General
1. All purchases are subject to our Terms of Use.
2. We, Baby Pics Pty Ltd offer a subscription-based service to the content within the Baby Pics App.
3. Subscriptions can be purchased either directly from:
3.1. the BABY PICS website (Website Purchase); or
3.2. externally (In-App Purchase).
4. Different subscription plans may be offered depending on Your location or place of purchase.
5. The subscription fee will apply regardless of how much or how often You access or use Your subscription.
In-App Purchase
6. These include a purchase made via an external App Store, such as the Apple App Store or Google Play Store, or another similar App Store.
7. An In-App Purchase is purchased from and billed by the respective App Store, not by Us.
8. Subscriptions can be purchased either directly from:
8.1. an In-App Purchase is subject to the terms, conditions and other licensing arrangements specified by that App Store provider;
8.2. In-App Purchases are processed securely via the payment gateway used by the relevant App Store provider; and
8.3. You must take up with the App Store provider directly any payment-related issues You experience with an In-App Purchase or return requests.
Website Purchase
9. Subscriptions purchased directly from the BABY PICS website are managed and billed by Us.
10. All BABY PICS Website Purchases are processed securely via our third party payment gateway providers, such as Stripe or PayPal. You must refer to their terms and conditions for additional information.
11. All transactions are handled over SSL and are PCI-Compliant. We do not store Your credit card details.
Payment
12. Subject to any free trial period, payment must be made at the time of purchase and before You have access to Your subscription.
13. Subscriptions to the BABY PICS App will be auto-renewed on the first day of Your next billing period.
14. You must notify Us of any change to Your Payment Method.
14.1. We will assume your Payment Method is correct and will continue to bill fees and charges relating to Your subscription by Your nominated Payment Method;
14.2. If any subscription fees billed to Your account are not processed for any reason, We may suspend Your subscription until payment is made in full.
15. We reserve the right to vary the subscription fees from time to time, but only for the next and subsequent billing periods.
15.1. In that event We will give You reasonable notice of the variation before it will come into effect; and
15.2. If you do not cancel Your subscription before your next billing cycle, you will be deemed to have accepted the variation.
Free Trials
16. Your BABY PICS subscription may start with a free trial for a fixed period as specified at the time of sign up.
17. Free trials are only available to new BABY PICS users, and are at the sole discretion of BABY PICS , and if you attempt to sign up for an additional free trial You will be immediately charged with the standard subscription price.
18. We reserve the right to revoke Your free trial at any time.
19. Unless You cancel at least 24 hours before the end of the trial period, Your free trial will automatically roll over to a paid subscription.
20. Any unused portion of Your free trial period will be forfeited upon purchase of a subscription.
Promotions
21. We may offer special promotions, trials, discounts, offers or coupons from time to time directly through BABY PICS or through third parties, subject to and on its terms and conditions separate to those of BABY PICS. It is Your responsibility to read and understand those terms and conditions.
22. Any trial offers or subscriptions will automatically rollover to a paid subscription unless cancelled at least 24 hours before the end of the promotional period, or unless otherwise stated.
Cancellation
23. You may cancel Your subscription at any time.
24. Unless You cancel at least 24 hours before the start of Your next billing period, you will be charged for the next billing period.
25. After cancellation, You will continue to have access to the BABY PICS App for the remainder of Your billing period.
26. To cancel your subscription, you will need to go to the platform your subscription was created on.
26.1. If you subscribed via the website, go to Profile in Settings, and follow the prompts to cancel the subscription.
26.2. If you subscribed via the iOS app or Android app, you will need to cancel your subscription via the relevant App Store, such as the Apple App Store or the Google Play Store.
27. If We take action to collect any unpaid subscription fees from You, You will pay all costs (on a full indemnity basis) incurred in doing so.
28. We do not offer refunds or credits for unused subscription periods, accidental purchases, medical conditions, or any similar reason or event.
