We had an overwhelming demand and request for this group and so we’ve made an exception and are officially opening our Gratitude group!
Counter to the Pregnancy Rant group where we get to vent our daily pregnancy frustrations, we thought it would be equally appropriate to have a place for our members to share a daily gratitude, to remind us of all the good things in our pregnancy journey.
Please keep in mind that this group is designed for support and encouragement. So let’s hear it! What are you grateful for today?
Latest Activity
Hi
We are fully aware of the app problems that some users are experiencing. We apologise for the inconvenience. Hopefully things will be back to normal before you're sick of looking at this sticky thread.
Mistique
Alt12 Moderator.
We are fully aware of the app problems that some users are experiencing. We apologise for the inconvenience. Hopefully things will be back to normal before you're sick of looking at this sticky thread.
Mistique
Alt12 Moderator.
by Mystique on May 15, 2012
BabyBump is a comprehensive app with many features. We know it can be confusing trying to grasp all the features so we thought it would be helpful to post the app features FAQ here. The most current FAQ can be found in the Settings Menu ->About ->FAQ.
iPHONE/iPOD FAQ:
What information is available about my pregnancy and where can I find it?
The main screen of BabyBump is the profile screen. From here, you can tap the Baby, Your Body, Journal, Photos, Kick Counter, or Contractions buttons. The Baby and Your Body screens give detailed daily and week-by-week information about the changes happening to you and your baby. Keep checking back each day and week for more info!
The Profile screen says I am on Week #, Day 7. Shouldn't it advance to the next week?
BabyBump counts days of the week from Day 1 to Day 7. So you will be on Day 7 on the last day of your week and on Day 1 on the first day of the next week. For example, if today is Week 17, Day 7, then tomorrow will be Week 18, Day 1.
How do I change my profile photo?
You can tap the profile photo to change it. You can choose to take a new photo with the camera or choose an existing photo from your library. After you have chosen a photo, the photo will replace the default profile photo and will be saved even after you quit the application. You can change your photo again at any time and can even revert back to the default photo if you don't like the one you have chosen.
How do I keep a photo diary of my pregnancy?
The Photos button on the main BabyBump screen allows you to manage your pregnancy-related photos. Tapping the "+" button in the upper right-corner allows you to add photos from your camera or phone's photo library. When you add a photo, it is tagged with the current date. For example, you may want to add a photo of your belly for each week of your pregnancy so you can see a time-lapsed slideshow of your progress. Tapping on any photo brings you to a large view. In the large view, you can swipe left or right to view the previous/next photo, and you can delete or email a photo.
How do I change the units used for my weight and waist measurements?
When entering a weight or waist measurement in the journal, you can specify the units for that individual measurement. You do not have to use the same measurement unit across days. For example, one day you could use kg and another you could use lb. To set the units used by default, tap the Settings button on the main Profile screen and go the Measurements. Note that these default units will also affect the default units shown in the measurement charts. However, you can change the units shown in the charts in the top right-hand corner of the Charts screen.
Where are the charts?
BabyBump charts your weight and waist measurements over time so you can see how your body has changed. Go to the Journal screen, scroll to the top to the Measurements section if it isn't already visible, and then tap the View Charts button.
How does BabyBump calculate estimated weight on the weight chart?
Estimated weight is based on your Body Mass Index (BMI), which is calculated from your pre-pregnancy weight and height. Note that the estimated weight gain is only an estimate. You should consult with a doctor if you are concerned about changes in your weight during your pregnancy. The BabyBump weight gain estimation is based on information provided by ACOG at the following link: ACOG.
How do I delete a contraction session?
On the Contractions screen, tap the History button in the upper right-hand corner. Here, the history of all contractions appears in the lower-half of the screen. You can swipe left or right on any row to delete the contraction. Note that you cannot delete an active contraction. To delete an active contraction, first stop the contraction, then swipe to delete it on the contraction history screen.
How do I send an email of my Kick Counts or Contraction tracking sessions?
