BabyFlix provides members an easy, safe, and fun way to create and share Videos (collectively, the "Service"). Before you continue using the BabyFlix website located at www.babyFlix.net (the "Site") or use any of the BabyFlix services, it is important that you carefully review the Terms and Conditions set out below (the "Terms"). BY USING THE SITE, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into these Terms. These Terms may be changed or updated at any time, but you can always find the most recent version here. In the case of inconsistencies between these Terms and information included in other materials (for example, promotional materials and mailers), these Terms will always control. We recommend that you periodically check this page to make sure you are up to date.
By entering and using the Site, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and BabyFlix that you will use the Service only in a manner consistent with these Terms. If you have questions about these Terms, please contact us at firstname.lastname@example.org. Your use of the Site and the Service is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Service.
The Service is for personal use only; use of the Service for commercial use or for broadcast or distribution to persons outside of a normal circle of a family and its social acquaintances is expressly prohibited. A scan uploaded to a Member's account must be loaded through the clinic's account and not directly to a member created account. Clinic's uploading content directly to member created accounts are subject to fines and penalties as well as the content being archived. Member created accounts are meant for users to upload their own content.
To register as a member of BabyFlix, we require that you be 13 years or older.
By using our Service you agree to be bound by Section 1 of these Terms, which contains provisions applicable to all users of our Service. Our Service offers three classes of memberships: 1) Members who have registered with the Service and provided their email address, password; 2) Guests whom members have invited to view their Videos through the Service; 3) Visitors who visit www.babyflix.net and have no privileges to use the Service.
Section 1: Applies to all registered users of the service
This Service is operated by BabyFlix, Inc., a company incorporated under the laws of the State of California whose principal business address is BabyFlix, Inc., 310 Century Circle, Danville, CA 94526.
BabyFlix is also referred to in these Terms as "we" and "us".
2. Purpose of the Service
BabyFlix offers a web-based video creation service where registered users receive their ultrasound scan imagery directly from their scan, upload their own content, create a video, share it online, and get a download or DVD.
All brand, product, and service names used in this Service which identify BabyFlix or third parties and their products and services are proprietary marks of BabyFlix and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of BabyFlix or any third party with respect to any such image, logo or name.
BabyFlix uses reasonable endeavors to ensure that the Service is available 24 hours a day, 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades, and emergency repairs or due to failure of telecommunications links and equipment or other circumstances that are beyond the control of BabyFlix. Reasonable steps will be taken by us to minimize such disruption where it is within the reasonable control of BabyFlix. From time to time, and without notice to you, BabyFlix may add or delete certain features or function from the Service we provide. You agree that BabyFlix shall not be liable to you for any modification, suspension or discontinuance of the Service. While we do whatever we can to keep the site up, you are responsible for having backups of your content. Please download everything in your account to ensure you have a backup. We guarantee your content will be available for a period of one year after which there will be a charge to host content on BabyFlix. Content may be archived if the terms in this agreement are violated.
5. Customized Content
c. In connection with Customized Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant BabyFlix all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage BabyFlix or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. BabyFlix does not endorse any User Submission or any opinion, recommendation or advice expressed therein, and BabyFlix expressly disclaims any and all liability in connection with Customized Content. If notified by a user or a content owner of a User Submission that allegedly does not conform to this Agreement, BabyFlix may investigate the allegation and determine in good faith and in its sole discretion whether to remove the User Submission, which it reserves the right to do at any time. For clarity, BabyFlix does not permit copyright infringing activities on its Website, and reserves the right to terminate access to the Website, and remove all Content submitted, by any persons who are found to be repeat infringers.
d. You understand that when using the BabyFlix Website you will be exposed to Customized Content from a variety of sources, and that BabyFlix is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Customized Content. You further understand and acknowledge that you may be exposed to Customized Content that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against BabyFlix with respect thereto, and agree to indemnify and hold BabyFlix, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
e. BabyFlix permits you to link to Your own Customized Content hosted on the website or Customized Content of other third parties available on the Website, for personal, non-commercial purposes only. In addition, BabyFlix provides an "Embedded Player" feature, in which you can incorporate certain Customized Content on your own personal, non-commercial websites, provided that you include a prominent link back to the BabyFlix website on the pages containing the Embedded Player. You understand that the Customized Content, whether or not linked or embedded into other web sites, are provided to You only on an as-available basis, and BabyFlix does not guarantee that their availability will be uninterrupted or bug free. BabyFlix reserves the right to discontinue any aspect to the BabyFlix Website at any time, including discontinuing any linked or embedded Content either generally or in specific cases.
6. Amendment of the Terms
We reserve the right to amend these Terms from time to time.
