WEBSITE TERMS OF USE

  1. AGREEMENT
  2. These Terms of Use (the “Agreement”) constitute a legally binding agreement by and between MyBabyTales.com (hereinafter, “MyBabyTales”) and you (“You” or “Your”) concerning Your use of MyBabyTales’ website (the “Website”) and the services available through the Website (the “Services”). By using the Website and Services, You represent and warrant that You have read and understood, and agree to be bound by, this Agreement and MyBabyTales’ Privacy Policy (the “Privacy Policy”), which is incorporated herein by reference and made part of this Agreement. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES.

  3. PRIVACY POLICY
  4. By using the Website, You consent to the collection and use of certain information about You, as specified in the Privacy Policy. MyBabyTales encourages users of the Website to frequently check MyBabyTales’ Privacy Policy for changes.

  5. CHANGES TO AGREEMENT AND PRIVACY POLICY
  6. Internet technology and the applicable laws, rules, and regulations change frequently. ACCORDINGLY, MYBABYTALES RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND ITS PRIVACY POLICY AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY THE POSTING OF A NEW VERSION OR A CHANGE NOTICE ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT AND THE PRIVACY POLICY PERIODICALLY. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES. Unless MyBabyTales obtains Your express consent, any revised Privacy Policy will apply only to information collected by MyBabyTales after such time as the revised Privacy Policy takes effect, and not to information collected under any earlier Privacy Policies. 

  7. ELIGIBILITY
  8. BY USING THE WEBSITE AND THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. This Agreement is void where prohibited.

  9. LICENSE
  10. Subject to Your compliance with the terms and conditions of this Agreement, MyBabyTales grants You a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to use the Website and Services. The Website, or any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of MyBabyTales. Except as expressly set forth herein, this Agreement grants You no rights in or to the intellectual property of MyBabyTales or any other party. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement.  In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate.

  11. USER INFORMATION; PASSWORD PROTECTION
  12. In connection with Your use of the Services, You are required to complete a registration form. You represent and warrant that all user information You provide on the registration form or otherwise in connection with Your use of the Website and Services, will be current, complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy by emailing MyBabyTales at update@mybabytales.com. For additional information, see the section concerning “User Ability to Access, Update, and Correct Personal Information” in MyBabyTales’ Privacy Policy.

    You may also be asked to provide a user name and password in connection with Your use of certain of the Services. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, user name, or password of any other user at any time. You agree to notify MyBabyTales immediately of any unauthorized use of Your account, user name, or password. MyBabyTales shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by MyBabyTales, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of Your account or password. You must also promptly notify MyBabyTales if any credit/debit card, PayPal, or other financial institution information that You have provided to us is lost, stolen or used without permission.     

  13. CONSENT TO RECEIVE EMAIL
  14. By registering with the Website, you thereby consent to receive periodic email communications regarding the Services, including activation emails. You may also receive periodic email communications regarding special offers and other promotions (collectively, “Special Offers”). You may opt-out of receiving Special Offers at any time by (a) following the unsubscribe instructions contained in each Special Offer; or (b) sending an email to unsubscribe@mybabytales.com.

  15. COMMUNICATIONS MADE TO 3rd PARTIES BY MEANS OF THE WEBSITE
  16. As part of the registration process, You may elect to share Your baby memories with up to two family members or friends by sending emails containing your audio recordings. If You elect to share Your baby memories, upon the recording of each new audio file, MyBabyTales will automatically send an email on Your behalf to the pre-selected recipient(s). Your name and email address will appear in the “From” line of such email, while the “Subject” line and body of the email message will explain the email’s contents. 

  17. MEMBERSHIP AND BILLING; NO REFUNDS
  18. By registering with the Website and electing a membership service plan, you expressly authorize MyBabyTales to charge You the then current monthly membership fee to the payment method you provide during registration (or to a different payment method if You change Your financial information). You will be billed the membership fee 30 days from the beginning of Your membership, and on each monthly renewal thereafter, unless and until You cancel Your membership. As part of registration, You may also elect to receive certain transcription services. If you elect a transaction plan, you will be billed the then current transcription fee to the payment method you provide during registration. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. MyBabyTales reserves the right, in MyBabyTale’s sole discretion, to change the fees and charges in effect, or to add new fees and charges, upon posting such changes on the Website or providing notice to You. Should You wish to use a different payment method, or if there is a change in Your financial information, You may change Your payment method by [insert method, e.g. by sending an email to ________]. Should you wish to cancel Your membership, please. email your cancellation request to unsubscribe@mybabytales.com

  19. THIRD-PARTY SERVICES
  20. Certain of the Services offered through the Website are provided, in whole or in part, by third parties (“Third-Party Services” as provided by “Third-Party Service Providers”). In order to use Third-Party Services, You may be required to enter into additional terms and conditions with Third-Party Service Providers. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THOSE ADDITIONAL TERMS AND CONDITIONS, YOU MUST NOT USE THE RELATED THIRD-PARTY SERVICES. In the event of any inconsistency between terms and conditions relating to Third-Party Services and the terms and conditions of this Agreement, those additional terms and conditions will control, although only with respect to such Third-Party Services. The providers of Third-Party Service Providers may collect and use certain information about you, as specified in the Third-Party Service Providers’ privacy policies. Prior to providing information to any Third-Party Service Provider, you should review their privacy policy. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE TERMS OF A THIRD-PARTY SERVICE PROVIDER’S PRIVACY POLICY, YOU MUST NOT USE THE RELATED THIRD-PARTY SERVICES.