29. For support enquiries, please contact us at support@babypicsapp.com
Governing Law
30. The laws in force in Queensland govern these Billing Terms.
YOUR PRIVACY IS IMPORTANT TO US. PLEASE READ THE FOLLOWING PRIVACY POLICY BEFORE USING THIS APP OR OTHER SERVICES THAT WE PROVIDE. BY ACCESSING OR USING OUR APP OR OUR SERVICES (OTHER THAN TO READ THIS PRIVACY POLICY FOR THE FIRST TIME), YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY.
Baby Pics Pty Ltd. (“Baby Pics”, “we”, “our”, or “us” ) is pleased to offer you access to this software application and its related “Website” at www.babypicsapp.com (together, the “App”). Your use of the App is subject to the terms set forth in this Privacy Policy and any other terms we may provide you.
We have adopted this Privacy Policy to detail the types of information we collect when you use our App, how we use the information we collect from you, the instances in which we may share your information with others, and the choices and options you have to restrict our collection and/or sharing of your information.
A. WHAT INFORMATION DOES THE APP OBTAIN AND HOW IS IT USED?
The App typically collects two kinds of information about you: (a) information that you provide that personally identifies you (“PII”); and (b) information that does not personally identify you, which we automatically collect when you use the App or that you provide us (“non-PII”).
(1) Personally Identifiable Information (“PII”): Our definition of PII includes any information that may be used to specifically identify or contact you, such as your name, email address, baby's name, due date, and baby's date of birth. The data is collected from the user in-app. As a general policy, we require your email address and first name when initially registering for your account. You may enter your surname, but this is optional and not required to register.In certain circumstances, we may request, allow or otherwise provide you an opportunity to submit PII in connection with a feature, program, promotion or some other aspect of our App. For instance, you may: (a) provide your name and email address, in connection with a contest entry; (b) provide certain demographic information about you (e.g., age, gender, purchase preference, usage frequency, etc.) when participating in a survey or poll; or (c) post a general comment and/or recommendation on our App. Certain information may not be personally identifiable when standing alone (e.g., age), but may become so when combined with other information (e.g., age and name). Whether or not you provide this information is your choice; however, in many instances this type of information is required to participate in the particular activity, realize a benefit we may offer, or gain access to certain content on our Website.
(2) Non-Personally Identifiable Information (“non-PII”): Our definition of non-PII is any information that does not personally identify you. Non-PII can include certain PII that has been de-identified; that is, information that has been rendered anonymous. We obtain Non-PII about you from information that you provide us, either separately or together with your PII. We also automatically collect certain Non-PII from you when you access our Website. We may also receive non-PII from third party sources. This information can include, but is not limited to, the type of mobile device you use, your mobile device's unique device ID, the IP address of your mobile device, general geographic information, your mobile operating system, the type of mobile Internet browsers you use, search terms, other applications you have downloaded, and information about the way you use the App.
B. HOW WE USE & SHARE INFORMATION OBTAINED VIA THE APP?
(1) PII: The PII you submit to us is generally used to carry out your requests, respond to your inquiries, better serve you, or in other ways naturally associated with the circumstances in which you provided the information. We may also use this information to later contact you for a variety of reasons, such as customer service, providing you promotional information for our products or those of our parent company, subsidiaries or other affiliated companies (“affiliated companies”), or to communicate with you about content or other information you have posted or shared with us via our App.In certain instances we may also share your PII with our third party vendors performing functions on our behalf (or on behalf of our affiliated companies) – e.g., vendors that process credit card orders, administer our promotions, provide us marketing or promotional assistance, analyze our data, assist us with customer service, etc. Our vendors agree to use this information, and we share information with them, only to carry out our requests. In addition, we may share your PII with participating sponsors to a program or promotion (e.g., a sweepstakes or contest) you enter via our App and/or co-promotional partners and others with whom we have marketing or other relationships. Except as provided in this Privacy Policy or as disclosed when you submit the information, your PII will not be shared with or sold to any third party for that third party’s own business use without your prior approval.
