MYCITYBABY is dedicated to providing the most relevant information on retail, service providers and other sources to Moms and Dads everywhere.  We know that one of the most difficult tasks in preparing for and caring for a baby is to find and organize the absolute best products and services.  Your taste and preferences can be captured through Mycitybaby to help keep yourself and loved one’s informed and organized.  This Terms of Use may be updated from time to time without notice to you. Here are a some issues we would like you to be aware of before using a Mycitybaby website (Mycitybaby.com, myseattlebaby.com, or other linked, derivative site), the services offered by Mycitybaby or through Mycitybaby website, and any parts or sections thereof including but not limited to www.mycitybaby.com web content, message boards, vendor contact forms, member profile information, member-personalized databases and information, folders, posts, messages, photos, and graphics (hereinafter referred to as "our Area(s)", "Area(s)", "Area(s) of Mycitybaby", "Mycitybaby Area(s)", “Mybaby”, “Mytaste”, “Mycity”. 

You understand and agree that our Area is provided "AS-IS" and that Mycitybaby assumes no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to our Area. Nor does Mycitybaby assume any liability for the failure to store or maintain any user communications or personal settings.

1. Member Agreement

In consideration of your visiting and using our Area, you represent that you are able to form a binding contract. You also agree to that any information you provide about yourself is accurate and complete information at the time provided. You agree to timely update any information provided to Mycitybaby to keep it accurate and complete. Failure to accurately and completely provide, and timely update, information about yourself is reasonable grounds for Mycitybaby to suspend or terminate your account and refuse you service in the future.

Mycitybaby is concerned about the safety and privacy of all its Moms, Dads, family, friends, and other users including children. Please remember that Mycitybaby Area is designed to inform, educate, entertain, and support parents and their families, and as a result has a diverse audience. Accordingly, it is the responsibility of legal guardians (moms and dads) to determine whether any parts of our Area are appropriate for your child.

In addition to this Terms of Use, when using a particular Area of Mycitybaby, you are also bound by the posted guidelines and rules for that particular Area.

2. Confidentiality

Information and data provided by you are subject to our Privacy Policy. This policy, as updated from time to time, may be found on Mycitybaby.com

 

3. Use

Certain names, logos, and/or phrases in our Area may constitute trademarks an/or copyrights of Mycitybaby or its clients. The mark "Mycitybaby" and the contents of this Website Area are the sole property of Mycitybaby. Reproduction in whole or in part is strictly prohibited without the expressly written permission of Mycitybaby.

All of the writing in our Area is the copyrighted property of Mycitybaby, and is protected as such. None of the material may be reproduced without our written permission, with the exception of downloading or printing a single copy for yourself (and, of course, your family and friends). This copyright extends from original Mycitybaby material, to the raw compilations of posts in our folders, to any edited and filtered compilations of posts that we may sell and distribute. The right to download and store or output the materials found on Mycitybaby is granted for viewing use only. Materials may not be reproduced in any form. Any reproduction or editing by any means mechanical or electronic without the explicit written permission of Mycitybaby is expressly prohibited.

Material that is copyright protected may not be submitted without permission from the copyright owner. Since there are many thousands of possible sources spread out across the Internet, it is impossible for us at Mycitybaby to know if a posting represents a copyright infringement. Please remember you are responsible for the material you submit to Mycitybaby, including taste, reliability, originality and copyright. Author(s) may be held legally responsible for copyright infringement, defamation or invasion of privacy, as well as any damages arising out of actions resulting from materials submitted by you and posted by Mycitybaby. You are responsible for ensuring that your message or posting does not violate any extant copyrights. If you believe that your copyrighted material has been posted to Mycitybaby without permission, please see Mycitybaby.com for our policies regarding its removal.

 

Mycitybaby and Mycitybaby's staff are not and will not be responsible for any misleading, false, or otherwise injurious information and advice communicated in our Area or for any results obtained from the use of such information or advice. Mycitybaby will not be liable for any loss or damage suffered by a user through the user's reliance on information and advice gained in this Area.

4. Posting Considerations

Online behavior requires common sense and basic etiquette. Accordingly, here are some rules that you agree to follow:

·         No strong, vulgar, obscene, or otherwise harmful language.

·         No racially, ethnically or otherwise, objectionable language.

·         No harassing, intimidating, stalking, or threatening other community members.

·         No libelous, defamatory, or otherwise tortuous language.

·         No online vandalism.

·         No impersonating any person, including, but not limited to, other community members or employees of Mycitybaby.

·         No posting, distributing, transmitting, or promoting illegal content.

·         No invasion of another's privacy.

·         No actions that are harmful to minors.

·         No manipulation or forging of identifiers in order to disguise the origin of any information posted on Mycitybaby site or otherwise provided to Mycitybaby or its employees.