7. Claims, Controlling Law and Language
These Terms constitute the entire agreement between BabyFlix and you with respect to your use of the Service. BabyFlix's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.
1. TERMS AND CONDITIONS
Member’s use of the licensed Software is subject to the following:
1.1 General. Subject to the terms and conditions of this Agreement, BabyFlix grants and member accepts a nonexclusive, nontransferable, and license for the Registered Users to access and use the functionality of the Software during the term of this Agreement. The member shall not permit any other person or entity to access or use their account.
1.2 Member Modifications and Enhancements. Member may not make any modifications or enhancements to the Software without BabyFlix’s prior written consent.
1.3 Proper Use of Software. The member acknowledges that the continued integrity of the Software and BabyFlix's performance of its obligations described in this Agreement are dependent upon Customer’s use of the Software in accordance with the documentation available to member at the terms and conditions of this Agreement.
1.4 OWNERSHIP AND PROPRIETARY RIGHTS. Member may not attempt to sell, sublicense, lease, permit, rent or transfer in any way whatsoever the Software. Customer agrees that it will not, at any time, without the prior written consent of BabyFlix, decompile, disassemble or reverse engineer any software included within the Software, including without limitation the applications, to develop functionally similar Software or permit any third party to do any of the foregoing. Customer agrees to not grant access to any 3rd party for any purpose without the prior written consent of BabyFlix.
1.5 BabyFlix shall indemnify, defend, and hold member harmless from any action against Customer to the extent that it is based on an allegation that the Software has infringed an intellectual property right or trade secret and pay those damages or costs related to the settlement of such action or finally awarded against member in such action, including but not limited to attorney’s fees, provided that, (a) member promptly notifies BabyFlix of such action, (b) gives BabyFlix full authority, information and assistance to defend such claim, and (c) gives BabyFlix control of the defense of such claim.
1.6 Sales tax will be charged unless a sales tax exemption form is presented.
2. SERVICES TO BE PROVIDED
2.1 BabyFlix shall provide Customer support for the Software during business hours, which are 8:00 a.m. to 6:00 p.m. Pacific Standard Time, Monday through Friday, excluding holidays (the “Business Hours”). BabyFlix is not responsible for issues related to Customer’s computer or internal and external computer network.
3.1 BabyFlix will maintain the confidentiality of information regarding any patient media or data.
3.2 BabyFlix warrants that it either owns or has the right to license the Services hereunder. BabyFlix warrants that the Services provided hereunder will be performed in a competent and workmanlike manner, which meets or exceeds industry standards.
3.3 Customer acknowledges that data conversion and transmission is subject to the likelihood of human and machine errors, omissions, delays and losses, including inadvertent loss of data or damage to media, that may give rise to loss or damage. BabyFlix shall not be liable for any such errors, omissions, delays, or losses. Customer is responsible for adopting reasonable measures to limit the impact of such problems, including adopting procedures to ensure the accuracy of input data; examining and confirming results prior to use; and adopting procedures to identify and correct errors and omissions. Customer understands and agrees that use of or connection to the Internet is inherently insecure and that connection to the Internet provides opportunity for unauthorized access by a third party to computer systems, networks, and any and all information stored therein. All information transmitted and received through the Internet is subject to unauthorized interception, diversion, corruption, loss, access, and disclosure. BabyFlix and its suppliers shall not be responsible for any adverse consequences whatsoever of Customer’ or any End-User’ connection to or use of the Internet, and shall not be responsible for any use by Customer or any End User of an Internet connection in violation of any law, rule, or regulation or any violation of the intellectual property rights of another.
3.4 OTHER THAN AS EXPRESSLY SET FORTH ABOVE, BABYFLIX DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, OR REPRESENTATIONS TO CUSTOMER, ANY OF ITS AFFILIATES OR ANY OTHER PARTY WITH RESPECT TO THE APPLICATIONS, SERVICES OR ANY PRODUCTS, DOCUMENTATION, OR ANY OTHER SERVICES OR WORKS OF AUTHORSHIP PROVIDED HEREUNDER OR OTHERWISE REGARDING THIS AGREEMENT, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED.
3.5 LIMIITATION OF LIABILITY. BABYFLIX’S LIABILITY TO CUSTOMER FOR ANY LOSSES OR INDIRECT DAMAGES, IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT SHALL BE LIMITED TO THOSE ACTUAL AND DIRECT DAMAGES WHICH ARE REASONABLY INCURRED BY CUSTOMER AND SHALL NOT EXCEED THE FEES PAID BY CUSTOMER WITH RESPECT TO THE SERVICES GIVING RISE TO THE LIABILITY OVER THE MONTHS IN WHICH LIABILITY OCCURRED NOT TO EXCEED SIX (6) MONTHS. BABYFLIX WILL NOT BE LIABLE FOR: (I) SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSS OF DATA, LOST PROFITS, LOSS OF GOODWILL IN ANY WAY ARISING FROM OR RELATING TO THIS AGREEMENT, THE APPLICATIONS OR SERVICES, EVEN IF BABYFLIX HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
* Understand what information we collect and how we collect, share, and use the information; and
* Make informed decisions when using the services located at www.babyflix (“BabyFlix” or “Web Site”)
The Information We Collect
When you visit BabyFlix.net, you provide us with two types of information:
* Personal Information that you knowingly choose to disclose through various Web Site features.
