PLEASE REVIEW THESE TERMS CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING OR USING OUR SERVICES, WHETHER AS A GUEST OR REGISTERED USER, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THESE TERMS, YOU MAY NOT ACCESS OR USE OUR SERVICES.
You represent and warrant that you: (a) are of legal age to form a binding contract; (b) have the right, authority, and capacity to agree to and abide by these Terms; and (c) are not a person barred from using our Services under the laws of any applicable jurisdiction. OUR SERVICES ARE INTENDED ONLY FOR USERS 18 YEARS OF AGE OR OLDER, AND ANY PERSONS UNDER THE AGE OF 18 ARE EXPRESSLY PROHIBITED FROM SUBMITTING ANY PERSONAL DATA OR USING OUR SERVICES.
THESE TERMS REQUIRE FINAL AND BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, OR YOUR ACCESS TO OR USE OF OUR SERVICES, INCLUDING THE VALIDITY, APPLICABILITY, OR INTERPRETATION OF THESE TERMS, AND YOU AGREE THAT ANY SUCH CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, ARBITRATION, OR OTHER SIMILAR PROCESS. PLEASE REVIEW THE BINDING ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM.
We may update these Terms from time to time at our sole discretion. You can access and review the most current version of these Terms at the URL for this page or by clicking on the “Terms” link within our Services, or as otherwise made available by us. Your continued use of our Services following the publication of any amended Terms shall signify your acceptance of such amended Terms, except where we are otherwise required by law to seek your direct consent.
Notice to California Users: You may cancel your subscription and request a refund at any time prior to midnight of the third business day following the date you subscribed. If you subscribed using a third-party service such as the Apple iTunes App Store or Google Play Store, you must follow the cancellation instructions provided by such third party.
When you create an account with us, you represent and warrant that you are at least 18 years old, you are legally permitted to use our Services, all registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You may not use as a username (i) the name of another person or entity without their consent, (ii) a name that is not lawfully available for use, (iii) a name or trademark that is subject to any rights of another person or entity other than you, or (iv) any name that is offensive, vulgar, or obscene.
You are responsible for maintaining the confidentiality of your account login information, such as your username and password, and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your account or any other breach of security. You will not sell, transfer, or assign your account or any account rights. We are not liable for any loss or damage arising from your failure to comply with the foregoing requirements.
By creating an account, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link at the bottom of any email we send.
We may terminate or suspend your account and bar access to our Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever. If you wish to terminate your account, use the “Delete Account” function in the heybaby mobile application. Your account will be deleted immediately, but it may take some time for Your Content (defined below) to be completely removed from our Services. Please note that deleting the heybaby mobile application does not automatically terminate any Purchases (defined below) or subscriptions that you may have. To cancel a subscription, please review the provision below under the heading “Purchases and Subscriptions”, Subsection E (Subscription Cancellation).
Use of Our Services
Subject to your strict compliance with these Terms, heybaby grants you a limited, non-exclusive, revocable, non-assignable, and non-transferable license to use and access our Services on a personal Device strictly for your personal, non-commercial use.
Your Responsibilities and Restrictions
The rights granted to you in these Terms are subject to the following restrictions.
You agree to:
• Comply with these Terms and all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
• Be truthful, accurate, courteous, and respectful in your communications with other users or with employees or representatives of heybaby;
• Use the latest available software version of our Services; and
• Review our Safety Tips.