·         No posting, providing, transmitting, or otherwise making available any information (such as inside, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty, or operation of law.

·         No posting, providing, transmitting, or otherwise making available any junk mail or spam.

·         No posting, uploading, emailing, or otherwise transmitting any material that contains any malicious computer code (including spyware, worms, Trojan horses, viruses, etc.).

·         No posting, providing, transmitting, or otherwise making available any information which violates regulations promulgated by the Securities and Exchange Commission, or that of any securities exchange, such as the New York Stock Exchange.

·         No collecting, storing, or posting of personal data about or of other community members.

·         No soliciting of any kind on the message boards or in the chat room.

6. Online Information

Content from www.mycitybaby.com, including but not limited to any member profile information such as member names, email addresses, member contact information, or member-personalized birth-related information, may not be taken from the website and used for any purpose. Names, email addresses and other contact information from member profile information or the pages and postings on this site may not be used by outside vendors or other third parties for purposes of solicitation. Unsolicited emails to our members or to Mycitybaby vendors may constitute misrepresentation, misappropriation of Mycitybaby's business name and reputation, unfair competition, and may also violate laws that prohibit unsolicited email, for which Mycitybaby shall be entitled to take appropriate legal action including seeking injunctive relief, an accounting of profits, damages, legal fees and costs. Notwithstanding the foregoing, Mycitybaby members may not link to this website.

 

7. Modifications

Mycitybaby reserves the right from time to time to make modifications and changes to our Area. These modifications and changes may include, but are not limited to, discontinuing, temporarily or permanently, any service offered by, or through Mycitybaby (or any part thereof) with or without notice. You agree that Mycitybaby shall not be liable to you or to any other party for any changes and modifications to our Area.

8. Termination

Under certain circumstances and without prior notice, Mycitybaby may terminate your access to Mycitybaby, including purging your member account and any material and information associated with your member account (including your user name, password, registry and profile). Cause for such termination shall include, but not be limited to, violation of the provisions set forth in section 5 of this Terms of Use agreement. You acknowledge and agree that all terminations for cause shall be made in sole discretion of Mycitybaby and that Mycitybaby shall not be liable to you or any other party for the termination of your access to our Area or the purging of any material.

9. No Guarantee

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF OUR AREA IS AT YOUR SOLE RISK. THE SERVICES PROVIDED IN OUR AREA ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MYCITYBABY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

MYCITYBABY MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET ANY OF YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR FREE FROM ERROR OR OMISSION, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE IN OUR AREA WILL BE USEFUL, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OFFERED IN OUR AREA WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE OPERATION OF AREA INCLUDING THE OPERATION OF ANY SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE IN OUR AREA IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM (OR ANY COMPONENT CONNECTED TO YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD (INTENTIONAL OR OTHERWISE) OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYCITYBABY OR FROM ANY SERVICE PROVIDED IN OUR AREA SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

10. Damages

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MYCITYBABY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL AND REPUTATION, OR OTHER INTANGIBLE LOSSES. THIS LIMITATION ON LIABILITY APPLIES EVEN IF MYCITYBABY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

11. Miscellaneous

Operation of Law. You agree that Mycitybaby may access, maintain, and disclose information you provide to Mycitybaby if required to do so by law or if Mycitybaby, in good faith, believes that such access, maintenance or disclosure is reasonably necessary to: (i) comply with any legal process; (ii) enforce Mycitybaby's Terms of Use; (iii) respond to claims that any material or information posted, provided, transmitted, or otherwise made available by you violates the rights of third parties; (iv) respond to your customer service requests; or (v) otherwise protect the rights and property of Mycitybaby, its vendors, community members, users and the general public.

Indemnity. You agree to indemnify and hold harmless Mycitybaby, its subsidiaries, affiliates, directors, officers, agents, vendors or other partners, and employees, from any claim or demand, including attorneys' fees, made by any third party due to or arising out of any material or information posted, provided, transmitted, or otherwise made available by you in our Area, or by your use of our Area, or by your violation of Mycitybaby's Terms of Use, or your violation of the rights of another.

Entire Agreement. The Terms of Use constitute the entire agreement between you and Mycitybaby and govern your use of our Area and any services offered in our Area. This agreement supercedes any prior terms of use agreements between you and Mycitybaby.

Jurisdiction. The Terms of Use and the relationship between you and Mycitybaby shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and Mycitybaby agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Kitsap, Washington.

Third-Parties. You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to this agreement.

Enforcement. The failure of Mycitybaby to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the other terms and provisions of the Terms of use shall remain in full force and effect.

Transferability. You agree that your Mycitybaby member account is non-transferable and any rights to your account or contents within your account terminate upon your death.

Time Limit. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of any services provided in our Area or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Section Titles and Other Headings. The section titles and other headings in the Terms of Use are for convenience only and have no legal or contractual effect.