We here at Oogababy take use of our service very seriously.
These terms exist to keep Oogababy fun to use.
Please read these terms and conditions of use carefully (the "Terms"). By accessing or using Oogababy's online services available through our website (located at http://oogababy.com ), Oogababy's mobile apps, Oogababy's tablet apps or in connection with any of Oogababy's other online services (collectively, the "Services"), you accept and agree to be bound by these Terms.
Oogababy allows you to share your child's precious moments within a secure network of parents, family and friends and keep track of your child's growth and development through Oogababy's website, mobile and tablet apps (collectively "Apps", each an "App").
Use of our Services
As long as you comply with these Terms, you have the right to download and install a copy of the App to your mobile device, and to access and use our Services. You may not: (i) copy, modify or distribute the Apps for any purpose; (ii) transfer, sublicense, lease, rent, lend or distribute the Apps or the Services to any third party; (iii) decompile, reverse engineer, disassemble, or create derivative works of the Apps or the Services; (iv) make the functionality of the Apps or the Services available to multiple users through any means; or (v) use the Services in any unlawful or illegal manner, for any unlawful or illegal purpose, or in any manner inconsistent with these Terms.
No causes of action against App providers
For an App accessed through or downloaded from any app store or distribution platform (eg Apple App Store or Google Play) where the App is made available ("App Provider"), you acknowledge and agree that:
- these Terms are concluded between you and Oogababy, and not with the App Provider and Oogababy is solely responsible for the App
- the App Provider has no obligation to furnish any maintenance and support services with respect to the App
- any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are the sole responsibility of Oogababy
- the App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms; and
- you must comply with all applicable third party terms of service when using the App.
Creating an Oogababy account
In order to access and use Oogababy you will need to register and create an account ("Account"). By creating an Account you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction.
When creating an Account you may be required to provide certain personal information. Oogababy may with your prior consent access and retrieve other information about you from your Facebook account such as your "Friends". You may however, choose to block any "Friends" transferred from your Facebook account to your Account.
You may also link your Account to any of your other online accounts such as other social networking accounts (eg Twitter) and social media accounts (eg Youtube) so that Oogababy can retrieve your account information and content from those accounts on your behalf (in some cases by using your username and password). By linking your accounts, you expressly authorise Oogababy to access your account information from those third party accounts on your behalf, as your agent and permit us to access and use, and in some cases, store your account information to accomplish the foregoing.
You agree to provide accurate, current and complete information about your Account.
When creating an Account, do not:
- provide any false personal information to us (including a false username) or create any account for anyone other than yourself without the other person's permission (this does not apply to businesses and people who are expressly authorized to create accounts on behalf of their employers or clients)
- use another person's username with the intent to impersonate that person
- use a username that is subject to rights of another person without appropriate authorisation
- use a name that is offensive, vulgar or obscene or otherwise inappropriate; or
- use unauthorized means, including but not limited to, by using an automated device script,bot, spider, crawler or scraper.
We reserve the right to suspend or terminate your Account if any information you provide in relation to your Account proves to be inaccurate, false or misleading or to reclaim any username that you create through the Services that violates our Terms.
You are responsible for maintaining the confidentiality of your password and Account and agree to notify Oogababy if your password is lost, stolen or disclosed to an unauthorised third party, or has otherwise been compromised. You are responsible for activities that occur in relation to your Account.
You agree not to sell, transfer, license or assign your Account, friends, user-name, or any Account rights other than those expressly permitted.
Suspension of Account
We reserve the right to suspend an Account at our sole discretion where an Account has been inactive over a period exceeding twelve months. In the event that we exercise our right to suspend your Account, you will receive an email notification from Oogababy two weeks in advance of a planned suspension. A suspended Account can be reactivated by sending an email request to firstname.lastname@example.org
Our Services allow users to post, link, store, share and otherwise make available certain information, images, videos, text, graphics, applications, links, musical works, works of authorship and other content or materials ("Content").
