BirthVillage.com Terms of Service
Terms in Plain English:Don't be a jerk. Don't be mean and rude. Don't cause other people harm. Then all will be fine.
BirthVillage is a website devoted to helping new & expectant parents send free online birth announcements to friends and family members. It also offers various pregnancy and birth related resources such as a baby names database with over 34,000 baby names including meanings and origins.
Ths is a legal agreement between you and BirthVillage.com. Please read it over carefully.
Termination Of Membership:
Either you or BirthVillage may terminate your membership at any time, for any reason, without explanation, effective upon sending written notice to the other party. BirthVillage reserves the right to immediately suspend or terminate your access to the BirthVillage service, without notice, upon any breach of this Agreement by you which is brought to BirthVillage's attention.
You are solely responsible for the content or information you publish or display (hereinafter, "post") on the BirthVillage service, or transmit to other BirthVillage Members.
You will not post on the BirthVillage service, or transmit to other BirthVillage Members or Employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will use the BirthVillage service in a manner consistent with any and all applicable laws and regulations.
BirthVillage is committed to ensuring that the Service remains a fun and safe place for birth announcements, baby blogs, and photographs. To that end, the Service allows Members to be creative with their communications, albums, image files, creative material, film, photographs, links, and comments (collectively "Content"). Users of the Service, whether or not Members, may not use the Service to Process Prohibited Content.
Generally, Prohibited Content includes Content or other material that BirthVillage believes:
a. Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate.
b. Comprises copyrighted material used without the express permission of the owner.
c. Violates or encroaches on the rights of others.
d. Contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code, or any other content which may compromise the Service.
e. Advocates illegal activity.
f. Harms anyone, including minors.
g. Provides a link to any of the above.
BirthVillage has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. Although BirthVillage does not and will not examine and review all Content submitted or transmitted to the Service, BirthVillage may delete, move, and edit materials for any reason, at any time, without notice. All Content (whether private or public) that is Processed on the Site is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content.
By viewing the Site, you may be exposed to Content that you consider to be offensive. You take sole responsibility for such exposure. BirthVillage in no way guarantees the accuracy, quality or appropriateness of Content available on the Site.
Opinions, advice, statements, offers, or other information or content made available through the BirthVillage service, but not directly by BirthVillage, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. BirthVillage DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND NEITHER ADOPTS NOR ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY PARTIES OTHER THAN BirthVillage. UNDER NO CIRCUMSTANCES WILL BirthVillage BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE BirthVillage SERVICE, OR TRANSMITTED TO BirthVillage MEMBERS.
Baby Pictures & Life Book
You will not include in your profile or life book any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and you will not post any photos. BirthVillage reserves the right, but has no obligation, to reject any blog, message or photo that does not comply with these prohibitions. You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service. You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights. You are solely responsible for your interactions with other BirthVillage Members. BirthVillage reserves the right, but has no obligation, to monitor and/or mediate disputes between you and other Members.
When you use the Service, you become a participant in an online community of people who enjoy photography. In order for BirthVillage to make your photos available to you and your invitees, as well as to use images to offer you a special variety of online services, BirthVillage needs the rights to make use of all Content on the Service, in accordance with and subject to these Terms. Accordingly, as a condition to your Membership, you hereby grant BirthVillage a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of and distribute your Content, solely for the purpose of providing the Service. As a condition to Membership, you represent and warrant to BirthVillage that you either own your Content or have written permission from the copyright owner to make such Content available to the Service. The Service is protected by U.S. and international copyright laws and by other applicable laws. You may not Process any Content without the written consent of the owner of such Content. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Service. If you believe that your work or the work of another has been copied in a way that constitutes copyright infringement, please contact us,
YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS BIRTHVILLAGE, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY "BIRTHVILLAGE AFFILIATES") FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR ACCOUNT.
No Liability for Content:
IN NO EVENT WILL BIRTHVILLAGE OR BIRTHVILLAGE AFFILIATES BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (I) CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR (II) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT.
ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, BIRTHVILLAGE AND BIRTHVILLAGE AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BIRTHVILLAGE MAKES NO WARRANTY THAT (I) THE SITE OR SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (II) THE SITE OR SERVICE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (III) THE SERVICE OR SITE WILL MEET YOUR REQUIREMENTS. BIRTHVILLAGE MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SITE OR THAT ARE ADVERTISED ON THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.
LIMITATION OF LIABILITY:
TO THE FULLEST EXTENT PERMITTED UNDER LAW, BIRTHVILLAGE WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SITE OR THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.