TERMS AND CONDITIONS OF USE AND DISCLIAMER

BY ACCESSING OR USING ANY PART OF WWW.BABYDAILYLOG.COM (THE “SITE”) YOU AGREE TO BE BOUND BY THE FOLLOWING CONDITIONS OF USE, DISCLIAMER AND PRIVACY POLICY. IF YOU DO NOT WISH TO BE BOUND BY THESE CONDITIONS, YOU MAY NOT ACCESS OR USE THIS SITE.
WE MAY CHANGE THESE CONDITIONS AT ANY TIME WITHOUT ANY NOTICE TO YOU. BY YOUR CONTINUED ACCESS AND USE OF THIS SITE YOU AGREE TO BE BOUND BY THE MOST CURRENT VERSION OF THE CONDITIONS OF USE. PLEASE CHECK THESE CONDITIONS PERIODICALLY FOR ANY CHANGES THAT HAVE BEEN MADE.

BABYDAILYLOG.COM may modify, limit, suspend or discontinue, temporarily or permanently, the BABYDAILYLOG.COM Site or any part of the BABYDAILYLOG.COM Site at any time, without notice or liability to you. BABYDAILYLOG.COM may also, from time to time, establish general rules and policies regarding use of the BABYDAILYLOG.COM Site. BABYDAILYLOG.COM will post such rules and policies on the BABYDAILYLOG.COM Site, and you agree that your compliance with such rules and policies shall be a condition of your use or continued use of the BABYDAILYLOG.COM Site. BABYDAILYLOG.COM shall have no liability or responsibility with respect to any lost data or Messages, such as the deletion or failure to store messages, communications or other Messages transmitted by you.

2. Registration and Security

Each registration is for a single user only. In consideration of your use of the BABYDAILYLOG.COM Site and the services contained therein, you agree to provide accurate, current and complete information about yourself as requested on the BABYDAILYLOG.COM Site registration form and to maintain and promptly update the information (including, in particular, your e-mail address) you provide from time to time as necessary to keep the information true, accurate, current and complete. By accepting the terms and conditions of this Agreement, you represent and warrant that you are at least 13 years of age or older, and you have legal authority to enter into this Agreement. In addition, if you enter any information on the site, you represent and warrant that you are the parent or legal guardian of the individual subject of the data or that you are otherwise authorized by the parent or legal guardian to enter such data.

Any changes to your registration information should be made on the BABYDAILYLOG.COM Site. If you provide information that is untrue, inaccurate, not current or incomplete, BABYDAILYLOG.COM may suspend or terminate your account, and refuse any and all current or future use of the BABYDAILYLOG.COM Site and the services provided.

We may at our sole discretion refuse registration to the website.

Any user name and/or password we issue to you are personal to you and you may not share these with and/or transfer these to any third party.

We may at our sole reasonable discretion, suspend or cancel your registration if you breach any of these Conditions.

When you register on the BABYDAILYLOG.COM Site, you will create a password for your use of the BABYDAILYLOG.COM Site and the services offered therein. You will be responsible for all uses of your password. You will immediately notify BABYDAILYLOG.COM of any unauthorized use of your passwords. BABYDAILYLOG.COM cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

3. Privacy Statement

Registration and other information about you are subject to BABYDAILYLOG.COM's privacy policy and shall only be used in accordance with that policy. For more information, please go to the BABYDAILYLOG.COM’s Privacy Policy. Please review the Privacy Policy before you use the Web Site. By accessing and/or using the Web Site, you will be deemed to have accepted the terms and conditions of the Privacy Policy. If you are unwilling to accept the terms and conditions of the Privacy Policy, you must immediately cease using the Web Site.

4. Use of the BABYDAILYLOG.COM Site

You are solely responsible for all content, data, information and other materials (the “Messages”) that you upload, post, e-mail or otherwise transmit (‘Transmit”) to the BABYDAILYLOG.COM Site.