In the lower right-hand corner of the Kick Counter and Contractions screens there is an action button. Tap the button to send an email containing the full history of your kicks or contractions.
I cannot set my due date using LMP and/or my number of weeks always says 41+
In version 1.0 of BabyBump, the LMP method of setting the due date does not work properly. This has been fixed and works in version 1.1 of BabyBump and beyond. Please upgrade to the latest version using App Store on your phone.
Some of my journal Feelings or Notes are not saving
In version 1.0 of BabyBump, a single quote (') in a Feelings or Notes prevented the field from being saved properly. This has been fixed and works in version 1.1 of BabyBump and beyond. Please upgrade to the latest version using App Store on your phone.
What if I'm having twins?
Version 3.1 and greater of BabyBump allows you to specify that you're having twins. From the profile screen, tap on Settings and then Baby and select the number of children. When this is greater than 1, and if you have entered your pre-pregnancy weight and height, then the estimated weight graph will be adjusted to account for the fact that you're having multiples. According to the American Pregnancy Association, women having twins should gain 35 to 45 pounds while women having triplets should gain 50 to 60 pounds.
Note that if you are having a single child, BabyBump will use your baby's gender when adding the baby's name to the profile screen. For example, it will preface your baby's name with "Baby Boy" or "Baby Girl" if there is enough room. However, if you are having multiples, your baby's name will be shown without any preceding text.
Also note that if you are having multiples, the baby comparison information on the weekly baby information screen will not be accurate. There currently is not enough information to give accurate fruit or vegetable comparisons for multiples for each week of pregnancy.
ANDROID DEVICES
I am having problems downloading the app, my credit card was denied, or I have been charged multiple times. How do I fix this?
Alt12 Apps are the developers of BabyBump, but all downloads are handled by Android Market. You can get help with Android Market at the following link: Android Market Help. Charges for apps may happen through your carrier or through Google Checkout. For help with Google Checkout, click here: Google Checkout Help
How do I change my profile photo?
You can tap the profile photo to change it. You can choose to take a new photo with the camera or choose an existing photo from your library. After you have chosen a photo, the photo will replace the default profile photo and will be saved even after you quit the application. You can change your photo again at any time and can even revert back to the default photo if you don't like the one you have chosen.
How do I keep a photo diary of my pregnancy?
The Photos button on the main BabyBump screen allows you to manage your pregnancy-related photos. Tapping the "+" button in the upper right-corner allows you to add photos from your camera or phone's photo library. When you add a photo, it is tagged with the current date. For example, you may want to add a photo of your belly for each week of your pregnancy so you can see a time-lapsed slideshow of your progress. Tapping on any photo brings you to a large view. In the large view, you can swipe left or right to view the previous/next photo, and you can delete or email a photo.
How do I change the units used for my weight and waist measurements?
When entering a weight or waist measurement in the journal, you can specify the units for that individual measurement. You do not have to use the same measurement unit across days. For example, one day you could use kg and another you could use lb. To set the units used by default, tap the Settings button on the main Profile screen and go the Measurements. Note that these default units will also affect the default units shown in the measurement charts. However, you can change the units shown in the charts in the top right-hand corner of the Charts screen.
Where are the charts?
BabyBump charts your weight and waist measurements over time so you can see how your body has changed. Go to the Journal screen, scroll to the top to the Measurements section if it isn't already visible, and then tap the View Charts button.
How does BabyBump calculate estimated weight on the weight chart?
Estimated weight is based on your Body Mass Index (BMI), which is calculated from your pre-pregnancy weight and height. Note that the estimated weight gain is only an estimate. You should consult with a doctor if you are concerned about changes in your weight during your pregnancy. The BabyBump weight gain estimation is based on information provided by ACOG at the following link: ACOG.
How do I delete a contraction session?
On the Contractions screen, tap the History button in the upper right-hand corner. Here, the history of all contractions appears in the lower-half of the screen. You can press and hold any row and you will be presented with the option to delete the contraction. Note that you cannot delete an active contraction. To delete an active contraction, first stop the contraction, then go back into history and tap and hold the row to delete it.