You agree not to:
• Misrepresent any personal information, including but not limited to, your identity, age, current or previous professional history, qualifications, or affiliations with any person or entity;
• Harass, intimidate, bully, stalk, threaten, defame, harm, or otherwise mistreat any other users of our Services or employees or representatives of heybaby;
• Disclose any private or proprietary information that you do not have consent to disclose;
• Solicit monies or other items of value from another user, whether as a gift, loan, or form of compensation;
• Engage in any act constituting fraud, whether by impersonating the identify of another, attempting to obtain monies from another through fraudulent means, or otherwise;
• Collect, upload, transmit, display, or distribute any content, data, or other information that (i) violates any third-party right, including privacy or intellectual property rights, (ii) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable, (iii) is harmful to minors in any way, or (iv) is in violation of any law, regulation, or obligations or restrictions imposed by any third party;
• Create a new account after we suspend or terminate your account without our express written consent;
• Attempt to or do harm to us, our Services, or any others, or engage in any activity that interferes with a user’s access to our Services or the proper operation of our Services;
• Upload, transmit, or distribute to or through our Services any computer viruses, worms, or any software intended to damage or alter a computer system or data;
• Interfere with, disrupt, or create an undue burden on servers or networks connected to our Services, or violate the regulations, policies, or procedures of such networks;
• Reverse engineer, disassemble, or modify any source or object code or any software or other products, services, or processes accessible through our Services, install any software, file, or code on our Services that is not authorized by us, or attempt to do so;
• Attempt to gain unauthorized access to or test the vulnerability of our Services (or to other computer systems or networks connected to or used together with our Services), whether through password mining or any other means;
• Use any meta tags or other “hidden text” utilizing any reference to heybaby or our Services (or any of our trademarks, trade names, service marks, logos or slogans);
• Interfere with or circumvent any security feature of our Services or any feature that restricts or enforces limitations on the use of or access to our Services;
• Access or collect information from our Services using automated means (such as through scripts, robots scrapers, or spiders);
• Use our Services to harvest, collect, gather, or assemble information or data regarding other users, including e-mail addresses, without their consent;
• Send through our Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
• Disparage our performance, or distribute any false or misleading statement, or otherwise take any action which could reasonably be expected to adversely affect the personal or professional reputation of us or our employees or representatives;
• Use our Services for commercial or political purposes; or
• Otherwise violate these Terms, or any additional terms with us that you may agree to, or solicit, encourage, or facilitate anyone else to do so.
The license granted to you under these Terms and any authorization to access our Services is automatically revoked in the event that you violate any of the foregoing.
Excluding any of Your Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in our Services and its content are owned by heybaby or our suppliers. Neither these Terms nor your access to our Services transfers to you or any third party any right, title, or interest in or to such intellectual property rights, except for the limited access rights expressly set forth above under the heading “Use of Our Services”, Subsection A (License). We and our suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
We reserve the right, at any time, to modify, suspend, or discontinue our Services (in whole or in part) with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of our Services or any part thereof.
No Support or Maintenance
You acknowledge and agree that while we may endeavor to provide you with customer support in connection with any inquiries, we have no obligation to do so or otherwise provide you with any support or maintenance in connection with our Services.
If you elect to provide or make available to us any suggestions, comments, ideas, improvements or other feedback relating to our Services (“Feedback”), we shall own and be free to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights in your Feedback in any form and any medium (whether now known or later developed), without credit or compensation to you.
Purchases and Subscriptions
Third-Party Payment Services
All fees for Purchases are payable in accordance with the payment terms in effect at the time of the Purchase. We may offer promotional trial subscriptions to access our Services for free or at special discounted prices. If you sign up for a trial subscription, your rights to use our Services are limited by the terms of such trial and will terminate or renew according to the terms of your trial arrangement and/or any applicable additional terms. Please note that we do not provide price protection or refunds for existing subscribers in the event of a price drop or promotional offering for new subscribers. Unless otherwise provided in these Terms, all Purchases are non-refundable.
Termination or Suspension
We reserve the right to discontinue our Services or suspend or terminate your access to our Services, including to your account or Your Content, at any time, without notice, for any reason and without any obligation to you or any third party. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, or otherwise violates these Terms, we may suspend or terminate your account or deny you access to all or part of our Services. Any suspension or termination will not affect your obligations to us, including any payment obligations to us, and you will not be entitled to a refund of any payments previously made. Upon suspension or termination of your access to our Services, or upon notice from us, your license to use our Services will terminate immediately.
BY MAKING A PURCHASE UNDER A SUBSCRIPTION, YOU AGREE THAT WE MAY RENEW YOUR SUBSCRIPTION AUTOMATICALLY FOR THE SAME SUBSCRIPTION TERM ON THE DAY AFTER YOUR PREVIOUS SUBSCRIPTION ENDS, AND YOU AUTHORIZE US TO CHARGE YOU FOR THE SUBSCRIPTION TERM AT THE THEN-CURRENT PRICE, UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO ITS RENEWAL DATE. We will charge your credit card (or the other method of payment initially used by you) each year, month, or other applicable period (depending on the term that you selected) for the then-current applicable price.
If you purchased your subscription through a third party, such as Apple’s iTunes App Store or Google Play Store, you must follow the cancellation instructions provided by such third party. Removing the heybaby application from your computer, mobile phone, or other wireless device (“Device”) will not automatically cancel your subscription.
For all subscriptions, you will continue to have access to your Purchase for the period of time that has already been prepaid. After you cancel your subscription, we will not charge you any subscription fees after the expiration of your then-current subscription period. Please note we do not provide full or partial refunds for prepaid sums other than as described elsewhere in these Terms. In any event, you will be able to continue to use our Services throughout the remainder of the subscription period for which you have already paid.
