Terms, Conditions, Policies, and Disclaimers

Contents

Privacy Policy

Your trust means the world to us.We want you to be clear about how we handle your information.

This page has been crafted to address any questions you may have about how we manage your personal data. We understand how vital this topic is to our readers, and we respect your right to be informed.

The following F.A.Q. is tailored for BabyByMonth readers. If you wish to delve into finer details, kindly visit our comprehensive Privacy Policy page.

FREQUENTLY ASKED QUESTIONS

  1. Why does BabyByMonth collect and use my data?At BabyByMonth, our objective is to offer an enriched and tailored experience for our readers. This means understanding certain preferences and behaviors of our audience. By gauging which articles or sections resonate with you, we can better align content to your interests. Remember, the content you see is determined by our commitment to quality and doesn't solely rely on data metrics.

Additionally, while our platform thrives on content for new parents, it's also sustained through selective advertising. These functions, at times, utilize readers' data to curate relevant promotional content for you.

  1. What type of data is collected about me when I'm on BabyByMonth?The data we gather is based on the services and features you engage with. We categorize data collection into direct and indirect.

Direct data collection is when you willingly provide data, such as signing up with your email address.

Indirect data collection occurs subtly as you browse our blog. This could include insights into your reading patterns or frequency of visits. We might also gain insights from external databases or platforms, but always within ethical and legal boundaries.

  1. What does BabyByMonth do with the data it collects on me?Your data helps us refine our content strategy and make suggestions that might interest you. It also aids in tailoring a personalized reader experience, which can encompass selective marketing and advertising.
  2. How is my data protected?Your data's security is paramount. We've established a robust set of organizational, technical, and physical barriers to ensure that your data remains confidential within BabyByMonth. We're continually enhancing our protective measures to shield your information.
  3. What steps can I take to ensure my data's safety?We champion our readers to adopt best practices to protect their data. Look out for our guides on digital privacy for valuable insights.
  4. Why do you offer log-in options via Facebook and Google?We've listened to our readers' feedback, and many seek a hassle-free log-in process.

Opting to sign in through Facebook or Google allows them to share limited information with us to set up your account. Rest assured, we don't share your BabyByMonth reading habits with Facebook or Google. For more, visit our social login page.

  1. Where can I learn more about personal data management online?BabyByMonth consistently features articles on this significant theme. Check our dedicated sections for a deeper understanding of digital privacy and how it pertains to you.
  2. Does BabyByMonth endorse the Global Privacy Control (GPC)?Absolutely.

Whenever a GPC signal is identified from a reader’s browser, and where laws like GDPR or CCPA apply, we refrain from distributing the reader’s personal information online (barring interactions with our service vendors).

Further details on GPC can be accessed at the Global Privacy Control website.

Have more questions?Our dedicated team is always ready to address any inquiries or feedback about our privacy practices. Kindly reach out to us at help@babybymonth.com.

Terms of Use

Last updated on October 27, 2023

This page outlines the terms and conditions that guide your usage of BabyByMonth products or services, including the BabyByMonth.com website and related mobile applications, offered by BabyByMonth, Inc. and certain of its affiliates ("BabyByMonth", “us”, or “we”).

PLEASE READ THESE TERMS WITH UTMOST ATTENTION PRIOR TO USING ANY BabyByMonth PRODUCTS OR SERVICES, SINCE THESE TERMS HAVE SIGNIFICANT IMPLICATIONS ON YOUR LEGAL ENTITLEMENTS.

CRUCIAL ALERT - ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: BY CHOOSING TO ADHERE TO THESE TERMS OF SERVICE, YOU CONSENT THAT ALL DISAGREEMENTS BETWEEN US SHALL BE ADDRESSED THROUGH BINDING ARBITRATION, EXCLUDING A FEW SPECIFIED KINDS OF DISPUTES DETAILED IN SECTION 12 BELOW. THIS ARBITRATION COMMITMENT MEANS YOU ARE RELINQUISHING YOUR RIGHT TO SEEK JUDICIAL REDRESS AND YOUR RIGHT TO A JURY TRIAL. INSTEAD, DISPUTES SHALL BE RESOLVED BY AN IMPARTIAL ARBITRATOR. FURTHERMORE, YOU AGREE THAT DISPUTES, EITHER THROUGH JUDICIAL PROCEEDINGS OR ARBITRATION, SHALL ONLY BE INITIATED ON AN INDIVIDUAL LEVEL, AND YOU ARE RENOUNCING YOUR RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ARBITRATION OR CLASS LAWSUIT. PLEASE CLICK HERE TO DELVE DEEPER INTO SECTION 12 OF THIS AGREEMENT FOR ADDITIONAL INFORMATION.