You agree that you will not:

1. Use the Site in any unlawful manner or Transmit any Content or Message that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortuous, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another's privacy or racially, ethnically or otherwise objectionable;
2. Use the Site to harm minors in any way;
3. Transmit any Messages:
1. that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information;
2. that infringe any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret of any third party;
3. that constitute unsolicited or unauthorized advertising or promotional materials, "spam," "chain letters," or pyramid schemes; or
4. that contain any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data;
4. Forge headers or otherwise manipulate identifiers in order to disguise any messages transmitted through the BABYDAILYLOG.COM Site;
5. Interfere with the BABYDAILYLOG.COM Site or servers or networks connected to the BABYDAILYLOG.COM Site;
6. Interfere with the ability of others to use the BABYDAILYLOG.COM Site;
7. Reproduce, sell, resell, sub-license, distribute or exploit for any commercial purposes, any portion of the BABYDAILYLOG.COM Site or any Messages contained therein;
8. Conduct your business on the BABYDAILYLOG.COM Site or any web sites, with respect to BABYDAILYLOG.COM, in a way that is unfair, unlawful, or constitutes a deceptive business practice;
9. Otherwise use the BABYDAILYLOG.COM Site in connection with violation of any law or contract. You acknowledge and agree that BABYDAILYLOG.COM may disclose or use any Messages that you Transmit for the purposes of
1. enforcing the terms and conditions of this Agreement;
2. complying with any laws, regulations or rules of any federal, state or local government or agency;
3. responding to claims that any Messages violate the rights of third parties; or
4. protecting the rights or property of BABYDAILYLOG.COM, its customers and the public. With respect to Messages that you Transmit to public areas (such as, but not limited to, support blogs, support forums and email support) of the BABYDAILYLOG.COM Site, you grant BABYDAILYLOG.COM a perpetual, worldwide, royalty-free, nonexclusive license to reproduce, display, publish, modify, distribute and create derivative works of such Messages.

We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or locate anyone posting any material in breach of these Conditions. Any breach of these Conditions may lead to us reporting your activities to your internet service provider, your employer, the Police, relevant authorities and/or to legal action being taken against you.

5. Ownership and Intellectual property

The BABYDAILYLOG.COM Site and all material on the BABYDAILYLOG.COM Site contained therein, including, without limitation, all text, graphics, and other works on the BABYDAILYLOG.COM Site, the BABYDAILYLOG.COM Site's design and coding, all computer programs used and licensed in connection with the BABYDAILYLOG.COM Site, the look and feel of the BABYDAILYLOG.COM Site, and all data (other than data entered into the BABYDAILYLOG.COM Site by its registered users) and reports generated by the BABYDAILYLOG.COM Site are owned by BABYDAILYLOG.COM and its licensors. These materials are protected under copyright, trademark and other laws. Except in connection with browsing the BABYDAILYLOG.COM Site, entering data or generating data through the BABYDAILYLOG.COM Site or otherwise as expressly authorized by BABYDAILYLOG.COM or the owner of the Content in question, you may not copy, download, transmit, modify, distribute or republish any of the Content displayed on the BABYDAILYLOG.COM Site, without the prior written consent of BABYDAILYLOG.COM. Other than expressly authorized by BABYDAILYLOG.COM, you may not sell, publicly display, create derivative works of, reverse engineer, assign, sub-license, transfer or otherwise exploit the BABYDAILYLOG.COM Site or any Content therein. BABYDAILYLOG.COM grants you a personal, non-transferable, nonexclusive license to use the BABYDAILYLOG.COM Site and the Content displayed therein (to the extent you are authorized to access such Content), provided that you comply with these Terms and Conditions and any other rules regarding such use.