Because our Services may be utilized without a subscription, canceling your subscription does not remove your profile from our Services. If you wish to terminate your account, you must follow the procedures described above under the heading “Accounts”, Subsection C (Account Termination).
If you sign up for a free trial and do not cancel before the end of the trial period, your trial may convert into a paid subscription and you will be charged at the then-current price for such subscription. Once your free trial converts to a paid subscription, your paid subscription will continue to automatically renew at the end of each period as described above under the heading “Purchase and Subscriptions”, Subsection D (Subscription Renewal). To avoid charges for a new subscription period, you must cancel before the end of the then-current subscription period or free trial period as described above under the heading “Purchase and Subscriptions”, Subsection E (Subscription Cancellation). Deleting your account or deleting the heybaby application from your Device does not cancel your free trial.
Generally, all charges for Purchases are nonrefundable, and there are no refunds or credits for partially used periods.
For users residing in Arizona, Colorado, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin, the terms below apply:
• You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use heybaby) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing heybaby notice in the same manner as you request a refund as described below in the next paragraph.
• To request a refund for payments made through a third party, such as Apple’s iTunes App Store or Google Play Store, you must follow the cancellation instructions provided by such third party.
The payments described in the subsections under the heading “Purchases and Subscriptions” do not include any Sales Tax (defined below) that may be due in connection with any Purchases. If we determine that we have a legal obligation to collect Sales Tax from you in connection with any Purchases, we will collect such Sales Tax in addition to any applicable payments. If any Purchases, or payments for any Purchases, are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to us, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority. As used herein, “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
You are solely responsible and liable for Your Content. You assume all risks associated with the use by any person or entity of Your Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of Your Content that personally identifies you or any third party. You agree that Your Content will comply with all provisions of these Terms, including our Community Guidelines, as each may be updated from time to time. You agree to indemnify, defend, release, and hold harmless us and our affiliates from any claims made in connection with Your Content.
You acknowledge and agree that Your Content may be immediately accessible by us, other users, and any other person accessing our Services (which may include persons that receive a link to your profile without your knowledge). You may not represent or imply to others that Your Content is in any way provided, sponsored, or endorsed by us. You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person. If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk.
You hereby grant (and you represent and warrant that you have the right to grant) to us and our affiliates and service providers an irrevocable, nonexclusive, royalty-free, fully-paid, transferable, perpetual, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit Your Content in any form or medium (whether now or later developed), and to grant sublicenses of the foregoing rights, in connection with our Services. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to Your Content. You acknowledge and agree that the technical processing and transmission of data associated with our Services, may require: (i) transmissions over various networks and across borders; and (ii) modifications to conform, connect, and adapt to technical requirements of networks or devices.
We have the right, but not the obligation, to monitor and edit Your Content. We are not obligated to backup any of Your Content, and Your Content may be deleted at any time without prior notice. We may also, but are not obligated to, monitor how others use Your Content. You authorize us to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (known as DMCA Takedown Notices) on your behalf if Your Content is used by other users or third parties outside of our Services.
All rights to User Content, including all intellectual property rights, shall remain the exclusive property of the user who created such User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content. While we try to enforce these Terms fairly across our Services, we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content or that User Content will comply with these Terms. We have no obligation to monitor or pre-screen any User Content, although we may choose to do so. Your interactions with other users of our Services are solely between you and such users. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user of our Services, we are under no obligation to become involved.
We are committed to maintaining a respectful and tolerant community at heybaby, and we do not tolerate inappropriate content or conduct. If you believe another user has acted inappropriately or otherwise violated these Terms, we encourage you to report such behavior by reporting the user within the app, or by writing us at email@example.com.
Other than Your Content and User Content, any text, images, graphics, video, audio, user interfaces, trademarks, logos, and other data, materials, and intellectual property appearing on our Services are owned, controlled, or licensed by us and protected by intellectual property rights, including copyrights, patents, trademarks, and trade secrets. All right, title, and interest in and to Our Content remains with us at all times. Subject to your strict compliance with these Terms, we grant you a limited, non-exclusive, revocable, non-assignable, and non-transferable license to access and use Our Content on a personal Device strictly for your personal, non-commercial use. This license does not give you any rights of ownership of, or any other intellectual property interest in, any Content or our Services, and you may not distribute, modify, transmit, reuse, download, repost, copy, or otherwise use Our Content or our Services, whether in whole or in part, for commercial purposes or for personal gain, without our prior written consent. All rights not expressly granted to you are reserved by us and/or our licensors and other third parties.