(2) Non-PII: We use Non-PII in a variety of ways, including to help analyze use of our App, understand customer needs and trends, carry out targeted promotional activities, and to improve our App or services. We may use your Non-PII by itself or aggregate it with information we have obtained from others. We may share your Non-PII with our affiliated companies and third parties to achieve these objectives and others, but remember that none of this information will personally identify or otherwise be tangibly associated with you.
C. OTHER USES AND INFORMATION
(1) Email Communications: If you provided your email address, we may from time to time communicate with you via email. You may “opt out” of receiving future email communications from us by clicking the “unsubscribe” link included in most emails we send, or as provided below; provided, however, we reserve the right to send you transactional emails such as customer service communications.
(2) Transfer of Assets: As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or all (or substantially all) of our assets, the PII and non-PII we have about you will be transferred to and used by this acquiring entity, though we will take reasonable steps to ensure that your preferences are followed. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties.
(3) Extraordinary Circumstances: We reserve the right to disclose any PII or Non-PII about you if we are required to do so by law, with respect to copyright and other intellectual property infringement claims, or if we believe that such action is necessary to: (a) fulfill a government request; (b) conform with the requirements of the law or legal process; (c) protect or defend our legal rights or property, our App, or other users; or (d) in an emergency to protect the health and safety of our App users or the general public.
(4) Your California Privacy Rights: Residents of the State of California, under certain provisions of the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed certain PII as defined under California law during the preceding year for third party direct marketing purposes. Requests are limited to one per calendar year. If you wish to take advantage of and believe you are entitled to the rights afforded under California, your request must attest to the fact that you are a California resident and provide a current California address for our response. We will comply with California law where applicable. You may request the information in writing at support@babypicsapp.com.
(5) Sharing of Content: Within the App, you may be provided the option to share content (e.g., a pic) directly with social networking or other platforms (e.g., Facebook, Instagram, Pinterest, etc.). If you choose to share any content from the App with a third party platform, please note that you are agreeing to that platform’s use of your content and information consistent with its relevant privacy and other policies – not this Privacy Policy. We are not responsible for the privacy practices employed by any third party platform.
(6) Children: The features, programs, promotions and other aspects of our App requiring the submission of PII are not intended for children. We do not knowingly collect PII from children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with PII, he/she should contact us at support@babypicsapp.com. We will delete such information from our files within a reasonable time.
D. SECURITY
We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our App. Please be aware that, although we endeavor to provide reasonable security for the information we process and maintain, no security system can prevent all potential security breaches. In the unfortunate event that your PII (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, we may notify you by e-mail (at our sole and absolute discretion) to the last e-mail address you have provided us in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation.
E. CHANGES
This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy here. You are advised to consult this Privacy Policy regularly for any changes, as continued use of the App is deemed approval of all changes.
F. CONTACT US & OPT-OUT INFORMATION
Please contact us via email at support@babypicsapp.com if: (a) you have questions or comments about our Privacy Policy; (b) wish to make corrections to or delete any PII you have provided; (c) want to opt-out from receiving future commercial correspondence, including emails, from us or our affiliated companies; or (d) wish to withdraw any consent you’ve provided to our sharing your PII with others. We will respond to your request and, if applicable and appropriate, make the requested change in our active databases as soon as reasonably practicable. Please note that we may not be able to fulfill certain requests while allowing you access to certain benefits and features of our App.
You can request complete removal of all your data (PII and Non-PII), at any point. One must email support@babypicsapp.com with the request and all data will be permanently deleted (this includes any data shared with third party applications).
G. SOLE STATEMENT
This Privacy Policy as posted on the App is the sole statement of our privacy practices with respect to the App, and no summary, modification, restatement or other version thereof, or other privacy statement or policy, in any form, is valid unless we post a new or revised Privacy Policy consistent with the above terms.