To gain insight into how BabyByMonth gathers, utilizes, and disseminates any personal details, please refer to our Privacy Policy. If you are based outside the European Economic Area, your acknowledgment of these Terms of Service indicates your approval to the processing activities detailed in our Privacy Policy as per the laws governing your location.

1. General Rules and Definitions

1.1 If you choose to use certain BabyByMonth products or services governed by these Terms of Service, including BabyByMonth.com (the “Site”), BabyByMonth's mobile sites and applications, any features of the Site, including but not limited to notifications, tools, and other downloads, and BabyByMonth's content delivery (collectively, the "Services"), you will be agreeing to abide by all of the terms and conditions of these Terms of Service between you and BabyByMonth.

1.2 We may modify, add to, or remove portions from these Terms of Service at any time by notifying you of the change in writing (including by email or by updating the date above after “Last Updated On”). Such modifications will become effective immediately upon posting. It is your responsibility to review these Terms of Service before each use of the Site.

1.3 IF ANY OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, OR ANY FUTURE MODIFICATIONS, ARE UNACCEPTABLE TO YOU, YOU MAY: (1) CANCEL YOUR ACCOUNT (SEE SECTION 10 REGARDING TERMINATION OF SERVICE) AND/OR (2) DISCONTINUE YOUR USE OF THE SERVICES. YOUR ONGOING USE OF THE SERVICES NOW, OR AFTER THE POSTING OF UPDATED TERMS OF SERVICE, INDICATES YOUR ACCEPTANCE OF THESE TERMS OF SERVICE, MODIFICATIONS, OR CHANGES.

1.4 BabyByMonth may alter, suspend, or discontinue any facet of the Services at any time, which includes the availability of any Services feature, database, or content. BabyByMonth may also set limits on certain features and services or limit your access to sections or the entirety of the Services without notification or liability.

1.5 Being exposed to advertising is a condition of accessing the Services.

2. Content on the Services

2.1 The contents of the Services, including the Site, are intended for your personal, non-commercial use. All materials presented or available on the Services (including, but not limited to text, photographs, images, illustrations, designs, audio clips, video clips, "look and feel," metadata, data, or compilations, all collectively referred to as the "Content") are protected by copyright and are owned or controlled by BabyByMonth or the entity credited as the provider of the Content. BabyByMonth also owns copyright in the selection, coordination, compilation, and enhancement of such Content (“Arrangement”). You must adhere to all additional copyright notices, information, or restrictions found in any Content accessed through the Service. Non-commercial use does not allow for the use of Content without prior written approval from BabyByMonth in connection with: (1) the creation of any software program, especially, but not limited to, training a machine learning or artificial intelligence (AI) system; or (2) providing archived or cached datasets containing Content to another individual or entity.

2.2 The Services and Content are shielded by copyrights, trademarks, patents, trade secrets, database rights, sui generis rights, and other intellectual or proprietary rights pertaining to the Services and Content under U.S. and international laws. You may not modify, publish, transmit, partake in the transfer or sale of, reproduce (except as laid out in Section 2.3 of these Terms of Service), derive new works from, distribute, perform, display (including framing and inline linking), communicate to the public, or in any manner exploit, any of the Content (or its Arrangement) or the Services in part or in its entirety.

2.3 You may download or copy the Content and other downloadable materials displayed on the Services solely for your personal use, given that you uphold all copyright and other notices found in the Content and other downloadable materials. Storing or copying any Content for purposes other than personal use is strictly forbidden without prior written consent from BabyByMonth, or the copyright owner identified in the copyright notice found in the Content.

