Note: The following document refers only to users who upgrade to the Cloud Syncing feature.
Without this upgrade, Total Baby is a standalone app which has no connection to any web services and your data is entirely private and controlled by 'you' the user.
Before using the Total Baby Cloud, please review the following Terms and Conditions, which define your rights, responsibilities and benefits as a Member of this Service.
By accepting the terms and conditions of this Agreement, you represent and warrant that you are at least 13 years of age or older, and you have legal authority to enter into this Agreement. In addition, if you enter any information on the site, you represent and warrant that you are the parent or legal guardian of the individual subject of the data or that you are otherwise authorized by the parent or legal guardian to enter such data.
Total Baby ("andesigned.com", "we" or "us") provides certain services on or through our iPhone application or our iPad application application. By using our Site or our application, you agree to the following terms and conditions (the "Terms of Service"). These Terms of Service comprise the entire agreement between you and Absolute Mobile, LLC and supersede all prior agreements between the parties regarding the subject matter contained herein. If you do not understand or agree with
these Terms of Service, please do not use the Site and do not sign up to be a member of the Total Baby Cloud. If you have any questions or concerns regarding these Terms of Service, please let us know by emailing us at email@example.com.
BY COMPLETING THE REGISTRATION PROCESS OR USING ANY OF PART OF THE Total Baby Cloud SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use the Total Baby Cloud as long as you adhere to these Terms of Service.
Absolute Mobile, LLC reserves the right to amend these Terms of Service at its sole discretion and any modifications shall be effective immediately upon posting. We will announce any such change by posting the revised draft of these Terms of Service on the Site. By continuing to use the Site following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of these Terms of Service or any changes thereto, please do not continue using this Site and Applications.
You must register with us to become a Member of the Service.
As part of the registration process, you will be asked to select a password and a valid and verifiable email address. You must provide us with accurate, complete, and updated registration information. Failure to do so will constitute a breach of this Agreement. You understand that you may not: (1) intent to impersonate another person; (2) use the username or password of any person other than yourself without authorization; or (3) use a username that we, in our sole discretion, deem offensive.
We reserve the right, in accordance with any applicable laws, to refuse service to anyone for any reason at any time.
You are responsible for any and all usage or activity that originates within or occurs using your account or your email or password. You may not distribute your password to others, including to allow others to access your Total Baby account. Doing any of these things shall constitute a breach of this Agreement. You are responsible for maintaining the confidentiality of your password. Note that you will never be required to reveal your password to any representatives or agents of ANDESIGNED. You agree to notify us by email, of any known or suspected unauthorized use(s) of your account, username or password, or of any known or suspected breach of security involving your account, including the loss, theft or unauthorized disclosure of your username, password or other account information.
Even though all of the actions described above are strictly prohibited, it is possible that another user may violate these policies and that you may become exposed to material of the type described above. You waive your right to any damages, whether from us or from any third party, arising from or related to such exposure.
You further agree that:
All information, data, text, photographs, messages, or other materials that you and/or other users post, upload, link to and/or otherwise submit to the Site or through the Services or the Applications (collectively referred to as "User-Generated Content"), are the sole responsibility of the person from whom such User-Generated Content originated. You are entirely responsible for all of the User-Generated Content that you upload, post, email, transmit or otherwise make available
via the Site, the Services or the Applications. We do not monitor or control User-Generated Content posted and we take no responsibility for such content.
We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any User-Generated Content or endorse any of the opinions expressed therein. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. You acknowledge that any reliance on User-Generated Content will be at your own risk.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any User-Generated Content, such as User-Generated Content which violates these Terms of Service. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to member support requests, or (e) protect our rights, property or safety, and that of our users and the public. We will not be responsible or liable for the exercise or non-exercise of its rights under these Terms of Service.
Other than your own User-Generated Content, we own all right, title and interest, including all worldwide intellectual property rights in the Site, Content, Services, and Applications contained therein. The Site, Content, Services, and Applications are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, or otherwise use the Site, Content or Services. You may not copy or modify the HTML code used to generate web pages on the Site. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in, or accompanying any portion of, Total Baby or related products and services. Other than explicitly stated herein, you may not make any commercial use of the Site, Content and Services without ANDESIGNED's prior written approval.
We employ reasonable measures to try to ensure that the Service is available on a 24 hours a day, 7 days a week basis. However, there will be occasions when the Service will be interrupted for maintenance, upgrades for emergency repairs or due to the failure of telecommunications links or equipment or other circumstances that are beyond our control. Reasonable steps will be taken by us to minimize such disruption where it is within the reasonable control of ANDESIGNED. From time
to time, and without notice to you, ANDESIGNED may add or delete certain features or function from the Service we provide. You agree that ANDESIGNED shall not be liable to you for any modification, suspension or discontinuance of the Service.
ANDESIGNED shall have no liability or responsibility with respect to any lost data or Messages, such as the deletion or failure to store messages, communications or other Messages transmitted by you.
You acknowledge and agree that the Total Baby Application is not intended as a substitute for parental monitoring. You are responsible for any decisions regarding the care of your child and you should not make any child care decisions based solely on the information included on the Site. Total Baby is provided solely as a convenience item for record keeping purposes and should not be relied on as the sole means or method for monitoring your child's activities.
Your access to and use of Total Baby is at your own risk. We will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of Total Baby.
TOTAL BABY IS PROVIDED "AS IS," WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT TOTAL BABY WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED THROUGH TOTAL BABY OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH TOTAL BABY. WE ASSUME NO RESPONSIBILITY FOR ANY: PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF TOTAL BABY; UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; ANY UNAUTHORIZED USE, DISPLAY, PERFORMANCE OR DISTRIBUTION OF YOUR USER-GENERATED CONTENT BY US (UNLESS DUE TO OUR INTENTIONAL FAILURE) OR BY A THIRD PARTY; YOUR INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM TOTAL BABY; AND/OR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH TOTAL BABY BY ANY THIRD PARTY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OR THROUGH TOTAL BABY WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
If you have any questions about these Terms of Service, please contact us at firstname.lastname@example.org