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IMPORTANT - READ
CAREFULLY BEFORE PROCEEDING
READ THE
TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY PRIOR TO
CLICKING THE "SIGN ME UP" BUTTON, BY INDICATING YOUR ACCEPTANCE
OF THESE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, YOU
("The Subscriber") ACKNOWLEDGE AND AGREE TO BE BOUND BY THE
PROVISIONS OF THIS AGREEMENT FOR THE USE OF THE SERVICES
PROVIDED BY BABYBROADCAST.COM. IF SUBSCRIBER IS NOT WILLING TO
BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR IF
THE SUBSCRIBER IS NOT OF AGE, OR IS OTHERWISE UNABLE BY LAW TO
BE A PARTY TO THIS AGREEMENT, THE SUBSCRIBER SHOULD PROMPTLY
EXIT FROM THIS WEB PAGE. BABYBROADCAST.COM RESERVES THE RIGHT TO
DISCONTINUE SERVICES IN THE EVENT SUBSCRIBER DOES NOT OTHERWISE
COMPLY WITH THE TERMS AND CONDITIONS CONTAINED HEREIN.
1. GRANT OF
RIGHTS TO USE SERVICES.
• Effective
upon acceptance of this Agreement, BabyBroadcast.com hereby
grants to Subscriber a nonexclusive, nontransferable,
license to access and use the Services, for
Subscriber's use.
• Subscriber
shall have no right to sell use of the Services nor make any
claim that it does have such right.
• The Services
will allow Subscriber to perform various functions sending
prerecorded audio/voice and text messages to predetermined phone numbers.
• The Service
will allow Subscriber to perform various functions setting up
various pre-recorded audio voice messages and menu options that
would allow callers to listen and respond to various voice
prompts.
• Subscriber is
solely responsible for obtaining all equipment and approvals
necessary for connection to the World Wide Web and all charges
associated with such connection to the World Wide Web and phone
service charges.
2.
SUBSCRIBER REGISTRATION
• Subscriber
will provide all relevant data to BabyBroadcast.com upon signing
up for the Services and at subsequent times as requested by
BabyBroadcast.com.
• Subscriber
acknowledges that BabyBroadcast.com may distribute the
registration data to third parties, provided, however,
Subscriber's name, address (home and email) and telephone number
will not be distributed, unless required by law, or in the event
Subscriber grants BabyBroadcast.com the right to provide that
information.
• Subscriber
shall update the registration data as applicable.
• Upon
completion of all registration information and acceptance of
this Agreement, Subscriber will establish a UserName and
Password.
• Subscriber is
solely responsible for maintaining the confidentiality of
Subscriber's UserName, Password, Mailbox Numbers and Personal
Identification Number (PIN).
• Subscriber
shall not give account information to third parties and shall at
all times be responsible and liable for any transactions or
activities that occur on Subscriber's account.
• Subscriber
shall immediately notify BabyBroadcast.com if any unauthorized
use of Subscriber's account has occurred or of any other breach
of security.
• Please refer
to our Privacy Policy for more details.
3.
BABYBROADCAST.COM'S RIGHTS
•
BabyBroadcast.com shall retain all right, title and interest to
the Services including all copyrights, trademarks and all other
intellectual property right there to.
• Subscriber
may not, nor allow any third party, to copy, distribute, sell,
disclose, lend, transfer, convey, modify, decompile, disassemble
or reverse engineer the Services and no use of trademarks is
granted under this Agreement.
• The copyright
notices and other proprietary legends shall not be removed from
the Services and no use of trademarks is granted under this
Agreement.
• Subscriber
may not grant any sub-license, leases or other rights in the
Services to any third party. All rights not expressly granted
under this Agreement are retained by BabyBroadcast.com.
4.
TERMINATION
• Either party
may terminate this Agreement upon notice to the other party.
• Upon
termination, Subscriber shall immediately cease to use the
Services and BabyBroadcast.com shall have no further obligations
whatsoever to Subscriber.
•
BabyBroadcast.com shall not be liable to the Subscriber or any
third party for any reason for BabyBroadcast.com terminating
this Agreement.
5.
LIMITATION OF LIABILITY
• In no event
shall BabyBroadcast.com be liable to Subscriber or any third
party for special, indirect, incidental or consequential damages
whether arising under contract, warranty, or tort (including
negligence or strict liability) or any other theory of
liability. BabyBroadcast.com's liability for damages, regardless
of the form of the action, shall not exceed the license fee paid
by Subscriber for the Services, if any. The limitation of
liability reflects the allocation of risk between the parties.
The limitations specified in this Section will survive and apply
even if any limited remedy specified in this Agreement is found
to have failed of its essential purpose.
6. WARRANTY
DISCLAIMER
• The Services
licensed there under are licensed "as is" and "as available" and
BabyBroadcast.com makes no warranties, express or implied,
including but not limited to the implied warranties of merchant
ability and fitness for a particular purpose and any similar
warranty whether said warranty arises under provisions of any
law of the United States or any state thereof. BabyBroadcast.com
makes no representations or warranties that the services are
free of rightful claims of any third party for infringement of
proprietary rights. The entire risk associated with the use of
the Services shall be borne solely by Subscriber.