2.4 Some Content might be provided by third-party sources, who are not liable for any delays, inaccuracies, errors, or omissions in any such Content, or in the transmission or delivery of any part of that Content, or for any consequences arising from them.

3. User-generated content: Submissions, including comments, reader reviews, and more

3.1 If you upload, post, or submit any content on the Service, you affirm to us that you possess all the requisite legal rights to do so, and it will not contravene any law or the rights of any individual. Do not upload, distribute, or publish any content to the Services that is libelous, defamatory, obscene, pornographic, abusive, or otherwise unlawful. Do not impersonate any entity or misrepresent your identity, association, or status. Refrain from knowingly providing misleading information with fraudulent intent. Avoid uploading to the Services any malware, viruses, spyware, or any other harmful software or files. The use of automated methods to upload or distribute content to the Services is prohibited.

Be polite. Refrain from threatening or verbally maligning other users, employing defamatory language, or intentionally disrupting conversations with repetitive, pointless messages or "spam."

Use respectful language. An inclusive online community thrives when members feel valued and safe. Ensure your language does not discriminate based on race, religion, nationality, gender, sexual orientation, age, location, disability, etc. Engaging in hate speech may result in an immediate and permanent ban from the Services.

Engage in healthy debate. While differing opinions are inevitable, BabyByMonth encourages active discussions and debates. However, personal attacks contravene these Terms of Service and can lead to immediate and permanent suspension from the Services.

3.2 BabyByMonth's Services are intended for non-commercial use. Unless expressly approved by BabyByMonth, you are prohibited from publishing material that solicits funds, advertises, or solicits for goods or services. Misusing any part of the Services to gather, store, or use user information for unauthorized purposes is prohibited.

3.3 Recognize that any submissions you make to the Services (such as comments, forum messages, reviews, text, video, audio, photographs, computer code, and applications) may be edited, removed, or modified by BabyByMonth. You waive any rights over material alterations not agreeable to you. Your submissions may also be incorporated into our RSS feeds, APIs, and other formats for redistribution.

3.4 You grant BabyByMonth an enduring, non-exclusive, global, royalty-free, sub-licensable license to your Submissions. This includes the right for BabyByMonth, or its designated third parties, to use, reproduce, transmit, excerpt, distribute, publicly display or perform, modify, and create derivative works from any Submission. This extends to any form or media currently known or subsequently developed. BabyByMonth may license submissions, such as comments, for diverse uses but ensures personal data removal during such processes.

3.5 You bear sole responsibility for your Submissions. Although BabyByMonth cannot scrutinize every Submission and is not accountable for their content, it retains the right to delete, relocate, or edit Submissions deemed offensive, defamatory, obscene, in breach of copyright or trademark laws, or contrary to these Terms of Service.

3.6 By making a Submission, you consent to its display on the Site and within the Services, including related promotional uses online and offline.

4. Prohibited Use of the Services

4.1 You are prohibited from accessing or using, or attempting to access or use, the Services in a manner that could potentially harm us, other users, or any third party. Do not use the Services in contravention of relevant laws, including but not limited to export controls, sanctions, or in violation of BabyByMonth's or any third party's intellectual property or other legal rights. Furthermore, you agree not to:

(1) Access any part of the Services, Content, data, or information for which you lack authorization, or for which BabyByMonth has revoked your access;

(2) Deploy robots, spiders, scripts, software, or any manual or automated device, tool, or method intended to mine or scrape the Content, data, or information from the Services, or use the Services' content in an unauthorized manner;

(3) Utilize the Content for the creation of software programs, notably training any machine learning or artificial intelligence systems;

(4) Employ services, software, or any manual or automated device, tool, or method designed to bypass any restrictions, conditions, or technological measures safeguarding access to the Services, such as overriding security features or sidestepping access controls or use limits;

(5) Cache or archive the Content, with the exception of public search engines using spiders for index creation;

(6) Take actions that place an unreasonable or disproportionately large burden on our network or infrastructure; and

(7) Engage in activities that could compromise, impair, or alter the functioning or appearance of the Services, inclusive of the manner in which advertisements are presented.