We Do Not Conduct Criminal Background Checks
You are solely responsible for your interactions with other users of our Services. While we strive to foster a respectful and tolerant community, we are not responsible for the behavior or conduct of any user of our Services. IF WE PROVIDE ANY LINKS ON OUR SERVICES TO THIRD-PARTY COMPANIES THAT CONDUCT CRIMINAL BACKGROUND CHECKS OR OTHER IDENTIFY VERIFICATION SERVICES, YOU ACKNOWLEDGE AND AGREE THAT WE ARE IN NO WAY RESPONSIBLE FOR THE RESULTS OF SUCH INQUIRES OR OTHER CONTENT PROVIDED BY SUCH THIRD PARTIES. Criminal background checks and other identity verification services are not always accurate and do not ensure your safety. Communications received through our Services, including notifications sent by us, may result from users engaging with our Services for improper purposes, including fraud, abuse, harassment, or other malicious purposes. You shall review our Safety Tips and take sensible precautions when interacting with or meeting new people.
Our Services may contain links to third-party websites or services, and/or display advertisements for third parties (collectively, “Third-Party Links”). Such Third-Party Links are not under our control, and we are not responsible for any Third-Party Links or their content or your reliance thereon. We provide access to these Third-Party Links only as a convenience to you, and we may not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. You acknowledge and agree that your use of all Third-Party Links is at your own risk. When you click on any Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering policies. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links.
You hereby release and forever discharge heybaby (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, our Services (including any interactions with, or act or omission of, other users of our Services or any Third-Party Links). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Linking to Our Services
If you link to our Services, you must adhere to the following requirements: (i) the link to our Services must not damage, disparage, present false information about, or tarnish the goodwill associated with any of our trademarks, products, services and/or intellectual property; (ii) the link to our Services must not create the false appearance that your websites and/or organization is sponsored by, endorsed by, affiliated with, or associated with us; (iii) no one may “frame” our Services or create a browser environment around any of the Content; and (iv) you may not link to our Services from a website that is unlawful, abusive, indecent, obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory, or that we otherwise deem inappropriate in our sole discretion. We reserve the right to prohibit linking to our Services for any reason, in our sole discretion, even if the linking complies with the requirements described above in this paragraph.
Disclaimers, Liabilities, and Indemnification
YOUR ACCESS TO AND USE OF OUR SERVICES IS AT YOUR SOLE RISK.OUR SERVICES AND ALL CONTENT AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH OUR SERVICES IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. THE COMPANY PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. THE COMPANY PARTIES MAKE NO WARRANTY THAT OUR SERVICES (INCLUDING ANY PURCHASES) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. WITHOUT LIMITING THE FOREGOING, THE COMPANY PARTIES DO NOT GUARANTEE THE TRUTH OR ACCURACY OF ANY USER CONTENT NOR THE COMPATIBILITY OF ANY MATCHES MADE ON OUR SERVICES. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO OUR SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OR LIMITATION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO THE EXTENT THAT SUCH JURISDICTIONS’ LAWS ARE APPLICABLE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY COMPANY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT, OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES ARISING OUT OF OR RELATED TO: (I) YOUR ACCESS TO OR USE OF THE SERVICES (OR LACK THEREOF), (II) ANY USER CONTENT OR THE CONDUCT OF ANY USER OR THIRD PARTIES ON OR THROUGH OUR SERVICES; OR (III) ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT. THE FOREGOING SHALL APPLY EVEN IF ANY COMPANY PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH OUR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING OUR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE COMPANY PARTIES’ AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO HEYBABY DURING THE PREVIOUS TWELVE MONTHS FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION.
To the maximum extent allowed by law, you agree to indemnify, defend, and hold harmless the Company Parties from and against any and all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from: (i) your breach or alleged breach of these Terms; (ii) your use of our Services or activities in connection with our Services; (iii) your User Content; (iv) your negligence or willful misconduct; (v) your violation of any law, rule, or regulation; or (vi) your violation of any third-party rights. The Company Parties reserve the right to assume, at their sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with the Company Parties in asserting any available defenses. You will not, in any event, settle any claim without our prior written consent. The foregoing provision does not require you to indemnify any Company Parties for any unconscionable commercial practice or act of fraud, deception, or misrepresentation in connection with our Services.
Copyright Infringement Policy and Reporting Procedure
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
3. Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. A statement that you have 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
6. A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
If you must send your notice by physical mail, you may do so by including the same information as indicated above by sending a notice to the address identified below under the heading “Contact Us” but please note that it will take us significantly longer to respond.