How do I send an email of my Kick Counts or Contraction tracking sessions?
In the lower right-hand corner of the Kick Counter and Contractions screens there is an action button. Tap the button to send an email containing the full history of your kicks or contractions.
iPHONE/iPOD FAQ:
What information is available about my pregnancy and where can I find it?
The main screen of BabyBump is the profile screen. From here, you can tap the Baby, Your Body, Journal, Photos, Kick Counter, or Contractions buttons. The Baby and Your Body screens give detailed daily and week-by-week information about the changes happening to you and your baby. Keep checking back each day and week for more info!
The Profile screen says I am on Week #, Day 7. Shouldn't it advance to the next week?
BabyBump counts days of the week from Day 1 to Day 7. So you will be on Day 7 on the last day of your week and on Day 1 on the first day of the next week. For example, if today is Week 17, Day 7, then tomorrow will be Week 18, Day 1.
How do I change my profile photo?
You can tap the profile photo to change it. You can choose to take a new photo with the camera or choose an existing photo from your library. After you have chosen a photo, the photo will replace the default profile photo and will be saved even after you quit the application. You can change your photo again at any time and can even revert back to the default photo if you don't like the one you have chosen.
How do I keep a photo diary of my pregnancy?
The Photos button on the main BabyBump screen allows you to manage your pregnancy-related photos. Tapping the "+" button in the upper right-corner allows you to add photos from your camera or phone's photo library. When you add a photo, it is tagged with the current date. For example, you may want to add a photo of your belly for each week of your pregnancy so you can see a time-lapsed slideshow of your progress. Tapping on any photo brings you to a large view. In the large view, you can swipe left or right to view the previous/next photo, and you can delete or email a photo.
How do I change the units used for my weight and waist measurements?
When entering a weight or waist measurement in the journal, you can specify the units for that individual measurement. You do not have to use the same measurement unit across days. For example, one day you could use kg and another you could use lb. To set the units used by default, tap the Settings button on the main Profile screen and go the Measurements. Note that these default units will also affect the default units shown in the measurement charts. However, you can change the units shown in the charts in the top right-hand corner of the Charts screen.
Where are the charts?
BabyBump charts your weight and waist measurements over time so you can see how your body has changed. Go to the Journal screen, scroll to the top to the Measurements section if it isn't already visible, and then tap the View Charts button.
How does BabyBump calculate estimated weight on the weight chart?
Estimated weight is based on your Body Mass Index (BMI), which is calculated from your pre-pregnancy weight and height. Note that the estimated weight gain is only an estimate. You should consult with a doctor if you are concerned about changes in your weight during your pregnancy. The BabyBump weight gain estimation is based on information provided by ACOG at the following link: ACOG.
How do I delete a contraction session?
On the Contractions screen, tap the History button in the upper right-hand corner. Here, the history of all contractions appears in the lower-half of the screen. You can swipe left or right on any row to delete the contraction. Note that you cannot delete an active contraction. To delete an active contraction, first stop the contraction, then swipe to delete it on the contraction history screen.
How do I send an email of my Kick Counts or Contraction tracking sessions?
In the lower right-hand corner of the Kick Counter and Contractions screens there is an action button. Tap the button to send an email containing the full history of your kicks or contractions.
I cannot set my due date using LMP and/or my number of weeks always says 41+
In version 1.0 of BabyBump, the LMP method of setting the due date does not work properly. This has been fixed and works in version 1.1 of BabyBump and beyond. Please upgrade to the latest version using App Store on your phone.
Some of my journal Feelings or Notes are not saving
In version 1.0 of BabyBump, a single quote (') in a Feelings or Notes prevented the field from being saved properly. This has been fixed and works in version 1.1 of BabyBump and beyond. Please upgrade to the latest version using App Store on your phone.
What if I'm having twins?
