or harmful conduct that are prohibited:
Defamation. You will not post or transmit any Content in violation of any applicable law of libel or slander in the United States or elsewhere.
False advertising. You will not post or transmit on or though any services any advertising or promotional materials that contain false, deceptive or misleading statements, claims, or representations.
Copyright/Trademark Infringement. You will not post or transmit on or through the services any content that infringes on the intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property right of another person or entity or use the same without proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works, and videos.
Offensive Materials. You will not transmit, disseminate, sell, store, or host material that is unlawful, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
Export Violations. You will not post or send software or technical information in violation of U.S. export laws, including, without limitation, the Export Administration Act and the Export Administration Regulations maintained by the Department of Commerce. Nor will you download or send any Content to anyone located in a country where the United States has embargoed goods (which may include Cuba, Iraq, Libya, North Korea, Iran, and Syria), or to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.
Harmful Content. You will not disseminate or post harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routine that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information.
Fraudulent Conduct. You will not offer or disseminate fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes) or furnish false data on any signup form, contract, or online application or registration, or fraudulently use of any information obtained through the use of the Site, including without limitation, use of credit card numbers.
False Pretenses. You will not use the Site to impersonate any person or communicate under a false name or a name that you are not entitled or authorized to use in all forms of online communication. False domain registration is strictly prohibited.
Failure to Abide by Third-Party Website Policies. You will not violate the rules, regulations, or policies that apply to any third-party network, server computer database, or website that you access by or through the services.
Child Pornography. You will not violate the Federal child exploitation statutes to possess, produce, receive, transport or distribute by any means, including computer, visual depictions of “sexual intercourse” and/or “sexually explicit conduct” involving children.
Jurisdictional Limitations. If you are located in a geographical location where your viewing of any portion of the Site is prohibited, you will not view such portions. Nor will you view the Site if you on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders or if you are located in or are a national of a country where the United States has embargoed goods (which may include Cuba, Iraq, Libya, North Korea, Iran, and Syria), except to the extent that doing so is legal.
Facilitating a Violation of these Terms. You will not advertise, transmit, or otherwise make available any software, program, product, or service that is designed to violate these Terms, including but not limited to spam, pinging, flooding, mailbombing, denial of service attack,s or piracy of software. You will make no unsolicited promotions, advertising, or solicitations (commonly referred to as “spam”) in violation of the CAN-SPAM Act of 2003, including, without limitation, commercial advertising and informational announcements to those email addresses who have requested that their email addresses be opted out.
By providing any Content to our Site: (i) you warrant and represent that you have all legal rights that are associated with the Content; (ii) you grant Web Ad a worldwide, royalty free, non revocable, non exclusive license and any other necessary right to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations of, in whole or in part, such Content, which license and any other right shall apply regarding any form, media, technology now known or later developed; (iii) we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any such Content at any time and for any or no reason, with or without notice; and (iv) you indemnify us and hold us harmless from our use and disclosure of Content, including but not limited any cooperation we give to any law enforcement authority, court, or allegedly harmed individual or entity that asks us about the source of any Content.
8. Our Conduct. While we occasionally monitor chat groups or review the posting in our discussion groups or on our bulletin boards. However, we have no responsibility or obligation to do so. We assume no liability for the Content of those locations.
9. Third Party Services. Goods and services of third parties may be advertised or made available on or through this Site. Web Ad makes no endorsement, representation, or warranty about such third party goods or services. Representations made by third parties regarding their products and services provided are governed by the policies and representations made by said third parties. Web Ad shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties or use of such goods and services.
10. Indemnification. You hereby irrevocably indemnify and hold Web Ad and its related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co branders (“Indemnitees”) harmless from any claim or demand, including those for reasonable attomey’s fees, that may be made by any third party and that is due to or arising out of your conduct or connection with this Site or service, your provision of Content, your violation of these Terms, or any other violation by you of the rights of another person or party.
