Updated April 5, 2018
PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE AGREEING TO REGISTER ON
OUR SITE. HEREIN YOU WILL FIND INFORMATION ABOUT YOUR LEGAL RIGHTS,
LIMITATIONS, EXCLUSIONS AND DISPUTE RESOLUTION RELATING TO THE USE OF
OUR SERVICES.
Introduction
My Baby's Family, LLC ("MBF", "we", "us", or "our" as applicable) provides
adoption related online information and services only. MBF is not an
adoption advisor (i.e. agency, attorney, consultant) and does not match
expectant parents with adoptive families. MBF does not provide legal or
medical advice nor do we endorse or refer to those who do. MBF encourages
you to consult with legal or medical professionals of your choice regarding
any legal or medical questions you may have. We endeavor to keep all
information on our site as current as possible, but do not guarantee that
it is and strongly advise verifying any information found on our site prior
to acting upon it.
Acceptance of Terms of Use
These terms of use are entered into by and between you, the user, and MBF.
The terms and conditions contained below, together with all other documents
they reference and expressly incorporate by reference (these "Terms of
Use"), govern your access to, and use of, our website, mobile site, or
mobile application (the "Site"), including any content, functionality, and
services offered on or through the Site.
By clicking the button or checking the box to agree to these Terms of Use,
you accept and agree to be bound by these Terms of Use, our Privacy Policy,
which can be found at [INSERT WEB ADDRESS], which is a
part of this agreement and fully incorporated herein by this reference, and
our Community Rules, which can be found at [ INSERT WEB ADDRESS], also fully incorporated herein by
this reference. You agree to use the Site in accordance with these Terms of
Use, our Privacy Policy, our Community Rules, and any additional terms and
conditions that are referenced herein or within the Site. Continued use of
and access to the Site, in any manner, whether automated or otherwise,
constitutes use of the Site and your continuing agreement to be bound by
these Terms of Use, the Privacy Policy, and our Community Rules. If you do
not wish to agree to, or be bound by, these Terms of Use, you cannot access
or use the Site.
The Site is available to users who are at least 13 years old and reside in
the United States or any of its territories or possessions. By accepting
these Terms of Use and using the Site, you are representing and warranting
to MBF that you meet the age and residency requirements in the previous
sentence. If you do not meet these requirements, you cannot access or use
the Site.
Changes to Terms of Use
We reserve the right to change, modify, add, or remove any portion of these
Terms of Use, in whole or in part, at any time, and in our sole discretion.
Such changes will be effective when posted and will govern access to, and
use of, the Site from that point forward. We may require that you
affirmatively accept and consent to the revised Terms of Use in order to
continue to access the Site. In any event, your continued use of the Sites
and/or the Services after any changes are posted will be considered
acceptance of those changes. It is your responsibility to review the Terms
of Use from time to time so that you remain aware of any changes and to
discontinue using the Site if you find these terms unacceptable at any
time.
Rights and Restrictions Relating to Site Content
Your Limited Right to Use Site Materials
. This Site and all the materials available on the Site (including, without
limitation, information, software, source and object code, text, displays,
images, video and audio, and the composition, design, selection, and
arrangement thereof) are the property of MBF, our affiliates, or our
licensors, as applicable, (the "Protected Material") and are protected by
copyright, trademark, and other intellectual property laws. The Site is
provided solely for your personal noncommercial use. You may not use the
Site or the Protected Materials available on the Site in a manner that
constitutes an infringement of our rights or the rights of any of our
licensors or that has not otherwise been authorized by us. More
specifically, unless explicitly authorized in these Terms of Service or by
the owner of the Protected Materials, you may not modify, copy, reproduce,
republish, upload, post or display publicly or otherwise, transmit,
translate, sell, create derivative works, exploit, or distribute in any
manner or medium (including by email or other electronic means) any
Protected Material from the Site. For information about requesting
permission to reproduce or distribute Protected Material from the Site,
please contact us at Info@MyBabysFamily.com.
Unless otherwise indicated, MBF owns all right, title, and interest in and
to the Site, including materials submitted by others, and all Protected
Materials. Specifically, and not in limitation of the generality of this
section, we hold all right, title, and interest to: (1) source code,
including but not limited to, all text, graphics, animation, audio
components, and digital components associated with the Site; (2) all
interfaces, navigational devices, menus, menu structures or arrangements,
icons, help and other operational instructions, and all other components of
any source or object computer code that comprises the Site; (3) all literal
and non-literal expressions of ideas that operate, cause, create, direct,
manipulate, access, or otherwise affect the Site; (4) all copyrights,
patents, trade secrets, and other intellectual or industrial property
rights in the Site or any component or characteristics thereof; and (5) the
complete list of designated search terms or "keywords" used in providing
services.