Version 3.1 and greater of BabyBump allows you to specify that you're having twins. From the profile screen, tap on Settings and then Baby and select the number of children. When this is greater than 1, and if you have entered your pre-pregnancy weight and height, then the estimated weight graph will be adjusted to account for the fact that you're having multiples. According to the American Pregnancy Association, women having twins should gain 35 to 45 pounds while women having triplets should gain 50 to 60 pounds.
Note that if you are having a single child, BabyBump will use your baby's gender when adding the baby's name to the profile screen. For example, it will preface your baby's name with "Baby Boy" or "Baby Girl" if there is enough room. However, if you are having multiples, your baby's name will be shown without any preceding text.
Also note that if you are having multiples, the baby comparison information on the weekly baby information screen will not be accurate. There currently is not enough information to give accurate fruit or vegetable comparisons for multiples for each week of pregnancy.
ANDROID DEVICES
I am having problems downloading the app, my credit card was denied, or I have been charged multiple times. How do I fix this?
Alt12 Apps are the developers of BabyBump, but all downloads are handled by Android Market. You can get help with Android Market at the following link: Android Market Help. Charges for apps may happen through your carrier or through Google Checkout. For help with Google Checkout, click here: Google Checkout Help
How do I change my profile photo?
You can tap the profile photo to change it. You can choose to take a new photo with the camera or choose an existing photo from your library. After you have chosen a photo, the photo will replace the default profile photo and will be saved even after you quit the application. You can change your photo again at any time and can even revert back to the default photo if you don't like the one you have chosen.
How do I keep a photo diary of my pregnancy?
The Photos button on the main BabyBump screen allows you to manage your pregnancy-related photos. Tapping the "+" button in the upper right-corner allows you to add photos from your camera or phone's photo library. When you add a photo, it is tagged with the current date. For example, you may want to add a photo of your belly for each week of your pregnancy so you can see a time-lapsed slideshow of your progress. Tapping on any photo brings you to a large view. In the large view, you can swipe left or right to view the previous/next photo, and you can delete or email a photo.
How do I change the units used for my weight and waist measurements?
When entering a weight or waist measurement in the journal, you can specify the units for that individual measurement. You do not have to use the same measurement unit across days. For example, one day you could use kg and another you could use lb. To set the units used by default, tap the Settings button on the main Profile screen and go the Measurements. Note that these default units will also affect the default units shown in the measurement charts. However, you can change the units shown in the charts in the top right-hand corner of the Charts screen.
Where are the charts?
BabyBump charts your weight and waist measurements over time so you can see how your body has changed. Go to the Journal screen, scroll to the top to the Measurements section if it isn't already visible, and then tap the View Charts button.
How does BabyBump calculate estimated weight on the weight chart?
Estimated weight is based on your Body Mass Index (BMI), which is calculated from your pre-pregnancy weight and height. Note that the estimated weight gain is only an estimate. You should consult with a doctor if you are concerned about changes in your weight during your pregnancy. The BabyBump weight gain estimation is based on information provided by ACOG at the following link: ACOG.
How do I delete a contraction session?
On the Contractions screen, tap the History button in the upper right-hand corner. Here, the history of all contractions appears in the lower-half of the screen. You can press and hold any row and you will be presented with the option to delete the contraction. Note that you cannot delete an active contraction. To delete an active contraction, first stop the contraction, then go back into history and tap and hold the row to delete it.
How do I send an email of my Kick Counts or Contraction tracking sessions?
In the lower right-hand corner of the Kick Counter and Contractions screens there is an action button. Tap the button to send an email containing the full history of your kicks or contractions.
by Alt12Apps on May 05, 2011
No replies
We're excited and proud to officially announce the launch of our new <a href=http://www.babybumpapp.com>babybumpapp.com</a> website! Many of you have waited patiently as we worked hard behind the scenes to give you features to help personalize your pregnancy experience.