4.2 Engaging in any prohibited activities as outlined above may lead to civil, criminal, and/or administrative penalties, fines, or sanctions against the offender and any aiding entities.

5. Representations, Warranties, and Limitations

5.1 You hereby confirm and guarantee: (1) that no materials submitted via your account will: (a) infringe upon or violate the rights of any third party, including but not limited to copyright, trademark, privacy, or other personal or proprietary rights, or (b) contain content that is libelous or otherwise illegal; (2) that if you are located in the USA or the UK, you are at least thirteen years of age, and if located elsewhere, you are at least sixteen years of age; and (3) if you are under eighteen years of age, a parent or legal guardian has reviewed and agreed to these Terms of Service on your behalf. You agree to indemnify and defend BabyByMonth and all of its officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") from any claims or expenses, including attorney's fees, arising from: (1) any breach by you or any user of your account of these Terms or the aforementioned guarantees; or (2) any act of gross negligence or intentional wrongdoing on your part. You must provide full cooperation in the defense of any such claim. BabyByMonth retains the right, at its own expense, to undertake the sole defense and control of any matter otherwise subject to indemnification by you.

5.2 BabyByMonth does not vouch for the accuracy or credibility of any advice, opinion, or other information presented or disseminated via the Services. Any reliance on such opinions, advice, statements, or information is solely at your own risk. TO THE FULLEST EXTENT ALLOWED BY LAW, the Services are provided "AS IS" without any warranties, be they express or implied, including warranties of title or implied warranties of merchantability or fitness for a particular purpose. While we strive for the continuous availability, accuracy, and timeliness of the Services, BabyByMonth does not guarantee that the Services will be uninterrupted or free of errors. Delays, omissions, or inaccuracies might occur. The content is not a replacement for professional advice, whether medical, legal, financial, or otherwise. Always seek professional advice for any questions or concerns. We bear no responsibility for any investment decisions made based on the content provided. We are neither registered financial advisors nor do we provide specific investment advice or endorse any specific product.

5.3 IN NO EVENT SHALL BabyByMonth or its affiliates, including shareholders, directors, officers, employees, advertisers, content providers, and licensors ("BabyByMonth Parties") be liable for any indirect, consequential, special, incidental, punitive, or exemplary damages, including lost profits, savings, revenues, or data, even if advised of their possible occurrence. This limitation applies irrespective of whether the alleged liability stems from negligence, contract, tort, or any other legal theory. If any jurisdiction deems any part of this section unenforceable, then BabyByMonth Parties' liability shall be limited as much as legally possible.

6. REGISTRATION AND SECURITY

6.1 As part of your registration or account setup with BabyByMonth, you will establish login details by choosing a password and providing an email address. You may also link your account with third-party services such as Apple, Facebook, or Google. It's essential to provide accurate and up-to-date registration information.

Each registration is unique to one user. Sharing your login details or granting access to another individual is prohibited. If such sharing is detected, BabyByMonth may suspend or terminate your access. You are solely responsible for safeguarding your password and are not required to disclose it to any BabyByMonth representative or agent. You must not: (1) impersonate another person by using their login details; (2) use the credentials of another without their consent; or (3) choose credentials that are deemed offensive by BabyByMonth. Violating these terms may lead to immediate suspension or termination of your account.

Any communications from BabyByMonth will be sent to the provided email address. All notices, updates, and other electronic communications from us meet any legal written communication requirements. It's your responsibility to store our communications so they remain accessible in their original form.

6.2 For any suspected or known unauthorized access or security breaches, such as password loss, unauthorized password disclosure, or credit card information breaches, please contact us at help@babybymonth.com.

6.3 In the USA and the UK, users must be at least 13 years old to access any part of BabyByMonth. Elsewhere, the age limit is 16. If you're under 18, have your parent or guardian review these terms and complete the registration or purchase on your behalf.

6.4 Your account with BabyByMonth is your responsibility, which includes any activity by third parties given access by you. Any actions that are fraudulent, harmful, or illegal might lead to account termination. In such cases, we may also involve law enforcement.

6.5 If your BabyByMonth access comes via a third party, like a school or employer, they might have shared information about you with us for service access (like your IP address, email, or name).