  21. THIRD-PARTY WEBSITES
  22. The Website is linked with the websites of third parties (“Third-Party Websites”), some of whom may have established relationships with MyBabyTales and some of whom may not. MyBabyTales does not have control over the content and performance of Third-Party Websites. MYBABYTALES HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, MYBABYTALES DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. MYBABYTALES DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES.

    YOU AGREE THAT, WHEN LINKING TO OR OTHERWISE ACCESSING OR USING A THIRD-PARTY WEBSITE, YOU ARE RESPONSIBLE FOR: (I) TAKING PRECAUTIONS AS NECESSARY TO PROTECT YOU AND YOUR COMPUTER SYSTEMS FROM VIRUSES, WORMS, TROJAN HORSES, MALICIOUS CODE AND OTHER HARMFUL OR DESTRUCTIVE CONTENT; (II) ANY DOWNLOADING, USE OR PURCHASE OF MATERIAL THAT IS OBSCENE, INDECENT, OFFENSIVE, OR OTHERWISE OBJECTIONABLE OR UNLAWFUL, OR THAT CONTAINS TECHNICAL INACCURACIES, TYPOGRAPHICAL MISTAKES AND OTHER ERRORS; (III) ANY DOWNLOADING, USE OR PURCHASE OF MATERIAL THAT VIOLATES THE PRIVACY OR PUBLICITY RIGHTS, OR INFRINGES THE INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS OF THIRD PARTIES, OR THAT IS SUBJECT TO ADDITIONAL TERMS AND CONDITIONS, STATED OR UNSTATED; (IV) ALL FINANCIAL CHARGES OR OTHER LIABILITIES TO THIRD PARTIES RESULTING FROM TRANSACTIONS OR OTHER ACTIVITIES; AND (V) READING AND UNDERSTANDING ANY TERMS OF USE OR PRIVACY POLICIES THAT APPLY TO THOSE THIRD-PARTY WEBSITES.

  23. PROHIBITED USES
  24. MyBabyTales imposes certain restrictions on Your use of the Website and the Services. You represent and warrant that you will not: (a) provide false, misleading or inaccurate information to MyBabyTales; (b) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity;  (c) harvest or otherwise collect information about MyBabyTales’ users, including email addresses and phone numbers; (d) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites; (e) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (f) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization; (g) interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (h) use the Website or Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (i) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or (j) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by MyBabyTales in providing the Website or Services. Any violation of this section may subject You to civil and/or criminal liability.

  25. INTELLECTUAL PROPERTY
    1. Trademarks
    2. MY BABY TALES, MyBabyTales.com and the “MyBabyTales logo” (collectively, the “MyBabyTales Marks”) are trademarks or registered trademarks of MyBabyTales.com. Other trademarks, service marks, graphics, logos and domain names appearing on the Website may be the trademarks of third-parties. Neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to, or any license to reproduce or otherwise use, the MyBabyTales Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the MyBabyTales Marks generated as a result of Your use of the Website and Services will inure to the benefit of MyBabyTales.com, and You agree to assign, and hereby do assign, all such goodwill to MyBabyTales.com. You shall not at any time, nor shall You assist others to, challenge MyBabyTales.com’s right, title, or interest in or to, or the validity of, the MyBabyTales Marks.

    3. Copyrighted Materials; Copyright Notice
    4. All content and other materials available through the Website and Services, including without limitation the MyBabyTales logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by MyBabyTales.com or are the property of MyBabyTales’ Third-Party Service Providers, licensors and suppliers. Except as explicitly provided, neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to any such materials.  Copyright © 2009 to the present, MyBabyTale.com.  ALL RIGHTS RESERVED.  

  26. DISCLAIMERS; LIMITATION OF LIABILITY
    1. NO WARRANTIES. 
    2. MYBABYTALES, ON BEHALF OF ITSELF AND ITS THIRD PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYBABYTALES, ON BEHALF OF ITSELF AND ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NEITHER MYBABYTALES NOR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER MYBABYTALES NOR ITS THIRD PARTY SERVICE PROVIDERS, LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR SERVICES.