One of the most anticipated new features is the ability for our users to create GROUPS! You may create Public, Private, and Secret Groups to customize your level of privacy. In addition, you may send other members private messages and add them as friends. Groups are a great way to customize the way you interact with the community and your close friends.
There are a ton of new features but you’ll have to check out <a href=http://www.babybumpapp.com>babybumpapp.com</a> to see what’s new!
Happily,
The BabyBump Team
One of the most anticipated new features is the ability for our users to create GROUPS! You may create Public, Private, and Secret Groups to customize your level of privacy. In addition, you may send other members private messages and add them as friends. Groups are a great way to customize the way you interact with the community and your close friends.
There are a ton of new features but you’ll have to check out <a href=http://www.babybumpapp.com>babybumpapp.com</a> to see what’s new!
Happily,
The BabyBump Team
by Alt12Apps on Apr 18, 2011
We're excited and proud to officially announce the launch of our new babybumpapp.com website! Many of you have waited patiently, and even helped us test, as we worked hard behind the scenes to give you features to help personalize your pregnancy experience.
One of the most anticipated new features is the ability for our users to create GROUPS! You may create Public, Private, and Secret Groups to customize your level of privacy. In addition, you may send other members private messages and add them as friends. Groups are a great way to customize the way you interact with the community and your close friends.
There are a ton of new features but you’ll have to check out babybumpapp.com to see what’s new!
Happily,
The BabyBump Team
One of the most anticipated new features is the ability for our users to create GROUPS! You may create Public, Private, and Secret Groups to customize your level of privacy. In addition, you may send other members private messages and add them as friends. Groups are a great way to customize the way you interact with the community and your close friends.
There are a ton of new features but you’ll have to check out babybumpapp.com to see what’s new!
Happily,
The BabyBump Team
by Alt12Apps on Apr 18, 2011
No replies
Alt12 Apps, L.L.C. Terms of Use
Effective as of: February 22, 2011
The Alt12 Apps, L.L.C. (“Alt12 Appsâ€) websites (collectively, the "Website"), all other products and services, including mobile apps, owned, controlled or offered by Alt12 Apps, and all content offered as part thereof, are collectively referred to herein as the “Services.†Subscribers, account holders, customers, users, and others who download, access, use, purchase and/or subscribe to the Services (“youâ€) agree to the following terms and conditions (the "Terms of Use"). These Terms of Use govern your use of the Services and are a condition to your use of the Services.
BEFORE USING ANY SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY ACCESSING, BROWSING AND/OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL THE TERMS, CONDITIONS, CONSENTS AND DISCLOSURES SET FORTH IN THE TERMS OF USE, THE APPLICABLE GUIDELINES SET FORTH ON THE WEBSITE, AND THE APPLICABLE END USER LICENSE AGREEMENT (IF ANY) FOR ANY MOBILE APPS YOU DOWNLOAD. IF YOU DO NOT AGREE TO THE TERMS OF USE, THE APPLICABLE GUIDELINES AND/OR THE APPLICABLE END USER LICENSE AGREEMENT (IF ANY), THEN PLEASE CEASE USING THE SERVICES IMMEDIATELY.
ALL THE SERVICES ARE AVAILABLE ONLY FOR INDIVIDUALS AGED 13 YEARS OR OLDER. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THIS TERMS OF USE WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THIS TERMS OF USE. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THIS TERMS OF USE ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THIS TERMS OF USE FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE SERVICES, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
MODIFICATION OF TERMS OF USE AND/OR SERVICES
Alt12 Apps reserves the right, in its sole discretion, to modify, discontinue or terminate the Services or to modify this Terms of Use at any time and without prior notice. If Alt12 Apps amends this Terms of Use, it will update this posting on the Website and specify the effective date of the new version of the Terms of Use. Your continued use of the Services following the posting of a new version of the Terms of Use shall constitute your acceptance of any such amendments. Accordingly, you should check to see if a new version of the Terms of Use has been posted each time you use the Services. If the amended Terms of Use are not acceptable to you, your only recourse is to cease using the Services.