6.6 BabyByMonth strives to maintain a secure platform, but we can't guarantee immunity from all viruses or harmful codes. It's crucial for you to adopt IT security measures, including antivirus software, to ensure the safety and reliability of your use of our Services.

7. FEES AND PAYMENTS

7.1 BabyByMonth reserves the right to introduce fees for accessing certain features or the entirety of our Services. However, you will never be charged without your prior consent. If we decide to impose charges on features that are currently complimentary, we will notify you in advance. If you do not agree with these changes, you are free to cancel your account with BabyByMonth (refer to Section 10.1 for details on service termination). Any and all new fee structures will be clearly displayed on the BabyByMonth website and in relevant sections of our Services.

For any charges incurred on your account, whether from BabyByMonth or other vendors associated with our platform, you will be billed based on the prevailing rates during that billing cycle. It is your responsibility to settle these fees and charges. Furthermore, you are responsible for any taxes associated with your usage of BabyByMonth through your account.

8. THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY WEBSITES.

8.1 BabyByMonth's Services may contain links to third-party websites, resources, and advertisers, collectively referred to as “Linked Content”. BabyByMonth does not exercise control over, endorse, sponsor, recommend, or assume responsibility for any Linked Content. Since we do not oversee these external resources or their content, including their privacy practices, any issues or concerns regarding any Linked Content should be directed to the respective third-party site.

9. SOFTWARE LICENSES

9.1 We grant you a limited, revocable, and non-transferable license to use the BabyByMonth mobile applications ("Apps") on devices you own or have a legal right to use in accordance with these Terms of Service, any Terms of Sale (where applicable), and any additional terms specific to the particular application.

9.2 You have no rights to the proprietary software, related documentation, or any enhancements or modifications provided to you to access the BabyByMonth Services ("Software").

9.3 You may not sublicense, assign, or transfer any licenses granted by BabyByMonth, and any attempt at such sublicense, assignment, or transfer will be null and void. You are permitted to make a single copy of the Software for archival purposes only.

9.4 You may not copy, distribute, modify, reverse engineer, or create derivative works from the Software provided by BabyByMonth.

10. TERMINATION; SURVIVAL

10.1 You may terminate your BabyByMonth account at any time by contacting our Customer Care. For international users, please refer to our international contact information provided on our site. Termination of any paid services or products will be governed by BabyByMonth's Cancellation and Refund Policy.

10.2 BabyByMonth may, at its sole discretion, terminate or suspend your access to all or part of its Services for any reason, including but not limited to, breach or violation of these Terms of Service.

10.3 Provisions stated in these Terms of Service will continue to apply even after the termination of your account or access to BabyByMonth Services.

11. GOVERNING LAW; JURISDICTION

11.1 These Terms of Service have been established and will be construed and enforced in accordance with the laws of the United States of America and the State of New York. This agreement will be considered as having been wholly performed in the State of New York, irrespective of any conflict of law provisions, and the United Nations Conventions on Contracts will apply (if relevant).

11.2 Any claim or cause of action related to the use of BabyByMonth Services or these Terms of Service must be initiated within one year from the time such claim or cause of action emerged, or it will be permanently barred. Any claims you might have in relation to these Terms of Service will be subject to monetary damages, and under no circumstances will you be entitled to seek injunctive or other equitable relief.

12. WAIVER OF CLASS ACTIONS; ARBITRATION

12.1 Binding Arbitration. You and BabyByMonth acknowledge that disputes related to intellectual property rights might require specialized forms of equitable relief best administered by courts. Therefore, you and BabyByMonth agree that, except for i) claims related to intellectual property, and ii) any claims suitable for small claims court, where the dispute amount is within that court's jurisdiction (together termed “Excluded Claims”), any controversy or dispute arising from these Terms of Service, your association with BabyByMonth, or your use of BabyByMonth's Services (referred to as “Covered Claims”) will be settled through binding, individual arbitration. THIS MEANS THAT FOR ALL COVERED CLAIMS, YOU FORGO THE RIGHT TO PURSUE LEGAL ACTION IN COURT AND THE RIGHT TO A JURY TRIAL. Instead, a neutral arbitrator will handle the matter.

