AND ACCEPT ALL OF ITS TERMS AND CONDITIONS.
Effective as of: February 23, 2011
for information and notices about how Alt12 Apps collects, uses and shares your personally identifiable information in connection with the Services.
In order to use certain features of the Services, you may have to register and create an account with Alt12 Apps. You are responsible for maintaining the confidentiality of any passwords associated with your Alt12 Apps account, monitor all activity under the account, and assume full responsibility for all activities that occur under your account (except as to security breaches caused by Alt12 Apps). Alt12 Apps reserves the right to suspend or terminate your account at any time and shall incur no liability for such suspension or termination.
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS OF ALT12 APPS
All trademarks, service marks, logos, trade names, and designs, whether registered or unregistered, used in connection with the Services are owned by Alt12 Apps or its third party licensors. You may not use or display any such trademarks, service marks, logos, trade names, or designs owned by Alt12 Apps or its third party licensors without the appropriate owner's prior written consent.
LICENSE TO USE CONTENT
A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials ("Content") is available through the Services. Some of the Content is provided by Alt12 Apps or its affiliates, and other Content is provided by persons who use the Services ("Users"), such as Users' opinions and views provided via posts to chat rooms, blogs, bulletin boards, or discussion forums.
While Alt12 Apps strives to keep the Content accurate, complete, and up-to-date, Alt12 Apps cannot and does not guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Alt12 Apps or its affiliates or by Users. Alt12 Apps does not have any obligation to prescreen, edit, or remove any Content provided by Users that is posted on or available through the Services. Any opinions, advice, statements or other information expressed or made available by Users or third parties, including but not limited to bloggers, are those of the respective User or other third party and not of Alt12 Apps. Alt12 Apps does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Services.
THE CONTENT AVAILABLE VIA THE SERVICES IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER ALT12 APPS NOR ITS AFFILIATES OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, 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 UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT.
RESTRICTIONS ON USE OF SERVICES
Your use of the Services and the relating licenses granted hereunder are conditioned upon you not doing any of the following in connection with using the Services:
- Post, upload, publish, submit or transmit any information or other material that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
- Access, tamper with, or use non-public areas of the Website, Alt12 Apps' computer systems, or the technical delivery systems of Alt12 Apps' providers; Attempt to probe, scan, or test the vulnerability of any Alt12 Apps system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Alt12 Apps or any of Alt12 Apps' providers or any other third party (including another user) to protect the Services;
- Attempt to access or search the 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 tools that access or search the Services through software and/or search agents provided by Alt12 Apps or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Alt12 Apps trademark, logo, URL or product name;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express prior permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation;
- Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
- "Stalk" or otherwise harass anyone;
- Collect personal data about other users for commercial or unlawful purposes;
- Post non-local or otherwise irrelevant content, repeatedly post the same or similar content;
GUIDELINES FOR USING SPECIFIC PRODUCTS
Your use of the Services and the relating licenses granted hereunder are also conditioned upon your strict adherence to the letter and spirit of the various applicable guidelines detailed on the Website, including without limitation the guidelines for the BabyBump app available here and the guidelines for the Pink Pad app available here. Alt12 App may modify such guidelines in its sole discretion at any time. Alt12 Apps reserves the right to terminate your account and access to the Services if it determines that you have violated any such applicable guidelines.
You are responsible for all Content that you submit, post, or otherwise make available to or through the Services ("User Content"). By doing so, you represent and warrant to Alt12 Apps that your User Content is not subject to any confidentiality obligation to any third party and that you have all necessary permission to submit, post and otherwise make available such User Content.
Alt12 Apps makes no claims to ownership of User Content that you submit, post or otherwise make available to or through the Services and you shall continue to retain all ownership rights in your User Content and the right to use your User Content as you see fit. However, you hereby grant to Alt12 Apps and its affiliates a worldwide, nonexclusive, perpetual, transferable, fully sub-licensable, royalty-free right and license to:
a. with respect to User Content other than photos, graphics, audio, video, or journals that you submit, post or otherwise make available in public areas of the Services (e.g. not intended as a private communication), use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content (in whole or part) worldwide via the Services or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed; and
b. with respect to photos, graphics, audio, video or journals that you submit, post or otherwise make available in public areas of the Website, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such User Content for the purpose for which such User Content was submitted, posted or made available.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Services, please notify Alt12 App's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim is being infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Services;
4. Information reasonably sufficient to permit Alt12 Apps to contact you, such as your address, telephone number, and e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Alt12 Apps' Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
Attention: Copyright Agent
Alt12 Apps, Inc.
P.O. Box 31044
San Francisco, CA 94131
copyright [at] alt12 [dot] com
For clarity, only DMCA notices should go to the Alt12 Apps Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Alt12 App customer service through info [at] alt12 [dot] com.
THIRD PARTY SITES / LINKS / ADS
Your dealings with advertisers or other third parties found on or accessible through the Services are solely between you and such third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. Third party links are provided solely as a convenience to you and should not be construed as an endorsement by Alt12 Apps of content, items, or services provided on such third-party sites. You shall access and use such third party sites, including the content, items, or services on those sites, solely at your own risk.
Alt12 Apps does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that Alt12 Apps will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of links or ads of such third parties on the Services.
If there is a dispute between you and any such third party, you understand and agree that Alt12 Apps shall be under no obligation to become involved. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANY SUCH THIRD PARTY, YOU HEREBY RELEASE ALT12 APPS, ITS OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS IN RIGHTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
DISCLAIMER OF WARRANTIES
YOU AGREE THAT THE USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALT12 APPS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALT12 APPS DOES NOT MAKE ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. ALT12 APPS MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. ALT12 APPS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES, OR ACCESSED THROUGH ANY LINKS ON THE SERVICES. ALT12 APPS DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ALT12 APPS OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, CONTENT OR SERVICES. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT ALT12 APPS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES. ADDITIONALLY, IN NO EVENT WILL ALT12 APPS OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (5) ANY OTHER MATTER RELATING TO THE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT ALT12 APPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
TERMINATION AND SURVIVAL