PRIVACY
Please refer to the Privacy Policy available here (http://www.alt12.com/privacy) for information and notices about how Alt12 Apps collects, uses and shares your personally identifiable information in connection with the Services.
YOUR ACCOUNT
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
The Services are owned by Alt12 Apps and are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in the Terms of Use, Alt12 Apps and its licensors exclusively own or control all right, title, and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, or other proprietary rights notices incorporated in or accompanying the Services.
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.
Alt12 Apps grants you a nonexclusive, nontransferable, revocable, limited license to view, download, copy and print Content retrieved from the Services only for your personal, noncommercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in connection with the Content. You may not use any Content available via the Services in any other manner or for any other purpose without the prior written permission of Alt12 Apps. All rights not expressly granted in this Terms of Use are expressly reserved for Alt12 Apps.
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).
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- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
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- 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;
Alt12 Apps will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Services security issues, to the fullest extent of the law. Alt12 Apps may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Use. You acknowledge that Alt12 Apps has no obligation to monitor your access to or use of the Services or to review or edit any Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with the Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Alt12 Apps reserves the right, at any time and without prior notice, to remove or disable access to any content that Alt12 Apps, in its sole discretion, considers to be in violation of the Terms of Use or otherwise harmful to the Services.
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.
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You are responsible for all Content that you submit, post, or otherwise make available to or through the Services (“User Contentâ€). 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, L.L.C.
127 Roanoke St.
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.
INDEMNIFICATION
You agree to indemnify and hold harmless Alt12 Apps, 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 Terms of Use; (2) the User Content you submit, post, or transmit through the Services; or (3) your use of the Services.
TERMINATION AND SURVIVAL
Either party may terminate the Terms of Use for any or no cause, at any time. After termination, you shall no longer access or utilize the Services. The provisions of this Agreement which by their intent or meaning intended to survive such termination, including without limitation the provisions relating to disclaimer of warranties, limitations of liability, and indemnification, shall survive the any termination of this Terms of Use and any termination of your use of or subscription to the Services and shall continue to apply indefinitely.
SEVERABILITY
If any provision of the Terms of Use is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Terms of Use shall continue in full force and effect.
APPLICABLE LAW
This Terms of Use and the resolution of any dispute related to this Terms of Use or the Services shall be governed by and construed in accordance with the laws of California without giving effect to any principles of conflicts of law. Any legal action or proceeding between Alt12 Apps and you relating to the Terms of Use or the Services shall be brought exclusively in a court of competent jurisdiction sitting in San Francisco, California, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.
CONTACT INFORMATION
If you have any questions or concerns with respect to this Terms of Use or the Services you may contact a representative of Alt12 Apps at info [at] alt12 [dot] com or by mail at Alt12 Apps, 127 Roanoke St, San Francisco, California, 94131 USA.
Effective as of: February 22, 2011
The Alt12 Apps, L.L.C. (“Alt12 Appsâ€) websites (collectively, the "Website"), all other products and services, including mobile apps, owned, controlled or offered by Alt12 Apps, and all content offered as part thereof, are collectively referred to herein as the “Services.†Subscribers, account holders, customers, users, and others who download, access, use, purchase and/or subscribe to the Services (“youâ€) agree to the following terms and conditions (the "Terms of Use"). These Terms of Use govern your use of the Services and are a condition to your use of the Services.
BEFORE USING ANY SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY ACCESSING, BROWSING AND/OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL THE TERMS, CONDITIONS, CONSENTS AND DISCLOSURES SET FORTH IN THE TERMS OF USE, THE APPLICABLE GUIDELINES SET FORTH ON THE WEBSITE, AND THE APPLICABLE END USER LICENSE AGREEMENT (IF ANY) FOR ANY MOBILE APPS YOU DOWNLOAD. IF YOU DO NOT AGREE TO THE TERMS OF USE, THE APPLICABLE GUIDELINES AND/OR THE APPLICABLE END USER LICENSE AGREEMENT (IF ANY), THEN PLEASE CEASE USING THE SERVICES IMMEDIATELY.