1. INTRODUCTION AND ACCEPTANCE
Baby Pics Pty Ltd. (“Baby Pics”, “we”, “our”, “us”, or "Baby Pics™" ) offers you access to its interactive online websites, applications and services. These Terms of Use, and any additional terms which might apply to certain products or services, govern your use of our websites (“Website”) or any of our widgets or other applications (“Applications”) – together, our “Services”. Our Services include http://www.babypicsapp.com and all other locations on which we place these Terms of Use.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES. BY USING ANY OF OUR SERVICES (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN SECTION TITLED “AMENDMENTS; ADDITIONAL TERMS”. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE OUR SERVICES.
2. INTELLECTUAL PROPERTY
Our Services and associated content (and any derivative works or enhancements of the same) including, but not limited to, all artwork, text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features included with or available through our Services (collectively, the “Service Content”) and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear in our Services are owned by us, our licensors, or identified third parties. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in our Services or any Service Content. Any rights not expressly granted in these Terms of Use are expressly reserved.
3. ACCESS AND USE
(A) Our Services are provided for your personal, non-commercial use only. We may offer certain portions of our Services at no charge and others for a one-time fee, on a subscription basis or under any other lawful pricing structure. In all instances, our Services are not being sold to you; rather, you are being granted or purchasing a limited license to use our Services. In addition, unless we specifically tell you otherwise, the use of any of our paid Services does not transfer across operating systems and/or different equipment (e.g., mobile devices, computers, etc.). For example, unless we specifically tell you otherwise, the use of our mobile Application is limited to the relevant device and/or operating system you are using at the time you purchase a license to use the Application.
(B) When using our Services, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms of Use or as we may otherwise permit, you may not use, reproduce, duplicate, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Service Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third party content, its applicable owner. In certain instances, we may suggest, ask or otherwise permit you to download, install or print Service Content. In such a case, you may do so only in the manner authorized and for your non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading, installing or printing Service Content.
(C) Furthermore, except as expressly permitted in these Terms of Use, you may not:
(i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through our Services or Service Content;
(ii) circumvent, disable or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any software or other Service Content;
(iii) use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or Service Content for any purpose without our express written permission;
(iv) collect or harvest any personally identifiable information from our Services including, without limitation, user names, passwords, email addresses;
(v) solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
(vi) attempt to or interfere with the proper working of our Services or impair, overburden, or disable the same;
(vii) decompile, reverse engineer, or disassemble any portion of our software or other Service Content, or our Services;
(viii) use network-monitoring software to determine architecture of or extract usage data from our Services;
(ix) encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Membership (as defined below));
(x) violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
(xi) engage in any conduct that restricts or inhibits any other user from using or enjoying our Services.
(D) You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.
4. SERVICE CONTENT & THIRD PARTY LINKS
(A) We provide our Services including, without limitation, Service Content for educational, entertainment and/or promotional purposes only. You may not rely on any information and opinions expressed through any of our Services for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Service Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Service Content.
(B) In many instances, Service Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement offered through our Services by anyone other than our authorized employees or spokespersons while acting in their official capacities.
(C) Our Services may link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
5. INDEMNIFICATION
You agree to indemnify and hold harmless BabyPics™ and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with:
(i) your use of our Services;
(ii) User Content provided by you or through use of your Membership;
(iii) any actual or alleged violation or breach by you of these Terms of Use;
(iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or
(v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
6. DISCLAIMER OF WARRANTIES
(A) YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND SERVICE CONTENT (INCLUDING SOFTWARE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, BABYPICS™ AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY:
(1) WARRANTIES THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS;
(2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF OUR SERVICES OR SERVICE CONTENT;
(3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE;
(4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH OUR SERVICES;
(5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES;
(6) WARRANTIES THAT YOUR USE OF OUR SERVICES WILL BE SECURE OR UNINTERRUPTED; AND
(7) WARRANTIES THAT ERRORS IN OUR SERVICES OR SERVICE CONTENT (INCLUDING SOFTWARE) WILL BE CORRECTED.