    3. OUR RESPONSIBILITY FOR DAMAGE; BACKUP OF DATA
    4. YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD MYBABYTALES OR ITS LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. 

      IMPORTANTLY, YOU HEREBY ACKNOWLEDGE THAT A CATASTROPHIC SERVER FAILURE OR OTHER EVENT COULD RESULT IN THE LOSS OF ALL OF THE DATA RELATED TO YOUR ACCOUNT. YOU AGREE AND UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO BACKUP YOUR DATA TO YOUR PERSONAL COMPUTER OR EXTERNAL STORAGE DEVICE AND TO ENSURE SUCH BACKUPS ARE SECURE.

    5. LIMITATION OF LIABILITY
    6. THE LIABILITY OF MYBABYTALES AND ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MYBABYTALES OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO MYBABYTALES OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF MYBABYTALES AND ITS LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE AGGREGATE PRICE YOU PAID TO MYBABYTALES DURING THE SIX MONTHS PRECEDING THE INCIDENT OR INCIDENTS GIVING RISE TO SUCH LIABILITY. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN MYBABYTALES AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

    7. APPLICATION
    8. THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND MYBABYTALES OR BETWEEN YOU AND ANY OF MYBABYTALES’ THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.  UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. MYBABYTALES’ THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.

  27. YOUR REPRESENTATIONS AND WARRANTIES
  28. You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other MyBabyTales policies, and with any applicable laws or regulations.

  29. INDEMNITY BY YOU
  30. Without limiting any indemnification provision of this Agreement, You agree to defend, indemnify and hold harmless MyBabyTales and its officers, directors, employees, agents, affiliates, representatives, sublicensees, successors, assigns and Third-Party Service Providers (collectively, the “Indemnified Parties”) from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, “Claims”), including but not limited to legal costs and fees, arising out of or relating to: (i) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (ii) Your access to or use of the Website or Services; (iii) Your provision to MyBabyTales or any of the Indemnified Parties of information or other data.

    The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.

  31. GOVERNING LAW; JURISDICTION AND VENUE
  32. This Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in Palo Alto, California and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles.  ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN ABOVE. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.

    1. Requirement of Arbitration.
    2. You agree that any dispute, of any nature whatsoever, between You and MyBabyTales arising out of or relating to the Website, Services, or this Agreement, shall be decided by neutral, binding arbitration before a representative of the JAMS in San Francisco, California unless You and MyBabyTales mutually agree to a different arbitrator, who shall render an award in accordance with the substantive laws of California and JAMS’ Streamlined Arbitration Rules & Procedures. A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgment. The arbitrator shall award costs (including, without limitation, the AAA fee and reasonable attorney’s fees) to the prevailing party.

    3. Remedies in Aid of Arbitration; Equitable Relief
    4. This agreement to arbitrate will not preclude You or MyBabyTales from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude You or MyBabyTales from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING “EQUITABLE RELIEF” WILL BE THE FEDERAL AND STATE COURTS LOCATED IN SAN FRANCISCO, CALIFORNIA; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.

  33. TERMINATION
  34. Either party may terminate this Agreement and its rights hereunder at any time, for any or no reason at all, by providing to the other party notice of its intention to do so. This Agreement shall automatically terminate in the event that You breach any of this Agreement’s representations, warranties or covenants.  Such termination shall be automatic, and shall not require any action by MyBabyTales, LLC. Upon termination, all rights and obligations created by this Agreement will terminate, except that Sections 1-3, 6, 9, 9-17, 19-20 will survive any termination of this Agreement.

  35. NOTICES
  36. All notices required or permitted to be given under this Agreement must be in writing. MyBabyTales shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to MyBabyTales. You agree that any notice received from MyBabyTales electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH MYBABYTALES IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY MYBABYTALES OF AN EMAIL TO THAT ADDRESS. You shall give any notice to MyBabyTales by means of: (1) fax at: 650-240-1872; or U.S. mail, postage prepaid, to 1945 Byron St. Palo Alto, CA 94301

  37. GENERAL
  38. This Agreement constitutes the entire agreement between MyBabyTales and You concerning Your use of the Website and Services. This Agreement may only be modified by a written amendment signed by an authorized executive of MyBabyTales or by the unilateral amendment of this Agreement by MyBabyTales and by the posting by MyBabyTales of such amended version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of MyBabyTales. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and MyBabyTales are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Except for the Indemnified Parties as and to the extent set forth in Section 12 and 16 and MyBabyTales’ licensors and suppliers as and to the extent expressly set forth in Section 14, there are no third-party beneficiaries to this Agreement. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third party rights by You would cause irreparable injury to MyBabyTales and MyBabyTales’ Third-Party Service Providers, licensors and suppliers, and would therefore entitle MyBabyTales or MyBabyTales’ Third-Party Service Providers, licensors or suppliers, as the case may be, to injunctive relief. The headings in this Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this Agreement.


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