You are solely responsible for the Content that you post, submit or display on or via our Services, including its legality, reliability and appropriateness. We ask that you respect our online community and other users when posting Content and using our Services. When submitting Content to, or otherwise using our Services, you represent and warrant to Oogababy that:
- the Content is yours (you own it) or you have the right to use it and you grant us the right and license to modify, publicly perform, publicly display, reproduce, and distribute such Content on and through our Services as provided in these Terms
- the Content is not confidential
- the posting of your Content on or through our Services does not violate a third party’s privacy rights, publicity rights, copyrights, contractual rights or any other rights and does not violate any laws
- you will not publish defamatory material, falsehoods or misrepresentations that could damage Oogababy, our users or any third party
- you will not publish any private information about another person, including, without limitation, a person's address, phone number, email address, credit card information, social security or alternate national identity numbers and other similar information without that person's permission
- you will not submit or create material (whether via posts, email or otherwise) that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate
- post advertisements
- you will not impersonate another person or represent yourself as affiliated with Oogababy, Oogababy’s staff or other industry professionals
- you will not solicit a user's password or other account information; and
- you will not harvest user names, addresses, or email addresses for any purpose.
The above list of examples is not intended to be complete or exclusive.
We may, but have no obligation to monitor your access to or use of our Services or to review, edit, remove Content or Accounts containing Content, that we determine in our sole discretion violates these Terms or does not comply with any applicable law or order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content, that we consider in our sole discretion to be in violation of these Terms or otherwise harmful to our Services.
Content removed from our Services may continue to be stored by Oogababy, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order.
You agree that we have the right to make your Content available to other users of our Services who may also use your Content subject to these Terms. You retain any and all of your rights to any Content you submit, post or display on or through our Services and you are responsible for protecting those rights.
You can remove Content that you posted by specifically deleting it. In certain instances, however, some Content (such as posts or comments you make) may not be completely removed and copies of your Content may continue to be stored by Oogababy. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any Content on our Services.
Oogababy encourages you to maintain your own backup of your Content. Oogababy is not a backup service.Oogababy is not responsible for the storage of your Content and will not be held liable for any damage or loss of your Content on our Services.
Disclaimer – user submitted content
Content submitted by users on our Services has not been reviewed, verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our Services or any Content on our Services, relating to the quality, suitability, truth, accuracy or completeness of any Content contained on our Services. You acknowledge sole responsibility for and assume all risk arising from your use of, or reliance on, any Content.
Disclaimer - development predictions
Our Services include the tracking of the physical growth and milestone development of your child. Our Services track the growth and development of your child by plotting data of your child's length, weight and head circumference on a chart to form a growth curve ("Growth Curve"). The Growth Curve is based on local growth statistics in your stipulated jurisdiction which are derived from the data provided by Oogababy users ("Oogababy Statistics") in combination with the World Health Organisation Child Growth Standards ("WHO Standards"). Oogababy makes predictions of your child's likely growth ("Prediction") and calculates the measurement percentile that you child is in ("Calculation") based on a comparison of the data provided for your child against the Oogababy Statistics and WHO Standards.
All Calculations and growth Predictions provided by Oogababy are based on the measurements entered by users of their children ("Measurements") as compared agains the Oogababy Statistics and the WHO Standard.
OOGABABY DOES NOT INTERPRET THE MEASUREMENTS SUBMITTED BY YOU OF YOUR CHILDREN. OOGABABY WILL NOT BE HELD LIABLE IN ANY WAY FOR ANY CALCULATION OR PREDICTION OF THE MEASUREMENTS PROVIDED BY YOU OR FOR ANY ACTIONS OR OUTCOMES OF ACTIONS TAKEN BASED ON THE CALCULATION.
As part of tracking the development of your child, Oogababy makes predictions of your child's major milestones based on the date of birth of your child, the Oogababy Statistics and the WHO Standards. The predictions are therefore based on average development of children. Even though Oogababy's aim is to provide relevant predictions, these are not always 100% accurate. OOGABABY WILL NOT BE HELD LIABLE FOR ANY INACCURATE MILESTONE PREDICTIONS OR ANY ACTIONS TAKEN AS A RESULT OF THE PREDICTIONS. THE CONTENT AVAILABLE VIA OOGABABY'S SERVICES IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER OOGABABY NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELLING, LEGAL OR OTHER PROFESSIONAL SERVICES OR ADVICE. SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR CHILD'S UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY DEVELOPMENT CONCERNS OF YOUR CHILD.