7. LIMITATION ON LIABILITY
(A) UNDER NO CIRCUMSTANCES SHALL BABYPICS™ OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR SERVICES OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SERVICES INCLUDING, WITHOUT LIMITATION, SERVICE CONTENT IS TO STOP USING OUR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF GOODS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR SERVICES OR ANY LINKS PLACED IN OUR SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR SERVICES OR ANY LINKS PLACED IN OUR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD PARTY OR CONDUCT OF A THIRD PARTY USING OUR SERVICES.
(B) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF BABYPICS™ AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES EXCEED THE LESSER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY BABYPICS™ DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF OUR SERVICES OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
(C) In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
8. TERMINATION
(A) We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your use of our Services for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that BabyPics™ is not liable to you or any third party for any termination or suspension of your Membership or for blocking your use of our Services.
(B) Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Membership or these Terms of Use shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, and all of the provisions in the Section titled “MISCELLANEOUS”.
9. COPYRIGHT POLICY
(A) We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Membership of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.
(B) In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”).
(B) In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”).
(C) If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) 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 at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(v) 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.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
10. CHOICE OF LAW; JURISDICTION AND VENUE
These Terms of Use shall be construed in accordance with the laws of Australia without regard to its conflict of laws rules. Any legal proceedings against BabyPics™ that may arise out of, relate to, or be in any way connected with our Website or these Terms of Use shall be brought exclusively in the state and federal courts of Australia and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
11. DISPUTE RESOLUTION & MANDATORY ARBITRATION
(A) We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by contacting us at the address provided in these Terms of Use. We will contact you based on the contact information you have provided us.
(B) If after 30 days the parties are unable to resolve any dispute raised under the previous provision, the dispute may be submitted to arbitration consistent with this Section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.
(C) We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810.
(D) We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
(E) Exception to Arbitrate. Either of us may bring qualifying claims in small claims court. Further, as set forth below, we each agree that any arbitration will be solely between you and BabyPics™, not as part of a classwide claim (i.e., not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn't apply and the classwide dispute must be brought in court.
12. NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
13. NO TRIAL BY JURY
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
14. AMENDMENT; ADDITIONAL TERMS
(A) We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Services or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of our Services generally, unique of our Services, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.
(B) Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Website, notification by email or through any of our Applications. It is your responsibility to review the Terms of Use from time to time for any changes or Additional Terms. Your access and use of our Services following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of our Services and, if applicable, terminate your Membership.
15. USER GENERATED CONTENT
By using the Baby Pics hashtag #BabyPicsApp on your photo(s) or video(s) or submitting your photo(s) or video(s) via email or direct message (“Submission”), user grants Baby Pics (and those they authorize) a royalty-free, world-wide, perpetual, irrevocable non-exclusive and sublicensable license to publicly display, distribute, reproduce and create derivative works of the submissions, in whole or in part, in media now existing or later developed, for any purpose, including, but not limited to, advertising and promotion on Baby Pics (and those they authorize) websites, social media channels, apps, email and publications. You acknowledge and give consent that your name, social media handle, associated caption and likeness may be used by Baby Pics (and those they authorize).
By tagging your photo(s) or video(s) with #BabyPicsApp or submitting photo(s) or video(s) via email or direct message, you agree to the following:
You acknowledge that Baby Pics is not responsible for, and has no liability for, any use of all or any part of a Submission. You agree to hold harmless and release Baby Pics, along with its respective officers, directors, employees, agents, assigns, licensees and successors, from any and all claims, demands, or causes of action (collectively “claims”) that you or your heirs, representatives, executors, administrators, or any other persons acting on your behalf or on behalf of your estate have or may have, whether now in in the future, relating to the use of your photo(s) or video(s), including without limitation, any claims of defamation, invasion of privacy, rights of publicity or copyright, or any other right you may have.
16. MISCELLANEOUS
(A) No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
(B) Except where specifically stated otherwise, if any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected.
(C) These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.
(D) You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.