The Web Site, or third parties on the Web Site, may provide links to other sites and/or resources, including advertisers, over which we have no control. These links are provided solely as a convenience to users to the Web Site and should not be construed as an endorsement by us of content, items, or services on those third-party web sites. You access and use such sites, including the content, items, or services on those sites, solely at your own risk. We make no representations or warranties with respect to the content, personal information collection practices, ownership, or legality of any such linked web sites. You agree that we have no responsibility or liability for the availability of such external sites or resources, or for the content, advertising, products, or other materials available through such sites or resources.

We shall have no liability to you for any loss or damage suffered by you as a result of linking to any site from the Web Site to the maximum extent permitted by law.

You agree to hold harmless and indemnify BABYDAILYLOG.COM, its subsidiaries and affiliates, business partners, contractors, clients and service providers, and their respective officers, employees, agents and representatives from and against any claims, liabilities, costs or damages, including reasonable attorneys' fees and paralegal fees through final appeals, made by any third party, or relating to or arising from your use of the BABYDAILYLOG.COM Site, any Messages that you Transmit to or through the BABYDAILYLOG.COM Site, any violation of these Terms and Conditions by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the BABYDAILYLOG.COM Site.

Price and availability of the BABYDAILYLOG.COM Site are subject to change without notice. All payments (including any applicable taxes) must be made by credit card in United States dollars. If BABYDAILYLOG.COM (or its designated agent) does not receive payment authorization from the User's credit card clearing service, BABYDAILYLOG.COM may immediately suspend the BABYDAILYLOG.COM Site. The registering User is responsible for the payment of all charges associated with the BABYDAILYLOG.COM Site subscription, and for submitting accurate credit card account information on the BABYDAILYLOG.COM Site therefore.

Site subscriptions are one-time charges, billed in advance and have a fixed expiration date. In addition, if BABYDAILYLOG.COM provides data storage following the expiration of a site subscription, BABYDAILYLOG.COM may charge a fee for this service in accordance with the terms set forth under www.babydailylog.com/pricing. No refunds shall be made to the User's account, including credits for partial months of service or refunds for unused months. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the User shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. The expiration of a Site's subscription may cause the loss of Content, Materials, features or capacity of the Site and BABYDAILYLOG.COM does not accept any liability for such loss.

9. User Data and Access

When you enter data into the BABYDAILYLOG.COM Site, you create electronic files, which are stored on the BABYDAILYLOG.COM Site servers. BABYDAILYLOG.COM shall, for so long as your account remains active, retain these files for your ongoing use.

Notwithstanding the above, BABYDAILYLOG.COM retains the right (but not the obligation) to delete the above-referenced electronic files upon the termination of your account, without prior notification to you via e-mail or other means. BABYDAILYLOG.COM may, at its option, continue to make the data available solely for your review and editing, but specifically not for the purpose of creating or adding any additional records.

10. Termination

You are solely responsible for properly canceling your account using the tools provided on the "My Account" page. You acknowledge and agree that BABYDAILYLOG.COM may terminate your account or use of the BABYDAILYLOG.COM Site for any reason, including, without limitation, for your violation of the terms and conditions of this Agreement or your lack of use of the BABYDAILYLOG.COM Site. You agree that BABYDAILYLOG.COM may terminate your access to and use of the BABYDAILYLOG.COM Site without prior notice and without any liability to you or any third party.