ALL THE SERVICES ARE AVAILABLE ONLY FOR INDIVIDUALS AGED 13 YEARS OR OLDER. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THIS TERMS OF USE WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THIS TERMS OF USE. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THIS TERMS OF USE ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THIS TERMS OF USE FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE SERVICES, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
MODIFICATION OF TERMS OF USE AND/OR SERVICES
Alt12 Apps reserves the right, in its sole discretion, to modify, discontinue or terminate the Services or to modify this Terms of Use at any time and without prior notice. If Alt12 Apps amends this Terms of Use, it will update this posting on the Website and specify the effective date of the new version of the Terms of Use. Your continued use of the Services following the posting of a new version of the Terms of Use shall constitute your acceptance of any such amendments. Accordingly, you should check to see if a new version of the Terms of Use has been posted each time you use the Services. If the amended Terms of Use are not acceptable to you, your only recourse is to cease using the Services.
PRIVACY
Please refer to the Privacy Policy available here (http://www.alt12.com/privacy) for information and notices about how Alt12 Apps collects, uses and shares your personally identifiable information in connection with the Services.
YOUR ACCOUNT
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
The Services are owned by Alt12 Apps and are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in the Terms of Use, Alt12 Apps and its licensors exclusively own or control all right, title, and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, or other proprietary rights notices incorporated in or accompanying the Services.
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.
Alt12 Apps grants you a nonexclusive, nontransferable, revocable, limited license to view, download, copy and print Content retrieved from the Services only for your personal, noncommercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in connection with the Content. You may not use any Content available via the Services in any other manner or for any other purpose without the prior written permission of Alt12 Apps. All rights not expressly granted in this Terms of Use are expressly reserved for Alt12 Apps.
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;
- Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by the Terms of Use;
- 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;
Alt12 Apps will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Services security issues, to the fullest extent of the law. Alt12 Apps may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Use. You acknowledge that Alt12 Apps has no obligation to monitor your access to or use of the Services or to review or edit any Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with the Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Alt12 Apps reserves the right, at any time and without prior notice, to remove or disable access to any content that Alt12 Apps, in its sole discretion, considers to be in violation of the Terms of Use or otherwise harmful to the Services.
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.
USER-SUBMITTED CONTENT
You are responsible for all Content that you submit, post, or otherwise make available to or through the Services (“User Contentâ€). 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, L.L.C.
127 Roanoke St.
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.
INDEMNIFICATION
You agree to indemnify and hold harmless Alt12 Apps, 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 Terms of Use; (2) the User Content you submit, post, or transmit through the Services; or (3) your use of the Services.
TERMINATION AND SURVIVAL
Either party may terminate the Terms of Use for any or no cause, at any time. After termination, you shall no longer access or utilize the Services. The provisions of this Agreement which by their intent or meaning intended to survive such termination, including without limitation the provisions relating to disclaimer of warranties, limitations of liability, and indemnification, shall survive the any termination of this Terms of Use and any termination of your use of or subscription to the Services and shall continue to apply indefinitely.
SEVERABILITY
If any provision of the Terms of Use is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Terms of Use shall continue in full force and effect.
APPLICABLE LAW
This Terms of Use and the resolution of any dispute related to this Terms of Use or the Services shall be governed by and construed in accordance with the laws of California without giving effect to any principles of conflicts of law. Any legal action or proceeding between Alt12 Apps and you relating to the Terms of Use or the Services shall be brought exclusively in a court of competent jurisdiction sitting in San Francisco, California, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.
CONTACT INFORMATION
If you have any questions or concerns with respect to this Terms of Use or the Services you may contact a representative of Alt12 Apps at info [at] alt12 [dot] com or by mail at Alt12 Apps, 127 Roanoke St, San Francisco, California, 94131 USA.
by Alt12Apps on Feb 22, 2011
No replies