•
BabyBroadcast.com makes no warranty that the Services will meet
Subscriber's requirements, or that the Services will be
uninterrupted, timely, secure, error free or that any defects in
the Services will be corrected.
•
BabyBroadcast.com Outbound service is a nonrefundable,
non-returnable, non-exchangeable prepaid service. All purchases
are final.
• Service charges are prepaid..
•
BabyBroadcast.com does not make any warranty pertaining to any
goods or Services purchased, obtained, secured or acquired
through the Services or any transaction entered into through the
Service.
•
BabyBroadcast.com does not warrant the accuracy or reliability
of the results obtained through use of the Services or any data
or information downloaded or otherwise obtained or acquired
through the use of the Services. Subscriber acknowledges that
any data or information downloaded or otherwise obtained or
acquired through the use of the Services are at Subscriber's
sole risk and discretion and BabyBroadcast.com will not be
liable or responsible for any damage to Subscriber or
Subscriber's property.
7. RETURN
POLICY
•
BabyBroadcast.com offers a 30 day satisfaction guarantee. This
means the following: if the user can provide proof that (1) any
call was not actually delivered but was reported as delivered
and the user's account was debited for the call or (2) the call
was delivered more than the number of times the phone number
appeared in the call list used and the user's account was
debited for the calls, BabyBroadcast.com will credit or refund
the amount pertaining to the call(s) in dispute.
BabyBroadcast.com has 30 days from the date of the notification
of the dispute to resolve the dispute. All disputes must be in
writing and emailed to legalservices@BabyBroadcast.com.
8.
INDEMNIFICATION
• Subscriber
shall indemnify and hold harmless BabyBroadcast.com, its
directors, officers, employees and agents from and against all
liabilities, losses, costs, expenses (including reasonable
attorneys' fees), and damages resulting from any negligent acts,
omissions or willful misconduct by Subscriber, Subscriber's use
of the Services and any breach of the terms and conditions of
this Agreement by Subscriber including any violation of this
agreement by subscriber or any other person using subscribers
account including but not limited to any violation of any
federal or state laws or regulations.
9.
MODIFICATION TO SERVICES
• During the
term of this Agreement, BabyBroadcast.com may modify or
discontinue the Services.
•
BabyBroadcast.com shall not be liable to the Subscriber or any
third party for any reason for BabyBroadcast.com's modifying or
terminating of such Services.
• The
Subscriber is responsible for creating a back-up copy of any
important or critical information that is stored on the Service
prior to storing on the BabyBroadcast.com system.
10.
MODIFICATION TO AGREEMENT
•
BabyBroadcast.com may automatically amend this Terms of Service
Agreement at any time by (i) posting a revised agreement on the
BabyBroadcast.com Web site, and/or (ii) sending information
regarding the Terms of Service amendment to the email address
Subscriber provides to BabyBroadcast.com. Subscriber is
responsible for regularly reviewing the BabyBroadcast.com Web
site to obtain timely notice of such amendments. Subscribers
will be deemed to have accepted these amended BabyBroadcast.com
Terms of Service if Subscriber continues to use
BabyBroadcast.com service after such amended Terms of Service
have been posted or information regarding such amendment has
been sent to Subscriber. Otherwise, this Terms of Service
Agreement may not be amended except in writing signed by both
parties.
11. RULES
AND REGULATIONS
• Subscriber
shall be fully and solely liable for any prerecorded audio,
voice transmissions sent through the Service. BabyBroadcast.com
has no control over the content of any transmission or the
destination such transmission will be sent nor will it be liable
for such content.
• Subscriber
shall not use the Services to create or distribute any images,
sounds, messages or other materials, which are obscene,
harassing, racist, malicious, fraudulent or libelous, nor use
the Services for any activity that may be considered or are
unethical, immoral, or illegal.
• Further,
Subscriber will abide by all rules, regulations, procedures and
policies of BabyBroadcast.com and any policies of the networks
connected to the Services.
• Subscriber is
aware, knows and understands, the rules and regulations with
specific regard to the Federal Trade Commission and the Federal
Communications Commission National Do Not Call Registry rules
and regulations and individual State Do Not Call Lists rules and
regulations along with any other similar laws that may be
applicable to subscribers use of BabyBroadcast.com. Subscriber
agrees not to violate these, or any other applicable Federal or
State laws and represents and warrants that subscribers use of
BabyBroadcast.com will not cause BabyBroadcast.com to violate
these or similar laws.
• Subscriber is
aware or knows and understands the anti-solicitation provisions
of the Federal Telephone Consumer Protection Act of 1991, and
any amendments thereto, at 47 U.S.C. § 227, the Federal
Communications Commission's implementing regulations, at 47 CFR
§ 64.1200 et seq., and any other similar laws. Subscriber agrees
not to violate these, or any other applicable anti-solicitation
laws, and represents and warrants that its use of
BabyBroadcast.com will not cause BabyBroadcast.com to violate
these or other similar laws.