For the avoidance of any doubt, no right, title, or interest, in or to the
Site or Protected Materials is transferred to you, and all rights not
expressly granted by these Terms of Use are reserved to MBF.
Our Right to Use Materials You Submit or Post
. This Site may include a variety of features, such as discussion forums,
blogs, photo- and video-sharing pages, email services and social networking
features that allow feedback to us and allow users to interact with each
other on the Site and post content and materials for display on the Site.
This Site also may include other features, such as personalized home pages
and email services, that allow users to communicate with third parties.
When you submit or post any material via the Site ("User Content"), you
grant us, and anyone authorized by us, a royalty-free, perpetual,
irrevocable, non-exclusive, unrestricted, worldwide license to use, copy,
modify, transmit, sell, exploit, create derivative works from, distribute,
and/or publicly perform or display such User Content, in whole or in part,
in any manner or medium (whether now known or hereafter developed), for any
purpose that we choose. The foregoing grant includes the right to exploit
any proprietary rights in such User Content, including, but not limited to,
rights under copyright, trademark or patent laws that exist in any relevant
jurisdiction. Also, in connection with the exercise of these rights, you
grant us, and anyone authorized by us, the right to identify you as the
author of any of your User Content by name, email address, or screen name,
as we deem appropriate.
You understand that the technical processing and transmission of the Site,
including User Content submitted by you, may involve transmissions over
various networks, and may involve changes to the User Content to conform
and adapt it to technical requirements of connecting networks or devices.
You will not receive any compensation of any kind for the use of any User
Content submitted by you.
You represent and warrant to MBF that (i) you own or control all rights in
and to any User Content you post to the Site and have the right to grant
the license, described above, to MBF and anyone designated by us, and have
secured any necessary permissions from third parties to post the User
Content (ii) if the User Content contains pictures in which other
individuals appear, you have secured the consent of the individuals
depicted prior to posting the User Content, (iii) the User Content will not
injure any rights of any third party, and (iv) you have read, agree to
abide by, and the User Content complies with, our Community Rules.
You understand and acknowledge that you are responsible for any User
Content you post to the Site and you, not MBF, have full responsibility for
the User Content and its legality, reliability, accuracy, and
appropriateness. MBF is not responsible or liable to any third party for
the content or accuracy of the User Content posted by you or others on the
Site or for the speech, content, or messages of you or other users of the
Site.
Limitations on Linking and Framing
. You are free to establish a hypertext link to our Site so long as the
link does not state or imply any sponsorship of your website or service by
us or by our Site. However, you may not, without our prior written
permission, frame or inline link any of the content of our Site, or
incorporate into another website or other service any of our material,
content or intellectual property, including, without limitation, the
Protected Materials.
Prohibited Uses
You may only use the Site for lawful purposes and for purposes that are in
compliance with these Terms of Use, our Privacy Policy, and our Community
Rules. Any violation of law, these Terms of Use, our Privacy Policy, or our
Community Rules can result in, without limiting the other remedies
available to MBF, termination of your access to the Site, prevention of
access to the Site in the future, and filing reports with appropriate law
enforcement agencies, which may include your submitted information and
identity, for any suspected violation of law.
You shall not use the Site:
- In any way that violates applicable federal, state, local, or international law or regulation, including, without limitation, laws governing intellectual property or the transmission of personally identifiable information.
- For the purpose of exploiting, harming, or attempting or assisting any third party to exploit or harm minors in any way by exposing them to inappropriate content, asking for or impermissibly sharing personally identifiable information, or otherwise.
- To transmit or enable the sending of any advertising or promotional material, whether with or without written consent, including junk mail, spam, chain letters, mass marketing messages, or any other form of solicitation.
- To impersonate MBF, an MBF employee or agent, a governmental or law enforcement official, other users of the Site, or any other individual or entity, whether by means of express representation, implication, use of usernames or email addresses associated with any of the foregoing, or by any other means.
- To engage in conduct that is offensive or disruptive or inhibits any other individuals use or enjoyment of the Site or which may, in MBF’s sole discretion, harm MBF or the site, or expose MBF to any liability.
- In any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site in any way.
You further agree not to:
- Use or employ any robot, spider, or any other automatic device, process, algorithm, code, or means to access the Site for any purpose, including the monitoring or copying of any material or information posted or contained on the Site.
- Use any manual process to monitor or copy any information or material contained on the Site or for any unauthorized purpose without our prior written consent, which may be withheld in our sole discretion.
- Use or employ any device, process, algorithm, code, routine, or software that interferes with the proper working of the Site.