11. Warranty Disclaimer. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” AT YOUR OWN RISK, AND WITH NO REPESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SITE OR SERVICE WILL BE UNINTERRUPTED, ERROR FREE, VIRUS FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. NEITHER WE NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE, AND YOUR USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (a) THE USE OF OR THE INABILITY TO USE THE SITE OR SERVICE, (b) THE COST TO OBTAIN SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SITE OR SERVICE, (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICE, OR (e) ANY OTHER MATTER RELATING TO THE SITE OR SERVICE.
Web Ad makes no guaranties as to the correctness or accuracy of the Site or the Content. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. If an inaccuracy arises, you may inform Web Ad so that it may be corrected.
Some jurisdictions may not allow disclaimers of implied warranties; therefore, some or all of the above disclaimers may not apply to you.
12. Reservation of Rights. We are not providing you with any implied or express licenses or rights by making this Site or the services available to you. You will have no rights to make any commercial uses of our Site or service without our prior written consent.
13. Non-Commercial Use. You may download Content from the Site, but only for non-commercial, personal use. You will use all Content in conformity with applicable law. For example, you will not remove copyright notices or use the Content for a commercial purpose. Nor will you distribute, modify, transmit, reuse, or re-post any of the Content for public or commercial purposes unless we give you written permission.
14. PRIVACY POLICY. Your privacy is important to us. This privacy policy explains our online information practices and the ways in which your information is collected and used by us. By visiting birth.net, you are accepting the practices described in this policy.
Information Storage
We store all information that you enter into our Site or provide to us in any other form. ome of the types of personal information we might collect are:
Name
Address
Email address
Phone number
Home address
Credit/Debit Card Information
You may choose not to provide specific types of information, but choosing to do so might prevent you from accessing some of our features.
Information Use
We use your personal information in many ways as explained below. We will not otherwise sell, barter, or rent your email address to any unauthorized third party.
How we gather, collect, and store information depends on the page you are visiting, the activities in which you elect to participate, and the services provided. For example, you may be asked to provide information when you register for access to certain portions of our site or request certain features, such as newsletters or when you make a purchase. You may provide information when you participate in sweepstakes and contests, message boards and chat rooms, and other interactive areas of our site.
We may use personally identifiable information collected on birth.net to communicate with you about your registration and customization preferences; our Terms of Service and privacy policy; services and products offered by birth.net; and other topics we think you might find of interest.
We may also use personally identifiable information for other purposes, including but not limited to site administration, troubleshooting, processing of ecommerce transactions, administration of sweepstakes and contests, and other communications with you. Certain third parties who provide technical support for the operation of our site (such as our web hosting service) may access such information. We will use your information only as permitted by law. In addition, from time to time as we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses. In such transactions, user information may be among the transferred assets. We may also disclose your information in response to a court order, at other times when we believe we are reasonably required to do so by law, in connection with the collection of amounts you may owe to us, and to law enforcement authorities whenever we deem it appropriate or necessary. Please note we may not provide you with notice prior to disclosure.
We also collect information to enhance your visit and deliver more individualized content and advertising. We use non-identifying and aggregate information in many ways. For example, we may combine information about your usage patterns with similar information obtained from other users to help enhance our site and services (e.g., to learn which pages are visited most or what features are most attractive). Additionally, we might tell an advertiser that a certain number of individuals visited a certain area on our Site, or that a certain number of men and a certain number of women filled out our registration form, but we would not disclose any information that could be used to identify those individuals. Aggregated Information may also be shared with our business partners.
No responsibility for Third Parties
Web Ad expects its partners, advertisers and affiliates to respect the privacy of our users. Be aware, however, that third parties, including our partners, advertisers, affiliates and other content providers accessible through our Site may have their own privacy and data collection policies and practices. For example, during your visit to our site you may link to, or view as part of a frame on a birth.net page, certain content that is actually created or hosted by a third party. You may also introduced to, or be able to access, information, websites, features, contests, or sweepstakes offered by other parties. We are not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.
