| Introduction
The following
Terms and Conditions govern your use of the ShowMeBaby.com
Web site. By using, visiting, or browsing the ShowMeBaby.com
Web site, you accept and agree to be bound by these Terms
and Conditions. If you do not agree to these Terms and
Conditions, you should not use the ShowMeBaby.com Web
site.
Changes
to Terms and Conditions
ShowMeBaby.com,
and its parent company Showmebaby, LLC, reserves the
right, from time to time, with or without notice to you,
to change these Terms and Conditions in our sole discretion.
The most current version of these Terms and Conditions
can be reviewed by clicking on the "Terms and Conditions"
hyperlink located at the bottom of the pages of the ShowMeBaby.com
Web site. The most current version of the Terms and Conditions
will supercede all previous versions. Your use of the
ShowMeBaby.com Web site after changes are made means that
you agree to be bound by such changes.
Privacy
Any information
submitted on the ShowMeBaby.com Web site is subject to
our Privacy Policy, the terms of which are incorporated
herein. Please review our Privacy Statement to understand
our practices.
Membership
and Billing
Limited Time
Free Trials
We encourage
the use of our service through free trials. Free trials
are only available to first time customers of the ShowMeBaby.com
websites and cannot be combined with any other offer.
Only one free trial may be redeemed per household.
Your free trial entitles
you, during the term of your free trial, to the same service
provided to our paying subscribers.
Billing
As a subscriber to ShowMeBaby,
you agree that we are permitted to charge your credit
card an annual subscription fee and any other charges
you may incur in connection with your use of ShowMeBaby.com.
The subscription fee will renew annually thereafter unless
and until you cancel. We will automatically charge your
credit card each year on the calendar day corresponding
to the commencement of your membership. All fees and charges
are nonrefundable. We may change the fees and charges
in effect, or add new fees and charges from time to time,
but we will give you advance notice of these changes by
email. If you want to use a different credit card or if
there is a change in your credit card validity or expiration
date, you may edit your credit card information by clicking
on Billing Information located under Manage Your Account
in your Account Manager.
Automatic Renewals
Your ShowMeBaby.com subscription
will be automatically renewed on an annual basis. For
your convenience, we will charge the subscription fee
to the credit card you provide to us during registration
(or to a different credit card if you change your billing
information). Your membership will automatically renew
for successive annual subscriptions, without prior notice
to you, unless and until you cancel your membership or
we terminate it. You must cancel your membership before
it renews in order to avoid billing of subscription fees
to your credit card.
Cancellation
As noted above, you may
cancel your subscription to ShowMeBaby.com at anytime.
To cancel, please send us an email stating that you want
to cancel to: support@ShoeMeBaby.com. We do not provide
refunds or credits for any partial annual subscription
periods. You will also be given 10 days to update credit
card information when your card for whatever reason is
no longer able to accept recurrent billing for the agreed
service of the site. Upon cancellation, your website will
become "inactive", thus not accessible via the
Internet. Your account information, including your digital
photos, will remain on our system for a period of 60 days
after cancellation. ShowMeBaby is not responsible for
the return of, or establishing access to your data, by
any means, after cancellation.
Disk Space Quota
The ShowMeBaby package includes
20 MB of storage space for your website files. This includes
photos, videos, audio and other images that a member can
upload to their website. When logging into your account
you will see a visual representation of the amount of
computer storage space you have utilized and how much
you have left. You will automatically be prompted by the
system to purchase additional computer storage space at
the prevailing rates should you wish to maintain computer
storage in excess of 20 MB.
Disclaimers of Warranties and Limitations
on Liability
The ShowMeBaby.com Web
site and its contents are provided "as is" and
we make no representations or warranties of any kind with
respect to the ShowMeBaby.com Web site or its contents.