- Introduce, by any means, any viruses, Trojan horses, worms, logic bombs, or any other algorithms, code, or materials that are malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or otherwise disrupt, in any way, any portions of the Site, the server on which the Site is stored, any points of access to the Site or such server, or any other server, computer, or database connected to the Site.
- Attack or assist an attack upon the website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with, in any way, the proper working of the Site.
Monitoring and Enforcement
We expressly reserve the right, but shall not be obligated, to:
- Remove or refuse to post any User Content contributed by you or other users of the Site, for any reason or no reason and in our sole discretion.
- Take action with respect to any User Content that we deem necessary or appropriate, in our sole discretion, including without limitation, if we believe that the User Content violates the Terms of Use, our Privacy Policy, or our Community Rules, infringes any intellectual property rights or any other rights of any individuals or entity, threatens the safety or well-being of other Site users or any third party, or could create liability for MBF.
- Disclose your identity or other information about you to any third party who claims that any User Content posted by you violates their rights, including intellectual property rights or rights to privacy.
- Take appropriate legal action, including, without limitation, referral of any matter to appropriate law enforcement agencies, for any illegal or unauthorized use of the Site.
- Terminate or suspend your access to the Site for any reason, including, without limitation, a violation of these Terms of Use.
You expressly acknowledge that we have the right to cooperate fully with
appropriate law enforcement agencies or orders from a court of competent
jurisdiction requesting or directing us to disclose the identity or other
information of anyone posting materials on or through the Site. You also
acknowledge that we may disclose the identity or information of anyone
posting materials on the Site if we believe, in our sole discretion, that
the same is reasonably required, and not prohibited by law, for the
protection of the public or to protect our rights and interest in the Site.
YOU WAIVE ANY CLAIMS AND DAMAGES RESULTING FROM ANY ACTION TAKEN BY MBF
DURING, OR AS A CONSEQUENCE OF, INVESTIGATIONS BY MBF OR ANY APPROPRIATE
LAW ENFORCEMENT AGENCIES.
Notwithstanding the foregoing, MBF cannot review all User Content before it
is posed to the Site, and cannot ensure prompt removal of User Content that
is deemed to be objectionable or in violation of these Terms of Use. MBF
assumes no liability for any action or inaction regarding transmission,
communication, or content provided by any third party. MBF shall have no
liability to any person or entity for the performance or non-performance of
the activities described in this section.
Access to Certain Features of Our Site
From time to time, we may restrict access to portions of, or all of, the
Site and any services or features offered through the Site to registered
users. If we require registration, it is a condition of your use of the
Site that all of the information you provide to MBF is true, complete,
current, and accurate at all times, and you agree to update any outdated or
incorrect information as promptly as reasonably possible.
To access certain features of our Site, we may ask you to provide certain
demographic information including your gender, year of birth, zip code, and
country of residence. In addition, if you elect to sign-up for a particular
feature of the Site, such as discussion forums, blogs, photo- and
video-sharing pages or social networking features, you may also be asked to
register with us on the form provided and such registration may require you
to provide information such as your name and email address. If we believe
that any such information is untrue, inaccurate, or incomplete, we have the
right, in our sole discretion, to suspend or terminate your account and
refuse any and all current or future use of the Site (or any portion
thereof). Our use of any information you provide to us as part of the
registration process or otherwise, including, without limitation, through
engagement with any interactive portions of the Site, is governed by the
terms of our Privacy Policy, and you expressly consent to all actions we
take with respect to such information that are consistent with our Privacy
Policy.
At all times, you are responsible for undertaking all steps required for
you to have access to the Site, including, without limitation, completing
any registration process that might be required, from time to time. You are
further responsible for ensuring that all individuals who access the Site
through your internet connection are aware of these Terms of Use and comply
with the same.
If you select, or are provided with, a username, password, or other login
credentials as part of a Site security procedure or registration process,
you agree to treat such information as confidential and shall not share it
with a third party. We reserve the right, in our sole discretion, and at
any time, to reject or terminate any usernames we deem to be offensive or
otherwise inappropriate. Any account you create is personal to you, and you
may not permit any other person or entity to access the Site through your
account. You must notify us immediately of any unauthorized use of your
account or any other breach of security. You agree to exit your account at
the end of each session. When using a public or shared computer, you agree
not to store your password or other information in any web browser or
locally on the public or shared computer such that third parties could
obtain access to your information or account.
Privacy
We respect the privacy of the users of our Site. Please review our Privacy
Policy. Your continued use of the Site shall be deemed to be your continued
consent to all of the terms contained in the Privacy Policy.
