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Terms of Service


Date of Last Revision: July 1st, 2019

These Terms of Use govern your access to, use of and activities on the www.meetyourbaby.com website, which is owned and operated by Meet Your Baby, LLC. (“Meet Your Baby”, “we” and “us”), and the other websites of Meet Your Baby and its subsidiaries (together with such website, collectively, the “Website”).

Please read these Terms of Use carefully before accessing or using the Website. These Terms of Use limit Meet Your Baby's liability and may substantively affect your rights. By accessing or using the public or private portions of the Website, you accept and agree to be bound by these Terms of Use. If you are accessing or using the Website on behalf of your employer or another person or entity, you represent and warrant that you have full legal authority to bind such employer or other person or entity. If you do not have such authority or you do not agree with these Terms of Use, do not access or use the Website.

Changes to Legal Terms

Meet Your Baby may change these Terms of Use and the guidelines, policies, restrictions and agreements on the Website at any time and from time to time without notice. You are cautioned to review the Terms of Use and the guidelines, policies, restrictions and agreements posted on the Website periodically. Your continued access to or use of the Website after any such changes are posted will constitute your acceptance of and agreement to the changes.

Content and Other Materials

Meet Your Baby and its subsidiaries and other corporate affiliates (collectively, “Affiliates” and together with Meet Your Baby, “we”, “us” and possessives thereof) offer an online marketplace where people may submit and upload at the Website a variety of works, including images, film and video footage, music, sound effects, photographs, illustrations, animation, after effects templates, 3D models, media project files and/or other audio, audio-visual, or visual works, whether generated optically, electronically, digitally or by any other means or in any media or other material (any and all of such works that are uploaded to the Website or otherwise submitted to us, individually and collectively, “Content”) so the same may be downloaded by its users. This service relates generally to systems and methods for facilitating virtual reality and more specifically towards transforming media artifacts into virtual reality experiences.

No Content may be uploaded to the Website or otherwise submitted to us unless the person or entity doing so agrees that it has the right to the Content.

All Content, Content Information and other works, content and materials (including the organization and presentation of the foregoing) on the Website (the “Materials”) and copyrights and other intellectual property rights therein and thereto are the property of us and our licensors and are protected by copyright, trademark and other intellectual property laws. “Meet Your Baby” is a registered trademark and “www.meetyourbaby.com” is a trademark of Meet Your Baby. The visual appearance of the Website is protected trade dress of Meet Your baby under U.S. and other law.

Any use of any of these Materials, including any modification, public display or performance, derivative use, exploitation or distribution, without our written permission is strictly prohibited. No copyright and other intellectual property notices or watermark on any Materials shall be deleted or modified.

Privacy; Your Personal DataWe are committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit the Website and use Cookies. By accessing or using the Website or providing any personal information on the Website or otherwise to us, you are consenting to your personal information being with and collected, processed, shared and used and our use of cookies as provided in our Privacy Policy. Please see our Privacy Policy for further details.

Termination of Use

We may at our sole discretion terminate or limit anyone's access to or use of the Website, any pre-paid credits or subscription and/or any Evaluation License at any time and for any reason without prior notice, including (without limitation):

  1. Posting or uploading any infringing or offensive Content, communication or other Material to the Website,
  2. Soliciting any Website contributor, customer or user, or
  3. Breaching any other provision of these Terms of Use.

In such event, you agree to immediately (i) stop using the Website and all Content Information and (ii) delete all Content Information, other Materials and all copies thereof from all digital media, files, folders, works and storage devices and destroy all other copies, or, at Meet Your Baby's request, return all such copies to Meet Your Baby. If we terminate or limit your access to or use of the Website for breach of any agreement or terms or reasonable cause, Meet Your Baby will not be obligated to refund any fees paid by you.

Operations of the Website

We operate the Website as an internet service provider of an on-line video converter from images and videos to a virtual reality and mixed reality experience, providing storage of user generated materials on our systems or networks at the direction of Meet Your Baby's users.

Services

We may provide services in connection with the Website, including email notifications, Content downloading and information publication. We will endeavor to ensure that such services are available, operate correctly and are free from malicious code (e.g., computer viruses). You agree to release and hold harmless Meet Your Baby for any damages arising out of your use of the Website, including the unavailability, failure or improper operation of services provided in connection with the Website.

You may incur fees for using certain services (“Fee-Based Services”) provided by us. The fees for Fee-Based Services will be conspicuously posted or stated in a notice from us, and you will not be allowed to access any Fee-Based Service without first approving the fees for such service. You agree to pay us all fees charged by us for Fee-Based Services you elect to access.

THE WEBSITE AND MATERIALS PROVIDED “AS IS”.

THE WEBSITE, OUR SERVICES AND THE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION, WARRANTY OR GUARANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE, OUR SERVICES OR ANY MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE AND USE OF THE WEBSITE, OUR SERVICES AND THE MATERIALS IS WITH YOU. Certain jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You have specific rights under this warranty, but you may have others, which vary from jurisdiction to jurisdiction.