* Web Site Use Information that is collected by us as you interact with our Web Site.
Personal Information You Provide to Us
* We collect "Personal Information" that you or the clinic submit to us voluntarily through our Web Site.
* When you or a clinic register with BabyFlix, you provide certain Personal Information, including your name, email address, and password.
* When you or a clinic create a profile on the Web Site after registering, you may provide material that may contain Personal Information, such as a personal photo, email address, or a “headline.”
* When you or a clinic post any material (such as User Content) on the Web Site, you may be providing Personal Information.
* When you order products or services on BabyFlix, you provide Personal Information necessary to complete the transaction, including your name, credit card information, shipping information and billing information.
* When you contact us to give feedback or ask a question using the forms on the Web Site, you provide your name, email address and your comment, question or feedback.
* When you participate in our surveys, we may collect additional Personal Information.
* When you contact us by sending us an email, we will collect your email address, any Personal Information contained in the email, and any Personal Information attached to the email.
Web Site Use Information
User Content and Other Information
When you use BabyFlix, you may form relationships, send messages, perform searches and queries, and transmit Personal Information through various channels. We collect Personal Information related to these services so that we can provide you the service and offer personalized features. In most cases, we retain the Personal Information so that, for instance, you can view a list of your friends or see the books you are currently contributing to. When you update your Personal Information, we sometimes keep a backup copy of the prior version for a reasonable period of time to enable reversion to the prior version of that information.
You post Personal Information in User Content on the Web Site at your own risk. Although we allow you to set privacy options that limit access to your content, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other users with whom you may choose to share your content and Personal Information. Therefore, we cannot and do not guarantee that User Content you post on the Web Site will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Web Site. You understand and acknowledge that, even after removal, copies of User Content may remain viewable in cached and archived pages or if other users have copied or stored your User Content.
If you choose to use our invitation service to tell friends about our Web Site or invite them to collaborate on a book, we will ask you for your friend’s email address. Your friend will automatically be sent a one-time email inviting him or her to visit the Web Site. BabyFlix stores information gathered during this process to register a friend connection if your invitation is accepted, and to track the success of our referral program. Your friend may contact us at email@example.com to request that we remove your friend's information from our database.
By using BabyFlix, you are consenting to have your personal data transferred to and processed in the United States.
Use of Information Obtained by BabyFlix
In general, information you submit to us is used either to respond to requests that you make or to aid us in serving you better, including to fix technical problems, provide administrative services, and monitor traffic, the number of visitors, and the effectiveness of programs. We may use aggregated user data to market the Web Site to others. We may provide these services ourselves or share the information with partners who will provide the services for us.
We may use your Personal Information to provide you with newsletters and surveys and to notify you of important changes to the Web Site, new services, and special offers and in medical research. If you do not want to receive such email notices, you may login to your account at the Web Site and opt out of receiving such emails or medical research by sending an email to firstname.lastname@example.org. Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers or participating in medical research. If we have provided any third party with your information, you will have to contact the third-party directly with any opt-out request.
Profile information is used by BabyFlix primarily to be presented back to and edited by you when you access BabyFlix and to be presented to others you permit to view that information.
User Content in your account will be displayed to users with whom you have a relationship through your profile, search results and various other pages on the Web Site. In addition, the title, page count, thumbnail photo, description, author and list of contributors of your content will be visible to all users you shared with.
Changing or Removing Information
Access and control over most Personal Information on BabyFlix is readily available through your account settings. BabyFlix users may modify or remove their information through the Gallery page or by contacting customer support @ email@example.com. Information will be updated immediately.
If you make use of the communication features of the service to share information with other individuals on BabyFlix (e.g., sending a message), you generally cannot remove or edit such communications. BabyFlix may delete your information from its system, at its sole discretion, at any time.
BabyFlix takes precautions to protect our users’ Personal Information; however, no precautions are 100% effective. As a result, BabyFlix does not guarantee that Personal Information you provide to us will remain secure. Your account information is located on a secured server behind a firewall. Because email and instant messaging are not recognized as secure communications, we request that you not send private information to us by email or instant messaging services.