Limitation on Use of Company Directories
The information contained in any company directory that may be provided on
the Site is provided for business lookup purposes and is not to be used for
marketing or telemarketing applications. This information may not be copied
or redistributed and is provided "AS IS" without warranty of any kind. In
no event will we or our suppliers be liable in any way with regard to such
information.
Modifications to, or Discontinuation of, the Site
We reserve the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Site, or any portion thereof,
and any service or material we may provide through the Site, in our sole
discretion, with or without notice. You agree that we will not be liable to
you or to any third party for any modification, suspension, or
discontinuance of the Site or any portion thereof for any reason at any
time.
We reserve the right to deny access, including, without limitation, by
means of disabling any username, password, or other login credentials, to
the Site or any features of the Site to anyone who violates these Terms of
Use, our Privacy Policy, the Community Rules, or who, in our sole judgment,
interferes with the ability of others to enjoy our website or infringes
upon the rights of others, or for any other reason we, in our sole
discretion, determine.
DISCLAIMER OF WARRANTIES
You acknowledge and understand that MBF cannot guarantee that files, links,
or any other content (including User Content submitted by other users of
the Site) on the internet or the Site will be free of viruses or other
malicious or destructive code. You are responsible for implementing
appropriate safeguards to satisfy your requirements for anti-virus and
anti-malware protections, accuracy of data input and output, and for
maintaining a means for reconstruction of any of your data that may be
lost. TO THE FULLEST EXTENT PROVIDED BY LAW, MBF SHALL NOT BE LIABLE FOR
LOSS OR DAMAGE CAUSED BY ANY DISTRIBUTED DENIAL-OF-SERVICE ATTACKS,
VIRUSES, TROJAN HORSES, OR OTHER MALICIOUS CODE OR TECHNOLOGY THAT MAY
INFECT YOUR COMPUTER OR DEVICES DUE TO YOUR USE OF THE SITE OR INTERACTION
WITH OTHER USERS OR USER CONTENT.
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY
EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. NEITHER MBF OR ANY OF ITS AGENTS
OR AFFILIATES MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE
COMPLETENESS, SECURITY, RELIABILITY, ACCURACY, OR AVAILABILITY OF THE SITE
OR USER CONTENT OR THAT THE SAME WILL BE ERROR-FREE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MBF EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING SHALL
NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER
APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL MBF, ITS
AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE
OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS,
LICENSORS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER
ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR
INABILITY TO USE, THE SITE, ANY USER CONTENT ON THE SITE, OR ANY LINKS TO
THIRD PARTY WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER CAUSED BY TORT, BREACH OF
CONTRACT, OR OTHERWISE, AND WHETHER FORESEEABLE OR UNFORESEEABLE, IN AN
AMOUNT EXCEEDING THE AGGREGATE SUBSCRIPTION FEES YOU HAVE PAID FOR USE OF
THE SITE IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENTS
OUT OF WHICH SUCH LIABILITY AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR
LIMITED BY APPLICABLE LAW AND DOES NOT APPLY TO OUR GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT.
INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS MBF, ITS AFFILIATES,
LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS,
DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS,
SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES,
JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE
ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE
TERMS OF USE OR YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, USER
CONTENT THAT IS POSTED FROM YOUR ACCOUNT OR INTERNET CONNECTION, ANY USE OF
THE SITE'S CONTENT, SERVICES, AND PRODUCTS OTHER THAN AS EXPRESSLY
AUTHORIZED BY THESE TERMS OF USE, OR YOUR USE OF ANY INFORMATION OBTAINED
FROM THE SITE.
Governing Law and Jurisdiction
These Terms of Use, our Privacy Policy, our Community Rules, and all other
matters relating to the Site, and any dispute or claim arising out of or
related to the foregoing, shall be governed by, and construed in accordance
with, the laws of the State of Indiana without giving effect to any
conflict of law rules or provisions. Any such suit, action, or proceeding
shall be instituted exclusively in the federal courts of the United States
or the courts of the State of Indiana, in each case located in Marion
County, Indiana. You expressly submit to the personal jurisdiction of such
courts, and you agree to waive any and all objections to the exercise of
jurisdiction over you by such courts and to venue in such courts.
Severability
If any provision of these Terms of Use is held by any court of competent
jurisdiction to be invalid, illegal, or unenforceable, such provision shall
be eliminated or limited to the minimum extent required and the remaining
provisions of these Terms of Use shall continue in full force and effect.
Entire Agreement
These Terms of Use, our Privacy Policy, and our Community Rules constitute
the complete agreement and understanding between you and MBF regarding the
Site and expressly supersedes any prior or contemporaneous understandings,
agreements, representations, and warranties, written or oral, relating to
the Site.