• Subscriber
agrees that it is the sole responsibility of the Subscriber to
abide by any laws defined by the State or Federal Government in
which Services will be applicable. Subscriber understands and
agrees that BabyBroadcast.com will not be held responsible for
damages to the Subscriber or any third party incurred due to
Subscriber's failure to abide by State and/or Federal laws.
Please refer to the Telephone Consumer Protection Act of 1991.
You may visit the Federal Communications Commission Web site at
http://www.fcc.gov and the
Federal Trade Commission Web site at
http://www.ftc.gov. Please
refer to the appropriate State Attorney Generals office or other
applicable offices for telemarketing rules and or regulations
pertaining to your intended application and use of the Service.
There
are numerical limits to the amount of transactions a
Subscriber may send through the Services. The limit for
BabyBroadcast.com is 50 call transactions per account. Subscriber agrees to abide by all applicable local,
state, national and international laws and regulations and is
solely responsible for all acts or omissions that occur under
Subscriber's UserName and Password, including the content of
Subscriber's transmissions through the Service. By way of
example, and not as a limitation, Subscriber agrees not to:
• Use the
Service in connection with the delivery or transmission of
unsolicited messages (commercial or otherwise) or spamming.
• Create a
false identity or forged email address, or otherwise attempt to
mislead others as to the identity of the sender or the origin of
the message.
• Transmit
through the Service unlawful, harassing, libelous, abusive,
threatening, harmful, vulgar, obscene or otherwise objectionable
material of any kind or nature.
• Transmit any
material that may infringe the intellectual property rights or
other rights of third parties, including trademark, copyright or
right of publicity.
• Transmit any
material that contains viruses, trojan horses, worms, time
bombs, cancelbots, or any other harmful or deleterious programs.
• Violate any
U.S. law regarding the transmission of technical data or
software exported from the United States through the Service.
• Interfere
with or disrupt networks connected to the Service or violate the
regulations, policies or procedures of such networks.
• Attempt to
gain unauthorized access to the Service, other accounts,
computer systems or networks connected to the Service, through
password mining or any other means.
• Interfere
with another member's use and enjoyment of the Service or
another entity's use and enjoyment of similar services.
12. THIRD
PARTY ADVERTISER
• Subscribers
may enter into transactions with advertisers on the Services.
• Such
transactions are between Subscriber and advertisers and
BabyBroadcast.com has no connection with any such transaction.
•
BabyBroadcast.com assumes no liability for any such
transactions.
13. GENERAL
• This
Agreement merges all prior written and oral communications and
defines the entire agreement of the parties concerning the
Services.
• In the event
any portion of this Agreement shall be held illegal, void, or
ineffective, the remaining portions hereof shall remain in full
force and effect and such illegal, void or ineffective
provisions shall be construed, as nearly as possible, to reflect
the intentions of the parties.
• All notices
under this Agreement shall be in writing and delivered by email.
• This
Agreement shall be construed in accordance with the laws of the
State of Michigan without regard to its conflict of laws
provisions. Both parties submit to the jurisdiction of the State
and Federal courts of Michigan.
• Subscriber
agrees and acknowledges that any breach of the provisions
regarding ownership contained in this Agreement shall cause
BabyBroadcast.com irreparable harm and BabyBroadcast.com may
obtain injunctive relief as well as seek all other remedies
available to BabyBroadcast.com in law and in equity.
• Subscriber
shall not assign its rights under this Agreement. This Agreement
shall be binding on and inure to the benefit of the parties,
their successors, and permitted assigns and legal
representatives.
• The failure
of BabyBroadcast.com to exercise its rights under this Agreement
will not be construed as a waiver of such rights, nor will it
any way affect the validity of this Agreement. Sections 5, 6,
and 7 shall survive termination or expiration of this Agreement
for any reason.
14. Additional
Terms and Conditions for BabyBroadcast.com Recurring Services,
Developer IVR, Virtual Receptionist & Toll Free Service.
• Subscriber
may not transfer, port, sell, assign or make any claim that it
has the right to so with regard to any BabyBroadcast.com Toll
Free number or Account.
• Subscriber
understands that all BabyBroadcast.com services
including but not limited to Subscriber accounts and service is for the term of Twelve Months. This Twelve Month Agreement
has a term of twelve months from the date you signed up
("Sign-up Date") for the service or Toll Free Number.
• Excessive
additional minute usage is subject to review by
BabyBroadcast.com. BabyBroadcast.com at its sole discretion
reserves the right to offer subscriber an alternative service
plan that would prevent excessive additional minute usage and
reserves the right to place limitations on additional minute
usage.
• All charges
for BabyBroadcast.com services
will be charged to the credit card number subscriber provided
when signing up for a BabyBroadcast.com Toll-Free number.
• In the event
credit card or other form of payment is denied,
BabyBroadcast.com may discontinue service immediately.
IF YOU WOULD
LIKE ANOTHER OPPORTUNITY TO REVIEW THE TERMS AND CONDITIONS OF
THIS AGREEMENT, PLEASE SCROLL TO THE TOP OF THIS WEB PAGE.
IF YOU DO NOT
ACCEPT - PROMPTLY EXIT FROM THIS WEB SITE
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