Public Information
If you disclose personally identifiable information on message boards, chat areas, or other locations, that information can be viewed publicly and can be collected and used by third parties without our knowledge, which may result in unsolicited messages from other individuals or third parties. Such activities are beyond our control and this policy.
Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we leverage appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
Cookies, Etc.
We collect information automatically and through the use of electronic tools that may be transparent to you. For example, we may log the name of your Internet Service Provider or use cookie technology to recognize you and hold information from your visit. A cookie is information that is stored on your computer that helps us to identify you as a previously registered user or visitor of our site, which helps to personalize your experience or provide features. Among other things, the cookie may store your user name and password or may control the number of times you encounter a particular advertisement while visiting our site. As we adopt additional technology, we may also gather information through other means.
In certain cases, you can choose not to provide us with information, for example by setting your browser to refuse to accept cookies. However, if you do so, you may be unable to access certain portions of the Site, the Site may not operate correctly, and your experience on the Site may be affected. You may, for example, be asked to re-enter your user name and password every time you visit, and and we may not be able to customize the Site’s features according to your preferences.
While on our site, our advertisers, promotional partners or other third parties may also use cookies or other technology to attempt to identify some of your preferences or retrieve information about you. For example, some of our advertisers may include cookies that enable the advertiser to determine whether you have seen a particular advertisement before. We do not control the use of this technology by third parties or their use of the resulting information, and we not responsible for any actions or policies of such third parties.
Children
We do not knowingly collect or solicit personally identifiable information from or about children under 13 except as permitted by law. If we discover we have received any information from a child under 13 in violation of this policy, we will delete that information promptly. If you believe we have any information from or about anyone under 13, please contact us at the address listed below.
Changes to this Policy
We reserve the right to change this policy at any time and from time to time. Please check this page periodically for changes. Your continued use of our Site following the posting of changes will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.
Information Updates
You can access all personally identifiable information that we collect online and maintain by email at info(at)birth.net. We use this procedure to safeguard your information.
You can correct factual errors in your personally identifiable information by sending us a request that credibly shows the error. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
15. Applicable Law/Jurisdiction. These Terms, your use of the Site, and any dispute arising out of or related to your use of this Site or the services shall be governed by and construed in accordance with the laws of the State of New York, USA, without regard to its conflicts of law provisions. If a dispute arises, you and we will first try to resolve it with the help of a mutually agreed-upon mediator, and the mediation shall be held in Nassau County, State of New York and pursuant to the Commercial Mediation Procedures of the American Arbitration Association. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If we cannot resolve the dispute by mediation within 20 days after either of us gives notice of mediation to the other, then the dispute will be exclusive subject to the jurisdiction and venue of binding arbitration in the Nassau County, State of New York, by one arbitrator and governed under the Commercial Arbitration Rules of the American Arbitration Association and, were applicable, the Expedited Procedures thereunder. The arbitrator shall award the prevailing party with its costs and attorneys’ fees. Judgment upon the award rendered by the arbitrator may be entered in any court with jurisdiction to do so.
16. Miscellaneous. The failure of either party to assert any right under these Terms shall not he considered a waiver of any that party’s right, and that right will remain in full force and effect. These Terms, and the provisions incorporated by reference herein, constitute the entire agreement between the parties pertaining to the subject matter hereof, and any and all prior written or oral agreements existing between the parties are expressly canceled. Web Ad may alter these Terms by posting revised Terms on the Site. Any claim or cause arising out of this Site or the services must be filed by you within one year after such claim or cause arose, otherwise the claim shall be forever barred. Web Ad may assign its rights and obligations under these Terms, upon which Web Ad shall be relieved of any further obligation. If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
17. Contact Us. If you have questions or concerns about these Terms, please email us at info(at)birth.net.