11. Disclaimers and Limitation of Liability

1. You assume total responsibility and risk for your use of the BABYDAILYLOG.COM Site.
2. BABYDAILYLOG.COM is providing the BABYDAILYLOG.COM Site and its contents, including access to your data, on an "as-is," "as-available" basis.
3. BABYDAILYLOG.COM does not represent or warrant that the information accessible via the BABYDAILYLOG.COM Site is accurate, complete or current or will meet your requirements or expectations.
4. BABYDAILYLOG.COM does not warrant that the BABYDAILYLOG.COM Site will operate in an uninterrupted, secure or error-free manner.
5. You acknowledge and agree that the BABYDAILYLOG.COM Site is not intended as a substitute for parental monitoring. You are responsible for any decisions regarding the care of your child and you should not make any child care decisions based solely on the information included on the BABYDAILYLOG.COM Site. The BABYDAILYLOG.COM Site is provided solely as a convenience item for record keeping purposes and should not be relied on as the sole means or method for monitoring your child's activities or personal habits.
6. BABYDAILYLOG.COM disclaims all representations or warranties of any kind to the extent that they may be excluded by law with respect to the BABYDAILYLOG.COM Site or the content contained therein, including, but not limited to warranties of merchantability and fitness for a particular purpose or non-infringement.
7. Any material downloaded or otherwise obtained through use of the BABYDAILYLOG.COM Site is done at your own risk, and you will be solely responsible for any damage done to your computer or loss of data that results from such activity.
8. BABYDAILYLOG.COM and third parties who contribute to the BABYDAILYLOG.COM Site, and their respective directors, officers, employees and other representatives, are not responsible for any direct, indirect, punitive, economic, incidental, special or consequential damages, loss of goodwill or lost profits you might incur arising out of or in any connection with your use of or inability to use the BABYDAILYLOG.COM Site, the BABYDAILYLOG.COM Site content, including without limitation any and all liability arising out for breach of contract, breach of warranty, negligence, product liability, and any other statutory contract, tort and/or other liability, even if BABYDAILYLOG.COM has been advised of the possibility of damages.
9. If you live in a jurisdiction whose laws prevent you from taking full responsibility and risk for your use of the BABYDAILYLOG.COM Site in accordance with these terms, BABYDAILYLOG.COM's liability is limited to the greatest extent allowed by the law of that jurisdiction.

12. Proper Law and Jurisdiction

The BABYDAILYLOG.COM Site is controlled and managed from the BABYDAILYLOG.COM offices in (please insert the location). All rights and obligations relating to formation or performance of the agreement contained in the terms and conditions of this Agreement shall be governed by the laws of the State of the Commonwealth of Virginia, without reference to conflict or choice of law provisions, as applicable to contracts made and performed entirely within such State. The exclusive forum for the resolution of any dispute relating to the terms and conditions of this Agreement shall be the state and federal courts in  the Commonwealth of Virginia, USA, and you agree to personal jurisdiction of such courts over you with regard to any dispute relating to the terms and conditions of this Agreement, and agree to service of process on you by e-mail to the address you have submitted on the BABYDAILYLOG.COM Site, or by any other means deemed reasonable by BABYDAILYLOG.COM.

13. Notice

Notices to you may be made via either e-mail or regular mail. BABYDAILYLOG.COM may also provide notices of changes in the terms and conditions of this Agreement or other matters by displaying notices or links to notices to you generally on the BABYDAILYLOG.COM Site.

All notices, demands, or consents given under this Agreement from you will be in writing and will be deemed given when delivered to BABYDAILYLOG.COM by an email with the subject heading "CONTRACT NOTICE" which is sent to info@Babydailylog.com.com.

14. Violations

Please report any violations of the terms and conditions of this Agreement to BABYDAILYLOG.COM.

15. Miscellaneous

You may not assign, sub-license or otherwise transfer any of your rights under the terms and conditions of this Agreement.

If any provision of the terms and conditions of this Agreement are found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions of is Agreement, which shall remain in full force and effect.

Headings in the terms and conditions of this Agreement are for convenience only and shall have no legal meaning or effect.

No action arising under this Agreement may be brought at any time more than twelve (12) months after the facts occurred upon which the cause of action arose.

The terms and conditions of this Agreement, and not the conduct between us or any trade practice, shall control the interpretation of the agreement between the parties respecting the BABYDAILYLOG.COM Site. BABYDAILYLOG.COM's decision not to enforce a particular provision of this Agreement does not mean that BABYDAILYLOG.COM waives the right to enforce it. BABYDAILYLOG.COM shall waive such a right only in writing.