Applicability of Arbitration Agreement
All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms or the use of any product or service provided by heybaby that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this section under the heading “Dispute Resolution” (this “Arbitration Agreement”). Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and heybaby, and to any of heybaby’s subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns.
Notice Requirement and Informal Dispute Resolution
To commence arbitration proceedings, you must first send us a written notice of dispute (the “Notice”) describing the nature and basis of the claim or dispute and the requested relief. The Notice should be sent to: HeyBaby Inc., 1401 Lavaca Street #95, Austin, TX 78701. After the Notice is received, you and heybaby must first attempt to resolve the claim or dispute informally. If you and heybaby do not resolve the claim or dispute within thirty (30) days after the Notice is received, either you or heybaby may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/. All other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the alternative dispute resolution provider.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator
The arbitrator shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement and (ii) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and heybaby. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and heybaby.
Waiver of Jury Trial
YOU AND HEYBABY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and heybaby are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified above under the heading “Dispute Resolution”, Subsection A (Applicability of Arbitration Agreement). An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief
ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of Texas. All other disputes, claims, or requests for relief shall be arbitrated.
30-Day Right to Opt Out
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: firstname.lastname@example.org with the subject “Opt Out Arbitration”, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your heybaby username (if any), the email address you used to set up your heybaby account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Except as provided above under the heading “Dispute Resolution”, Subsection F (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement
This Arbitration Agreement will survive the termination of your relationship with heybaby.
Heybaby agrees that if we make any future material change to this Arbitration Agreement, you may reject that change by sending written notice of your decision to reject such change to: email@example.com with the subject “Reject Modification of Arbitration Agreement” within thirty (30) days of such change becoming effective.
Changes to these Terms
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above in this paragraph, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Services. These changes will be effective immediately for new users of our Services. Continued use of our Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. If you do not agree to any changes to these Terms, you must discontinue use of our Services.
Governing Law; Venue
This Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of Texas, without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. All claims arising out of or relating to these Terms and/or your relationship with us that for whatever reason are not submitted to arbitration, and all claims or cases challenging the enforceability or applicability of the arbitration provisions herein, will be litigated exclusively in the federal or state courts of Texas. You agree that such courts shall have personal jurisdiction and venue and waive any objection based on inconvenient forum.
We control and operate our Services from the United States. If you use our Services from other locations, you are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information or otherwise using our Services, you agree to the transfer of your personal information to, and storage and processing of your personal information in, any such countries and destinations.
Our Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any technical data acquired from heybaby, or any products utilizing such data, in violation of the United States export laws or regulations.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals List.
The communications between you and us use electronic means, whether you use our Services or send us emails, or whether we post notices on our Services or communicate with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
We shall not be liable or deemed to be in breach for any delay or failure in performance of these Terms or interruption of services resulting directly or indirectly from acts of God, civil or military authority, war, riots, civil disturbances, accidents, fire, earthquake, floods, strikes, lock-outs, labor disturbances, foreign or governmental order, or any other cause beyond our reasonable control.
Entire Terms; Assignment
These Terms, together with any other documents referenced herein, constitute the entire agreement between you and us regarding the use of our Services. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may assign our rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. The terms and conditions set forth in these Terms shall be binding upon successors and assigns.
Special State Terms
For users residing in New York:
• Our Services do not guarantee any number of “referrals”—the functionality of our Services is such that a user can view as many profiles as such user would like;
• Upon notice in writing and delivered to HeyBaby Inc., 1401 Lavaca Street #95, Austin, TX 78701, users may place their subscription on hold for up to one year;
• You may review the New York Dating Service Consumer Bill of Rights here.
For users residing in North Carolina:
• You may review the North Carolina Buyer’s Rights here.
For users residing in Illinois, New York, North Carolina, and Ohio:
• Our Services are widely available in the United States—if you believe that you have moved outside a location where we provide our Services, please contact us in writing delivered to HeyBaby Inc., 1401 Lavaca Street #95, Austin, TX 78701
For users residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:
• You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing heybaby notice in the same manner as you request a refund as described above under the heading “Purchases and Subscriptions”, Subsection G (Refunds).
For users residing in California:
• In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting such unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” or similar language means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. In the event of any termination of these Terms or termination of your account, your obligations under these Terms shall survive. You agree that these Terms will not be construed against us because we drafted them.
• By email: firstname.lastname@example.org
• By phone: (512) 400-4010
• By mail: HeyBaby Inc., 1401 Lavaca Street #95, Austin, TX 78701