LIMITATION OF LIABILITY

WE AND OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS AND AGENTS (INCLUDING US, COLLECTIVELY, the “Meet Your Baby Parties”) SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, DIRECT, PUNITIVE, SPECIAL, INDIRECT, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES OR PROCEEDING ARISING UNDER THESE TERMS OF USE OR ARISING OUT OF YOUR OR ANY OF YOUR REPRESENTATIVE'S USE OF THE WEBSITE, OUR SERVICES OR ANY OF THE MATERIALS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. THE FEES FOR OUR SERVICES REFLECT AND ARE SET IN RELIANCE UPON THIS ALLOCATION OF RISK AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF USE. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OF USE, THE TOTAL MAXIMUM AGGREGATE LIABILITY OF THE MEET YOUR BABY PARTIES UNDER THESE TERMS OF USE, OR THE ACCESS OR USE OF THE SITE OR ANY OF THE MATERIALS, SHALL BE LIMITED TO AN AGGREGATE OF ONE ($1) US DOLLAR, EVEN IF WE OR ANOTHER MEET YOUR BABY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

You agree to indemnify and hold each of the Meet Your baby Parties harmless against all claims or liability asserted against any of us arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.

INTERPRETATION

Unless the context requires otherwise, in any part of these Terms of Use (a) “including” (and any of its derivative forms, e.g. “includes”), “e.g.” and “for example” means “including but not limited to”; (b) “must not”, “should not”, “shall not” and “may not” are expressions of prohibition, and “will”, “must”, “should” and “shall” are expressions of command, and not merely expressions of future intent or expectation; (c) use of the singular imports the plural and vice versa; (d) references to one or no gender include the other or no gender; (e) references to the terms “herein” or “hereto” refer to these Terms of Use (including any terms incorporated by reference herein); (f) the headings in these Terms of Use are for ease of reference only and shall not affect its interpretation; and (g) when calculating the time period before which, within which or following which any act is to be done or step taken pursuant to these Terms of Use, the date that is the reference date in calculating such period shall be excluded and the time period shall be deemed to end at 11:59 PM Greenwich Mean Time on the applicable date.

CONSENT TO ELECTRONIC COMMUNICATIONS

By inputting any information on the Website, you are consenting to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

MISCELLANEOUS PROVISIONS

  1. The parties to these Terms of Use are independent contractors, and nothing in these Terms of Use or the guidelines, policies, restrictions and agreements on the Website shall create a joint venture, partnership, employment relationship, or franchise or fiduciary relationship between the parties.
  2. No waiver of any default under these Terms of Use will apply to any subsequent default, whether of a similar nature or not, nor will any such waiver be construed as a waiver of any other provision of these Terms of Use.
  3. If any provision, or portion thereof, of these Terms of Use, or its application to any person or circumstance, shall be invalid, illegal or unenforceable to any extent, the remainder of these Terms of Use, such provision and their application shall not be affected thereby, but shall be interpreted without such unenforceable provision or portion thereof so as to give effect, insofar as is possible, to the original intent of the parties, and shall otherwise be enforceable to the fullest extent permitted by law.
  4. These Terms of Use shall be construed in accordance with the laws of the State of California without regard to its choice of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not govern these Terms of Use. Any access to and use of the Website and the entering into these Terms of Use will be deemed to take place in the United States.
  5. Any dispute regarding these Terms of Use will be resolved exclusively by a State or Federal court in California in the United States. We and you hereby waive any objection to venue, or to the inconvenience of the forum, of any such court or right to trial by jury to resolve any such dispute. The parties hereby consent to the jurisdiction of such courts.
  6. You represent that, if you are an individual, you are at least 18 years of age and have the full right and authority to enter into these Terms of Use and conduct all activity conducted or to be conducted by you in or through the Website.
  7. The Meet your Baby Parties are intended third party beneficiaries of these Terms of Use. Nothing in these Terms of Use or the guidelines, policies on the Website, express or implied, is intended to or shall confer upon any third person or entity other than the Meet Your Baby Parties any rights, benefits or remedies of any nature whatsoever. Without limiting the generality of the foregoing, no provision herein shall be for the benefit of or enforceable by any creditor of any party hereto.
  8. If you breach any provision of these Terms of Use or any other agreements or policies referred to herein and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use or any other such agreement or policy.
  9. Your obligations and our rights and remedies set out in these Terms of Use are cumulative and are in addition to your obligations and our rights and remedies at law or in equity.
  10. Meet Your Baby may assign these Terms of Use without your consent to any other party.
  11. These Terms of Use are in addition to the Meet Your Baby Privacy Policy and the policies, guidelines and restrictions contained on the Website (which are all incorporated by this reference into these Terms of Use).

CUSTOMER SUPPORT

To find more information about our Website, marketplace, platform or Content, or if you need assistance with your account, please contact us at hello@meetyourbaby.com

CONTACT

If you have concerns relating to the Website or these Terms of Use, please contact us at hello@meetyourbaby.com