We assume no liability or responsibility for any errors
or omissions in the content of the ShowMeBaby.com Web
site, any failures, delays, or interruptions in the electronic
transmission or shipment of photos, delivery of any content
contained on the ShowMeBaby.com Web site, any losses or
damages arising from the use of the content provided on
the ShowMeBaby.com Web site, or any conduct by users of
the ShowMeBaby.com web site. We disclaim all representations
and warranties, including, for example, warranties of
merchantability, fitness for a particular purpose, and
non-infringement. In addition, we do not represent or
warrant that the information accessible via our site is
accurate, complete or current.
You, the user, understand
and agree that the submission of film or any digital image
to the ShowMeBaby.com Web site, and the download or upload
of any material through ShowMeBaby.com service is done
at your own risk, and you will be solely responsible for
any loss or damage to your film or image and your computer
system or loss of data that my result in the download
or upload of any material.
In no event shall ShowMeBaby.com,
its parent company Showmebaby, LLC, its members,
directors, managers, officers, or employees be liable (jointly or
severally) to you for any special, incidental, indirect
or consequential damages of any kind, or any damages whatsoever
resulting from loss of use, data or profits, whether or
not advised of the possibility of damage, and on any theory
of liability, arising out of or in connection with the
use or performance of this information. If any applicable
authority holds any portion of this section to be unenforceable,
then liability will be limited to the fullest possible
extent permitted by applicable law.
Indemnification
You agree to indemnify,
defend and hold us harmless, and our officers, employees,
agents, licensors and third-party information providers
to the service, from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees,
resulting from any violation of these terms or any activity
related to your account by you or any other person accessing
the service using your account.
Intellectual Property
Copyright
All content included on
the ShowMeBaby.com Web site, including text, graphics,
logos, designs, photographs, button icons, images, audio/video
clips, digital downloads, data compilations, and software,
is the property of ShowMeBaby, its parent company Showmebaby, LLC, or its suppliers and is protected by United
States and international copyright laws. The compilation
of all content on this site is the exclusive property
of ShowMeBaby and protected by U.S. and international
copyright laws. They should not be reproduced or used
without express written permission from ShowMeBaby.com.
Trademarks
ShowMeBaby is a registered
trademark of Showmebaby, LLC and other marks indicated
on our site are trademarks of ShowMeBaby. All ShowMeBaby.com
graphics, logos, page headers, button icons, scripts and
service names are trademarks or trade dress of ShowMeBaby.
ShowMeBaby's trademarks and trade dress may not be used
in connection with any product or service that is not
ShowMeBaby's, in any manner that is likely to cause confusion
among customers, or in any manner that disparages or discredits
ShowMeBaby. All other trademarks not owned by ShowMeBaby
that appear on the ShowMeBaby.com Web site are the property
of their respective owners, who may or may not be affiliated
with, connected to, or sponsored by ShowMeBaby. Any images
of persons or personalities contained on the ShowMeBaby.com
Web site shall not be an indication of endorsement of
any particular product or our service unless otherwise
specifically indicated.
Web Site Content
The ShowMeBaby.com Web
site allows you and other third parties to post comments
concerning the websites provided by us. Any opinions,
advice, statements, services, offers, or other information
that constitutes part of the content expressed or made
available by third parties on the ShowMeBaby.com Web site
are those of the respective authors or producers and not
of ShowMeBaby or its members, directors, managers, officers,
or employees. Under no circumstances shall ShowMeBaby
or its members, directors, managers, officers, directors, or
employees be held liable for any loss or damage caused
by your reliance on information obtained through the ShowMeBaby.com
Web site. It is your responsibility to evaluate the information,
opinion, advice, or other content available through the
ShowMeBaby.com Web site.
We permit you to post comments
on ShowMeBaby.com Web sites and provided that the content
is not illegal, obscene, threatening, defamatory or otherwise
objectionable to us. In posting such content, you agree
not to use a false e-mail address or otherwise mislead
us or others regarding the origin of such content. We
do not regularly review the content posted on the ShowMeBaby.com
Web site; however, we reserve the right to remove or edit
such content at anytime without notice.
