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Mobile Terms Of Use

My Pregnancy Calendar by The Bump – Terms of Use
By installing or using this application, you agree to the terms of the agreement below.

TERMS OF USE
UPDATED ON DECEMBER 12th, 2012

PLEASE SCROLL DOWN AND READ THE TERMS OF USE BELOW
These Terms of Use govern your installation and/or use of My Pregnancy Calendar by The Bump application, and unless other terms and conditions expressly govern, any other electronic services from My Pregnancy Calendar by The Bump application that may be made available by The Bump, a division of XO Group Inc. or its affiliates (“The Bump”, “we”, “us” or “our”) from time to time (each, a “Service”).

By installing or using a Service, you agree to be bound by the terms and conditions contained in these Terms of Use and the Terms and Conditions set forth at www.apple.com/legal/itunes/us/terms.html#APPS, which are incorporated by reference herein. You hereby acknowledge that the Service is being provided by us and not by Apple Inc., and that Apple Inc. shall have no responsibility or liability with respect thereto.

We may change the terms of these Terms at any time by notifying you of the change in writing or electronically (including without limitation, by email or by posting a notice on the Service that the terms have been “updated”). The changes also will appear in this document, which you can access at any time by going to the Account section of a Service. You signify that you agree to be bound by such changes by using a Service after changes are made to these Terms.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

You may choose to submit certain personally identifiable information to us via the Service for various purposes. When submitting information to the Service, you agree to provide only true, accurate, current and complete information, and you accept all responsibility for all activities that occur under your information. See our Privacy Policy here for our policies relating to our collection and use of your information via the Service. The Privacy Policy is incorporated into these Terms by this reference. By registering or using any Service, you hereby agree to our collection and usage of your personal information and acknowledge that you have read and accept the above-referenced Privacy Policy.

PROPRIETARY RIGHTS

The information and materials on the Service (including, without limitation, content, text, data, graphics, logos, images, photographs, designs, software code and files) (the “Materials”) are provided by us and others, and may be protected by copyright, trademark, trade dress and other laws. You may only use the Materials for your informational and non-commercial purposes only. You may not use the Service or Materials for a purpose not expressly authorized in the Materials or these Terms of Use without our prior written permission. Ownership of the Materials and all proprietary rights in the Materials shall at all times remain, as between you and us, with us. We and our licensors reserve all rights not expressly granted to you herein. Without limiting the foregoing, the allowance and use of any social media posting, image-clipping or similar tool (including, without limitation, Pinterest’s pinmarklet) is at our sole discretion. Any such allowance does not constitute a license to use Materials other than for the limited purpose of uploading the applicable Materials to the applicable website, or to grant any rights to the Materials (including without limitation, under any applicable terms of service), and any licenses or grants to use the Materials by such websites may only be made by us.

TRADEMARKS

All trademarks, service marks, trade names, logos, and other designations (collectively the “Marks”) are the sole property of The Bump or its licensors. Nothing contained on the Service should be interpreted as granting any right or license to use any such Marks without the prior written permission of The Bump or the respective owner(s) of the Marks displayed.

SUBMITTED MATERIALS

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Service, by e-mail or in any other way. Any information, creative works, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted, uploaded, posted or otherwise sent to us via any method (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with these Terms of Use and the above-referenced Privacy Policy. By submitting, posting or sending Submitted Materials to us or the Service, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Materials that you provide to us, and we may delete or destroy any such Submitted Materials at any time.

PUBLIC FORUMS

The Service includes features that allow users to interact and communicate with each other and/or with the general public (such as commenting features and other similar forums, areas and services) (collectively, the “Forums”). All of the terms and conditions set forth in these Terms of Use (and any other supplementary terms and conditions that may be made available in connection with the Forums), are applicable to your use of the Forums. It is important to remember that content submitted to a Forum may be recorded and stored in multiple places, both on the Service and elsewhere on the Internet, and you may have no control over who will access or view them eventually. Therefore, you should be careful and selective about the information and content that you choose to disclose in such Forums and on the Service in general about yourself and others, and in particular, you should not disclose any sensitive, proprietary or confidential information or content in your submissions to the Forums.