12.2 WAIVER OF CLASS ACTIONS. You and BabyByMonth concur that both parties can only raise disputes – whether they're Covered Claims or Excluded Claims – against the other on an individual basis, not as part of a class or representative action, such as a state or federal class action lawsuit or class arbitration.

12.3 Conduct of Arbitration; Governing Rules. Any arbitration relating to Covered Claims between us will be overseen by the American Arbitration Association (“AAA”) as per its Consumer Arbitration Rules and its Supplementary Rules for Multiple Case Filings (“AAA Rules”). Please visit the American Arbitration Association website at adr.org for more on arbitration and the AAA Rules. The arbitrator has jurisdiction over all issues, except determining the scope and application of the arbitration clause. This falls to the court. As outlined in Section 11, New York law governs any arbitration in this context. However, the interpretation and enforcement of this provision fall under the Federal Arbitration Act. This arbitration clause doesn't prevent you from reporting issues to federal, state, or local agencies, which might seek relief on your behalf if permissible.

Before initiating arbitration for a Covered Claim, both parties commit to sending a detailed written notice to the other about the potential dispute. This includes: (1) the legal and factual basis for the claim; (2) contact information; and (3) desired remedies. Both parties will then make a good faith effort for at least 30 days to resolve the matter before considering formal resolution methods, such as arbitration or court action. To notify BabyByMonth of a dispute, please contact help@babybymonth.com or BabyByMonth, Attn: Legal Department, [Address of BabyByMonth's headquarters].

Unless you and BabyByMonth mutually decide otherwise, the location for any arbitration hearings will be determined based on the AAA Rules. All fees related to filing, administration, and the arbitrator will be subject to the AAA Rules. If at any point the arbitrator deems a claim to have been filed without basis or maliciously, the filing party will be required to compensate the other for all related expenses.

Any judgment the arbitrator passes can be presented in any competent federal or state court situated in New York County, State of New York. The arbitrator can grant either monetary or equitable relief but only in favor of the party seeking relief and only as much as required by their individual claim. To expedite the process and cut costs, unless both parties request it, the arbitrator won't provide reasons for the award.

12.4 Litigation related to Excluded Claims or any other dispute where arbitration is denied will be restricted to a suitable federal or state court in New York County, State of New York.

12.5 All provisions in this Dispute Resolution – Arbitration and Waiver of Class Actions section will remain effective post-termination of these Terms of Service, the relationship with BabyByMonth, or your account.

13. MISCELLANEOUS

13.1 These Terms of Service are established in and will be interpreted and enforced in accordance with the laws of New York. Any action to enforce these Terms of Service must be initiated in the federal or state courts located in New York City.

13.2 Nothing within these Terms of Service will override the commitments set forth in our Privacy Policy.

13.3 All correspondence should be directed to help@babybymonth.com.

13.4 You commit to promptly reporting any breaches of the Terms of Service to BabyByMonth as soon as you become aware of them. If you believe that any material within a Service infringes upon your copyright, please notify help@babybymonth.com. (For general inquiries, please contact help@babybymonth.com.)

13.5 Our failure to enforce a provision of these Terms of Service or to react to a violation by you or other parties shall not be considered a waiver of our right to subsequently enforce any part of these Terms of Service or to act upon similar violations.

13.6 If any provision within these Terms of Service is deemed invalid or unenforceable, said provision will be considered separable and must be interpreted in line with applicable law to reflect the original intentions of the parties as closely as possible. The validity and enforceability of the remaining provisions shall remain unaffected.

13.7 If you believe your copyrighted work has been reproduced in a way that constitutes infringement, please provide the following details in writing to BabyByMonth's Copyright Agent (refer to 17 U.S.C. § 512(c)(3) for additional details). An effective notice must include ALL of the below:

  • Your physical or electronic signature.
  • A description of the copyrighted work you believe has been infringed.
  • A description of where the alleged infringing material is located on the site.
  • Your address, phone number, and email address.
  • A statement by you that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf.