Use of Information Submitted
ShowMeBaby is free to use
any comments, information, ideas, concepts, reviews, or
techniques contained in any communication you may send
to the ShowMeBaby.com Web site without further compensation,
acknowledgement or payment to you for any purpose whatsoever
including, but not limited to, developing, manufacturing
and marketing products and creating, modifying or improving
the ShowMeBaby.com Web site or other Web sites.
WE RESPECT THE PRIVACY OF OUR CUSTOMERS
AND WILL NOT USE ANY COMMENTS, INFORMATION, DIGITAL OR
PRINTED PHOTOS, IDEAS OR CONCEPTS THAT ARE SUBMITTED BY
OUR CUSTOMERS WITHOUT THE EXPRESSED CONSENT OF THE CUSTOMER.
Your Conduct on the ShowMeBaby.com Web
Site
Unacceptable actions and content as
determined by us in our discretion, will constitute grounds
of blocking your access to our service, removal of posted
material and non-fulfillment of your order. As condition
of your use of this service, you may NOT
- Upload, post, email or otherwise
transmit any Content that is unlawful, defamatory, obscene,
vulgar, invasive of another's privacy or rights of publicity,
hateful, or otherwise objectionable in our estimation;
- Upload, post, email or otherwise
transmit any Content that you do not have a legal right
to transmit (such as a proprietary and confidential
information learned or disclosed as part of employment
relationships or under nondisclosure agreements) any
content that infringes any patent trademark, trade secret,
copyright or other proprietary rights of any party;
(c) Harm minors in any way;
- Forge headers or otherwise manipulate identifiers
in order to disguise the origin of any content transmitted
through this site;
- Interfere with our disrupt (or attempt to interfere
with or disrupt) this site or servers or networks connected
to this site, or disobey any requirements, procedures,
policies or regulations of networks connected to this
site;
- Exhibit expressions of abuse, offensive language
and imagery, obscenity, or pornography, including but
not limited to child abuse, child pornography or depictions
of minors engaged in sexual conduct.
- Impersonate any other person while using the ShowMeBaby.com
Web site, conduct yourself in a vulgar or offensive
manner while using our service, or use the ShowMeBaby.com
Web site for any unlawful purpose.
- Transmit any material sent from an anonymous or false
address.
Limitations on Use
You must be 18 years of
age or older to use the ShowMeBaby service. Unless otherwise
specified, the content on the ShowMeBaby.com Web site
is for your personal and non-commercial use and we grant
you a limited license to access the ShowMeBaby.com Web
site for that purpose. You may not download (other than
through page caching necessary for personal use), modify,
copy, distribute, transmit, display, perform, reproduce,
duplicate, publish, license, create derivative works from,
or offer for sale any information contained on, or obtained
from, the ShowMeBaby.com Web site without our express
written consent. Any unauthorized use of the ShowMeBaby.com
Web site or its contents will terminate the limited license
granted by us.
Right to Terminate
We reserve the right to
terminate or restrict your use of our service, without
notice, for any or no reason whatsoever.
Links
Some of the hyperlinks
on the ShowMeBaby.com Web site may lead to other Web sites
that are not controlled by, or affiliated with, ShowMeBaby.com.
In addition, other Web sites may link to the ShowMeBaby.com
Web site. ShowMeBaby.com has not reviewed these Web sites
and is not responsible for the content or privacy policies
of these Web sites.
General Terms
All legal issues arising
from or related to the use of this service shall be determined
in accordance with the laws of the State of California.
Any action hereunder must be brought, if at all, within
one (1) year from the accrual of the cause of action.
These terms of service constitute the entire agreement
between you and ShowMeBaby and its parent company, Showmebaby, LLC, with respect to the use of this service.
ShowMeBaby's failure to enforce any right or provision
in these terms of service shall not constitute a waiver
of such right or provision or of any other rights or provisions
in these terms of service.
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