Intellectual property rights
Our Services contain material that is owned by us or licensed to us. Our Apps and Services and the material on our Apps and Services are protected by copyright, trademark, trade secret and other laws of the United States and foreign countries. The Oogababy name and logo are trademarks of Oogababy and may not be copied, imitated or used, in whole or in part without the prior written permission of Oogababy. Except as expressly provided in these Terms, we and our licensors exclusively own all rights, title and interest in and to the Apps, Services and material in our Apps and Services, including all associated intellectual property rights. Protected material includes, but is not limited to, design, layout, look, appearance, graphics and logos.
Our Services may only be used and accessed for lawful purposes. You agree that you will not do any of the following while using or accessing our Services:
- solicit, collect or use the login credentials of other Oogababy users
- attempt to access or search our Services or download Content from our Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/ or search agents provided by us or other generally available third party web browsers
- use techniques such as crawling, caching, scraping or otherwise access any content on the Services via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Oogababy’s express consent)
- access, tamper with, or use non-public areas of our Services, our computer systems, or the technical delivery systems of our providers
- interfere or disrupt the Services or server or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Oogababy page is rendered or displayed in a user’s browser or device
- gather and use information, such as other users' names, real names, email addresses, available through our Services to transmit any unsolicited advertising, junk mail, spam or other form of solicitation
- attempt to restrict another user from enjoying the Services or encourage or facilitate violation of these Terms or any other Oogababy terms
- change, modify, adapt or alter the Services or change, modify or alter another website so as to falsely imply that it is associated with our Services or Oogababy
- use our Services for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms
- violate any applicable law or regulation; or
- encourage or enable any other individual to do any of the foregoing.
We reserve the right to investigate and prosecute violations of any of the above and/ or involve or cooperate with law enforcement authorities in prosecuting users who violate these Terms.
You agree to indemnify and hold Oogababy and its officers harmless from and against all costs, damages, liabilities, and expenses (including legal fees) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of our Services or the use of our Services by any person using your Account violates any applicable law or regulation, or the rights of any third party.
Links to third party sites and advertising
Our Services may include links to other sites and services that are not operated by us. We are providing these links to you only as a convenience and we do not endorse, control or maintain the content or links displayed on such sites. You are responsible for and assume all risk arising from your use or reliance on any third party sites.
There may be advertising on part of our Services, including targeted advertising. The type and extent of advertising on the Services is expected to change over time. In consideration for providing you the Services, you agree that Oogababy and our partners may place advertising on the Services. The manner, mode and extent of such advertising is subject to change without prior notice to you.
If you violate these Terms, Oogababy may at its sole discretion, suspend your access to the Services or terminate your Account. You understand and agree that Oogababy will not be responsible for the Content posted on the Services and you use the Services at your own risk. If you violate the letter or the spirit of these Terms, or otherwise create risk or possible legal exposure for Oogababy, we can stop providing the Services to you.
If we suspend or terminate your access to the Services or if you deactivate your Account, your photos, comments, likes, friends, development curves and all other data will no longer be accessible through your Account (e.g., users will not be able to navigate to your username and view your photos) but those materials and data may persist and appear within the Services for other reasons (e.g., if your Content has been reshared by others).
You understand and agree that the Apps and Services are provided to you "AS IS" and WE EXPLICITLY DISCLAIM ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Apps or Services will meet your requirements or be available on an uninterrupted, secure or error free basis.
Limitation of Liability
WE WILL NOT BE HELD LIABLE FOR ANY CAUSES OF ACTION ARISING FROM ANY THEORY OF LIABILITY. IN PARTICULAR, WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APPS AND/ OR SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
These Terms are governed by the laws of Norway without regard to any conflict of laws, rules or principles. Any disputes arising in respect of these Terms shall be referred to the ordinary courts of Norway, with the district court of Oslo as the agreed venue in the first instance.
Severability of provisions in these terms
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in full force and effect.
Changes to our Terms
We may revise these Terms from time to time and we will send you an email or other alert ("Message Alert") at least 30 days prior to any new terms taking effect. By continuing to access or use our Services after receipt of the Message Alert, you agree to be bound by the revised terms.
Questions and contact information
Please contact email@example.com if you have any questions about our Terms.
Effective: November 11, 2015