If you believe content you provided to BabyByMonth was wrongly removed or that access was improperly restricted, send the following Counter-Notification to BabyByMonth's Copyright Agent (as per 17 U.S.C. § 512(g)):

  • Your physical or electronic signature.
  • A description of the materials removed or access disabled and their prior location.
  • A statement, under penalty of perjury, that you believe the material was removed or disabled due to an error or misidentification.
  • Your contact details, a statement consenting to the jurisdiction of the Federal District Court for the district in which your address is located, and that you will accept service from the individual who reported the alleged infringement.

Claims of copyright infringement should be addressed to:

By mail:

BabyByMonth [9605 E. 25th Pl. Tulsa OK, 74129]

Attention: Copyright Agent [918-698-5768]

By email: help@babybymonth.com

13.8 If you're a resident of Oklahoma, you may contact BabyByMonth through chat or phone at [918-698-5768] to resolve any complaints about the Services or for further details about the Services.

14. SPECIAL TERMS

14.1 Beta Testing.

BabyByMonth might invite you to try out software, applications, downloads, or other features prior to their public or commercial introduction, termed as “Beta Test Services”. If you decide to participate in Beta Test Services, you consent to be governed by these Special Terms and to offer BabyByMonth feedback and suggestions about your experiences during your usage of the Beta Test Services (“Feedback”). We may require you to sign a confidentiality agreement specific to each Beta Test Service. If so, your role as a tester (“Tester”) is bound by that agreement as well as the following conditions that apply universally to all Beta Test Services.

You also acknowledge that the Beta Test Services and any related materials, which includes content (collectively referred to as “Pre-Release Materials”), are the confidential or proprietary information of BabyByMonth. By participating in the Beta Test Services, you agree to: (1) refrain from copying or duplicating the Pre-Release Materials; (2) safeguard the Pre-Release Materials against unauthorized access, disclosure, or use; and (3) fully adhere to any confidentiality agreement terms, if applicable.

Breach of the aforementioned obligations may result in irreversible damage to BabyByMonth, and we reserve the right to pursue injunctive or other equitable relief to prevent potential breaches. Your responsibility to keep the Pre-Release Materials confidential remains until BabyByMonth either publicly releases or discloses the specific Pre-Release Materials you were testing, without any fault on your part.

Upon request, you commit to promptly erase all copies of the Pre-Release Material provided to you by BabyByMonth.

Your engagement with Beta Test Services is solely for the purpose of evaluation and assisting BabyByMonth in identifying potential issues. By accessing the Beta Test Services, you agree that: (1) it's at your own risk due to potential known or unknown issues; (2) any saved preferences might be lost at any point; (3) BabyByMonth isn’t obligated to offer the Beta Test Services for free or even at all; (4) these overarching Terms apply to the Beta Test Services; (5) you will maintain the confidentiality of the Beta Test Services if asked; (6) any Feedback given becomes BabyByMonth's property without any due compensation; (7) BabyByMonth can utilize your Feedback without any obligation to you; (8) participation is voluntary and merely to aid BabyByMonth; and (9) no employment relationship is established between you and BabyByMonth due to your involvement.

In case of any inconsistencies between these Special Terms and the overall Terms, these Special Terms take precedence.

14.2 Terms for Apple Product Users. If the application you obtain and/or use comes from the Apple App Store:

  1. Both you and BabyByMonth recognize that the Terms are between you and BabyByMonth, excluding Apple, and Apple isn't responsible for the application (“App”) or its content.
  2. The App's license is restricted, non-exclusive, non-transferrable, and non-sublicensable, solely for private and non-commercial use in line with the Services and these Terms.
  3. The App should only be utilized with an Apple device owned or controlled by you.
  4. Apple holds no responsibility for any support or maintenance services related to the App.
  5. If the App fails to adhere to any warranty, notifying Apple can result in a refund of the App's purchase price, if applicable.
  6. Any claims concerning the App should be addressed to BabyByMonth, not Apple.
  7. In case of third-party intellectual property rights infringements claims due to the App or its use, BabyByMonth, not Apple, will handle them.
  8. You affirm that you aren't in a U.S. embargoed country or on any U.S. Government's prohibited list.
  9. Your use of the App should comply with any third-party agreements.
  10. Both parties understand that Apple and its subsidiaries can enforce these Terms as third-party beneficiaries.

