Welcome to the Baby Diaries website (henceforth known as the “Service”) brought to you by Baby Diaries, a trading name of Adam Phillips. This agreement applies to all visitors, users and others who access the Service (henceforth known as “Users”)
Baby Diaries is an application that allows Users to store text, images, videos and other documents in order to create an online journal on behalf of their child. It also allows this journal to be shared with other Users and provide these Users with regular updates.
Subject to your compliance with these Terms, Baby Diaries grants you a limited, personal, non-commercial, non-sublicensable, non-exclusive license to use the Service. In order to utilise the Service you will be required to provide personal information and you will be resonsible for maintaining the accuracy of this information. You are responsible for maintaining the security of the password you use to access the Service. You agree to notify Baby Diaries immediately of any unauthorised use, suspected or actual of your account information, account or other breach of security. We will not be held liable for any loss or damange arising from your failure to provide us with accurate information or to keep your account information secure.
You are solely responsible for obtaining the equipment and telecommunication services required to access the service and any associated fees including Internet Service Provider access and data charges.
As a User of the Service you agree not to partake in any of the following activities:
All data, text, images, sounds or video uploaded to the service are the resposibilty of the person originating the content and introducing the content to the Service. We reserve the right to pre-screen, reject, review, quarantine, delete or move any Content available through the Service for any reason, without any notice and without any liabilty to any person. By using the Service you agree that you are responsible for your own conduct and all conduct using your account. We reserve the right to deny access to any Users who violate the terms of service or code of conduct.
Please ensure that you are mindful of the legal rights of others and do not reproduce, upload or publish content that will violate copyrights, trade marks, service marks or other wise subject you to legal liability. The Service cannot and will not provide legal or other advice on these issues but cannot be held liable for any violations commited by Users and will act in accordings with applicable and in the best interests of the Service and its Users.
The designated owner of the diary is ultimately responsible for any items in their diaries that violate these terms, regardless of the User that uploaded them. The owner and any designated administrators have the right to edit or delete any of the diary items or request the deletion of all items in the diary regardless of the User that uploaded them, without the consent of the User that uploaded them, without any notice and without any liability to any person. By uploading content to a diary you are providing your consent to these terms.
Each diary has an allocated quota of storage. Once the quota is reached it will no longer be possible to add content to the diary, even if the content does not contain any attached media such as images and videos.
Quota usage is determined by calculating the total storage required for items uploaded to a diary. It currently does not include any derived versions of the content that Baby Diaries may create such as image thumbnails. Baby Diaries reserve the right to change this and any other aspects of quota usage calculation at any point in the future without notice or liabilty.
Users may choose to increase their quota by purchasing a paid subscription or by paying the allocated rate for storage based on their current plan. Subscriptions can be cancelled at any point with immediate effect. When a payment is made it is for the subsequent billing cycle (annual or monthly). If a User chooses to downgrade their service part way through a billing cycle, there is no obligation on the Service to provide the User with a refund for any unused time.
You agree to indemnify and hold Baby Diaries, its subsidiaries, affiliates, offers, agents, employees, advertisers, partners and associates harmless from any and all claims, liabilities and damages (actual and consequential), losses and expenses (including legal and professional fees) arising from or in any way related to any third part claims relating to your use of the Service.
The use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, Baby Diaries expressly disclaims all warranties and conditions of any kind, whether explicit or implied.
Baby Diaries does not warrant that the Service will meet all of your requirements; the Service will be uninterrupted, timely, secure or error-free; any errors in the Service will be corrected.
Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you will be solely responsible for any damage to your computer or other device or loss of data that results from the download of any such material.
Baby Diaries and its subsidiaries, affiliates, associates, employees and agents shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages includes but not limited to damages for loss of profits, goodwill, use, data, cover or other intangible losses.