Terms Of Service


1. ACCEPTANCE OF TERMS

Welcome to My Baby Shower Place. My Baby Shower Place provides its service to you subject to the following Terms of Service ("TOS"). These TOS may be updated by My Baby Shower Place from time to time. You can review the most current version of the TOS at any time at www.MyBabyShowerPlace.com/tos.htm.

2. DESCRIPTION OF SERVICE

My Baby Shower Place provides users with access to on-line unit availability and reservation requests. Unless explicitly stated otherwise, any new features that augment or enhance the current service, including the release of new My Baby Shower Place service, shall be subject to these TOS. You understand and agree that the service is provided "AS-IS" and that My Baby Shower Place assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.

In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you agree to:

a. provide true, accurate, current and complete information about your establishment

b. maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or My Baby Shower Place has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, My Baby Shower Place has the right to suspend or terminate your account and refuse any and all current or future use of the Service.

4. My Baby Shower Place PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our full privacy policy at www.MyBabyShowerPlace.com/pp.htm.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify My Baby Shower Place of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. My Baby Shower Place cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. MEMBER CONDUCT

You understand that all information, data, text, photographs, graphics, or other materials ("Content"), are the sole responsibility of the person from which such Content originated. This means that you, and not My Baby Shower Place, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. My Baby Shower Place does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will My Baby Shower Place be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.

You agree to use the Service in a courteous and co-operative manner, and so as to not abuse the Service. You agree that you will not use the Service so as to violate the law, to misuse the proprietary information or property of others, or to make publications which are threatening or defamatory or otherwise injurious to the safety, business or reputation of others. Without limiting the generality of the foregoing, you also agree not to do any of the following:
  1. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  3. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  4. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  5. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  6. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  7. intentionally or unintentionally violate any applicable local, state, national or international law;
  8. engage in deceptive marketing or advertising practices;
  9. collect or store personal data about other users; or

    10. You acknowledge that My Baby Shower Place does not pre-screen Content, but that My Baby Shower Place and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, My Baby Shower Place and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

    You acknowledge and agree that My Baby Shower Place may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of My Baby Shower Place, its users and the public.

    You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

    7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

    Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of data exported abroad.

    8. INDEMNITY

    You agree to indemnify and hold My Baby Shower Place, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from all damages, costs, liabilities, and any claim or demand, including reasonable lawyers’ fees, made by any third party, due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another person, or due to or arising from such activities carried out by a person using your computer facilities, My Baby Shower Place account or password, with your knowledge.

    9. NO RESALE OF SERVICE

    You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

    10. MODIFICATIONS TO SERVICE

    My Baby Shower Place reserves the right at any time and from time to time to modify or discontinue temporarily the Service (or any part thereof) with or without notice or permanently with notice. You agree that My Baby Shower Place shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Any modifications will be used to enhance the Service.

    11. TERMINATION

    By using the Service, you do not acquire any rights to the Service other than a limited license to use it as provided herein, which can be terminated in accordance with this section.

    12. My Baby Shower Place’S PROPRIETARY RIGHTS

    You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by My Baby Shower Place or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

    My Baby Shower Place grants you a personal, non-transferable and non-exclusive right and license for the sole purpose of accessing the Service to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by My Baby Shower Place for use in accessing the Service.

    13. LIMITATION OF LIABILITY

    You expressly understand and agree that My Baby Shower Place shall not be liable for any, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, failure to realize expected savings, or other intangible losses (even if My Baby Shower Place has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) invalid destinations, transmission errors, or unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) your failure to receive any third party services or products requested through the services or (vi) any other matter relating to the service.

    14. NOTICE

    Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. While My Baby Shower Place may give you notices from time to time, it is not obligated to do so.

    15. GENERAL INFORMATION

    The TOS constitute the entire agreement between you and My Baby Shower Place and govern your use of the Service. The failure of My Baby Shower Place to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

    16. VIOLATIONS

    Please report any violations of the TOS to My Baby Shower Place





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