Conditions

  1. Acceptance of Terms: By accessing or using the BabyByMonth website, mobile applications, or any associated services, users confirm their acceptance of these Terms of Use, Privacy Policy, and the Cookie Policy.
  2. Personal Information: Users acknowledge that they've reviewed and understand BabyByMonth’s Privacy Policy, and consent to the collection, storage, and use of their personal information as outlined therein.
  3. Use of Cookies: Users consent to BabyByMonth’s use of cookies and similar tracking technologies as per the Cookie Policy, recognizing that they play a crucial role in enhancing user experience and service functionality.
  4. Age Restriction: Users affirm that they are at least 13 years old. Individuals under the age of 13 are prohibited from using BabyByMonth services unless supervised by a parent or guardian who has agreed to the Terms of Use and other related policies.
  5. Appropriate Use: Users will use BabyByMonth services for personal and non-commercial purposes only, and will not misuse, alter, or exploit any content or services provided.
  6. Intellectual Property: All content provided on BabyByMonth, including but not limited to graphics, text, and software, is owned by or licensed to BabyByMonth and is protected by copyright laws.
  7. Feedback: Any feedback, comments, or suggestions users provide regarding BabyByMonth's services shall be non-confidential and may be used by BabyByMonth without restriction.
  8. Third-Party Links: BabyByMonth may include links to third-party websites or services. Users acknowledge that BabyByMonth is not responsible for the content, accuracy, or opinions expressed on such websites, and these websites are not routinely monitored by BabyByMonth.
  9. Updates & Modifications: BabyByMonth reserves the right to modify these conditions, the Terms of Use, Privacy Policy, and the Cookie Policy at any time. Users are expected to periodically review these conditions and policies for any updates.
  10. Disputes & Governing Law: Any dispute arising from the use of BabyByMonth services will be governed by the laws of the jurisdiction where BabyByMonth is based, excluding its conflicts of law rules.
  11. Limitation of Liability: Users agree that BabyByMonth will not be held liable for any indirect, incidental, or consequential damages arising from the use or inability to use its services.
  12. Termination: BabyByMonth reserves the right to terminate or suspend access to its services without prior notice, for conduct that BabyByMonth believes violates these conditions or is harmful to other users, BabyByMonth, or third parties, or for any other reason.
  13. By continuing to access or use BabyByMonth’s services, users confirm that they've read, understood, and agreed to be bound by all of the aforementioned conditions.

Disclaimers

Please read this disclaimer carefully before using the BabyByMonth blog, email, or other resources by BabyByMonth. Your access to and use of this blog signifies your acceptance of this disclaimer and any modifications made to it. If you disagree with any part of this disclaimer, please discontinue use of our website immediately.

  1. General Information & Purpose: All information presented on BabyByMonth is for informational purposes only. While we strive to provide accurate and up-to-date information, we cannot guarantee the completeness, reliability, or accuracy of the content found on this blog. The information provided should not be taken as professional medical, developmental, safety, or other specialized advice.
  2. No Professional Advice: The information provided on this blog is not a substitute for professional advice or consultation. Always seek the advice of a qualified professional regarding any medical condition, developmental concern, safety issue, or any other specialized area. Never disregard or delay seeking professional advice based on something you have read on BabyByMonth.
  3. Affiliate Links: Some links on BabyByMonth are affiliate links. This means we might earn a commission if you click on the link or make a purchase using the link. While we may promote or endorse certain products, we are not responsible for your use of or reliance on any product, and you should always exercise your judgment before buying any product or service based on our recommendations.
  4. Limitation of Liability: Under no circumstances shall BabyByMonth or its authors be held liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use, or inability to use, the blog. This includes, but is not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of any content posted or otherwise available via the blog.
  5. Emergency Situations: If you are facing a medical emergency or believe that a child or someone else may be in danger, please immediately call emergency services or seek medical attention.
  6. Changes to Disclaimer: We reserve the right to modify this disclaimer at any time. It's your responsibility to review it regularly to be aware of any changes.

By using BabyByMonth, you acknowledge that you understand and agree to this disclaimer. If you have any questions about this disclaimer, please contact us.