PLEASE READ THE FOLLOWING TERMS OF SERVICE RELATING TO YOUR USE OF THE TOTSPOT WEBSITE CAREFULLY. THESE TERMS OF SERVICE GOVERN YOUR USE OF THE TOTSPOT WEBSITE AND ALL CONTENT AND SERVICES OFFERED THROUGH THE WEBSITE.
Welcome to the TotSpot™ web site. This web site, and the information, content, products and services it makes available (which, collectively are referred to as the "Web Site"), is provided to you by Baby Online Networks, Inc., a Delaware corporation ("TotSpot" or "we"). These Terms of Use (this "Agreement") set forth the terms and conditions of a legal agreement between you and TotSpot.
By accessing, browsing and/or otherwise using the Web Site, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to all of these terms and conditions, you may not access, browse and/or use the Web Site. The material provided on the Web Site is protected by law, including, but not limited to, United States copyright law and international treaties.
TotSpot may make changes to this Agreement from time to time in its sole discretion, by updating this posting on the Web Site, and specifying the effective date of the new version of the Agreement. Your continued use of the Web Site following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit the Web Site you should check to see if a new version of the Agreement has been posted.
We describe our current practices related to personally identifiable information collected through the Web Site in our Privacy Policy and that we may update our policies and practices from time to time at our sole discretion.
Violation of any of these agreements will result in the termination of your Account. While TotSpot prohibits such conduct and Content on the Service, you understand and agree that TotSpot cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
One of the special features of TotSpot is that you control who will see your profile information as well as any other information or photos that you post on the Web Site, simply by adjusting your privacy settings. You can also choose to make your profile information (or parts of it) visible only to the friends and family in your network. Or you can choose to make it visible to everyone who visits the Web Site.
You also have control over the personal information you post to the Web Site through photos, videos, journals, ‘firsts’ and other features (“Content”). You can choose to share Content with your network of friends, or you can choose to share them with everyone. Be aware that if you choose to make your Content visible to everyone, then any personal information you post will be accessible to all Members and all visitors to the Web Site. You should also be aware that any information that is made public on the Web Site will be searchable by other search engines. In addition, even if that content is later removed from the Web Site, it may still be stored in other computers of people who visited the Web Site, and removal of that information from the Web Site will not remove it from those other computers. Therefore, we caution you to be very careful about publically posting personal information to the Web Site.
In addition, some information that you add to your profile cannot be hidden and is always visible to anyone who visits the Web Site. That includes your avatar, your username, and your location. In addition, you will show up in searches on the Web Site based on your ZIP/Postal code and email address. TotSpot makes every effort to ensure that your Profile Data and posts are displayed only to the people you selected in your privacy settings. However, mistakes can happen. If you believe that your content is being displayed in a manner that you did not authorize, you can notify us of the error by using the “Contact Us” button on any page of the Web Site and we will correct the problem promptly. However, you agree that your sole remedy against us if we were to make such a mistake is to require us to change the privacy settings to those that you originally requested.
The Web Site is owned by TotSpot. All right to, title to, and interest in the Content available via the Web Site, the Web Site's look and feel, the designs, trademarks, service marks, and trade names displayed on the Web Site, and the Web Site URLs, are the property of TotSpot or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.
We claim no intellectual property rights over the material you provide to the Service. Your account and materials uploaded remain yours. However, by setting your profile to be shared publicly, you agree to allow visitors to view and share your Content.
Moreover, to any such publicly shared Content, including text, journals entries, photos, audio, and video that you submit to a public profile, you grant to TotSpot and its affiliates a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such Content for the purpose for which such Content was submitted, posted or made available.
ALTHOUGH TOTSPOT WILL MAKE REASONABLE EFFORTS TO STORE AND PRESERVE THE MATERIAL RESIDING ON THE WEB SITE, TOTSPOT IS NOT RESPONSIBLE OR LIABLE IN ANY WAY FOR THE FAILURE TO STORE, PRESERVE OR ACCESS SUBSCRIBER CONTENT OR OTHER MATERIALS YOU TRANSMIT OR ARCHIVE ON THE WEB SITE. YOU ARE STRONGLY URGED TO TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST OR UPLOAD ON THE WEB SITE. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR SUBSCRIBER CONTENT.
THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TOTSPOT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
TOTSPOT DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. TOTSPOT MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE.
LIMITATION OF LIABILITY. IN NO EVENT SHALL TOTSPOT, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES OR MEMBERS BE LIABLE WITH RESPECT TO THE WEB SITE OR THE SERVICES FOR (A) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, CONTENT OR OTHER INTANGIBLES; (C) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE WEB SITE, ERRORS OR OMISSIONS; OR (D) DAMAGES RELATED TO DOWNLOADING OR POSTING CONTENT. TOTSPOT’S AGGREGATE LIABILITY UNDER THIS AGREEMENT AND THE WEB SITE SHALL BE LIMITED TO THREE HUNDRED UNITED STATES DOLLARS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO SUBSCRIBER.
You agree to indemnify and hold harmless TotSpot, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys' fees) directly or indirectly related to (1) your breach of the Agreement; or (2) the Content you submit, post, or transmit through the Web Site.
Either party may terminate the Agreement for any or no cause, at any time, by notice, which shall be effective immediately or as specified in the notice. After termination, you shall no longer access the Web Site. The provisions of this Agreement which by their intent or meaning intended to survive such termination shall continue to apply indefinitely.
This Agreement governed by, and will be interpreted in accordance with, the laws of the Commonwealth of Massachusetts, without regard to any choice of law provisions. Any legal action or proceeding between TotSpot and you related to this Agreement or the Website shall be brought exclusively in a court of competent jurisdiction sitting in metropolitan Boston, Massachusetts, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.
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