RIGHT TO MONITOR AND EDITORIAL CONTROL

We reserve the right (but do not have nor assume any obligation) to monitor and/or review all information and materials submitted to the Service (including, without limitation, any Forums). We are not responsible for any such materials. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request (subject to the above-referenced Privacy Policy) or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion, are objectionable or in violation of these Terms of Use, any of our policies or applicable law.

PROHIBITED USER CONDUCT

You agree that, while using the Service, the Materials and/or the various services and features offered on or through the Service (including, without limitation, the Forums), you shall not:
(a)impersonate any person or entity or misrepresent your affiliation with any other person or entity;
(b)obtain or attempt to gain unauthorized access to other computer systems, Materials, information or any services made available on or through the Service through any means, or obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Service;
(c)engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Service or for any services available on the Service, or obtaining lists of users or obtaining or accessing other information or features on the Service, including, without limitation, any information residing on any server or database connected to the Service;
(d)use the Service, the Materials or the services on the Service in any manner that could damage, disable, overburden, or impair the Service or such services, or interfere with another party’s use and enjoyment thereof, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
(e)use the Service, the Materials or the Service’s services or features in violation of our or any third party’s intellectual property or other proprietary or legal rights;
(f)use the Service, the Materials or the Service’s services or features in violation of any applicable law;
(g)attempt (or encourage or support any one else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Service, any Materials or the Service’s services, or make any unauthorized use thereof;
(h)upload, post, transmit, distribute or otherwise publish to, on or through the Service, any information, content or materials which are false, fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, incendiary, pornographic, profane, sexually explicit or indecent, including without limitation, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
(i)use the Service or the Materials to, or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
(j)upload, post, publish, distribute or otherwise transmit any information or material which constitutes, contains or disseminates a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind;
(k)use, redistribute, republish or exploit any part of the Service or any Materials for any commercial or promotional purposes, or contact any other user of the Service for commercial or promotional purposes, or offer to buy or sell any product or service on or through your activities on the Service; or
(l)alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or repurpose any of the Materials (or attempt to do any of the foregoing), including, without limitation, any trademarks, trade names, logos, service marks, promotional taglines, or any other proprietary content or proprietary rights notices included therein or thereon.

INDEMNIFICATION

You agree to defend, indemnify and hold us and our directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from (i) your use of the Service or the Materials, (ii) your Submitted Materials, in whole or in part, or (iii) your breach or violation of any applicable law or these Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with any such defense.

LINKS TO WEBSITE OR SERVICES

The Service may contain links (including, for example, in the form of hyperlinks, logos, banners and widgets) to, or be linked from, other websites or online or mobile services or applications. We are not responsible for and do not accept responsibility for or make any representations regarding such other websites, services or applications, the contents of those websites, services or applications, or their privacy policies, and you acknowledge that any such links do not necessarily constitute an endorsement, approval or sponsorship thereof by us. All rules, policies (including terms of use and privacy policies) and operating procedures of such other websites, services or applications (including without limitation any social media sites, such as Facebook, Twitter, Wordpress and Pinterest) will apply to you while on those other websites.

DISCLAIMER OF WARRANTIES

THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FORUMS, CONTENT, FUNCTIONS, DOWNLOADS AND MATERIALS, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE BUMP HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. THE BUMP DOES NOT WARRANT THAT THE SERVICE, THE SERVICES, THE FORUMS OR THE SERVICE MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL. THE BUMP MAKES NO WARRANTY THAT THE SERVICE, IN WHOLE OR IN PART, WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE BUMP, OR FROM OR THROUGH THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE BUMP ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SERVICE OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SERVICE. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU SHOULD DISCONTINUE USING THE SERVICE. THE BUMP DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SERVICE MATERIALS OR ANY SUBMITTED MATERIALS, OR ANY OPINION, RECOMMENDATION, OFFER, INFORMATION, CONTENT, LINK, DATA OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND THE BUMP EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH ANY SUBMITTED MATERIALS AND ANY OTHER CONTENT, MATERIALS, OFFERS OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICE CREATED OR PROVIDED BY USERS OR OTHER THIRD PARTIES. USE OF THE SERVICE, CREATION OF AN ACCOUNT OR THE SUBMISSION OF ANY SUBMITTED MATERIALS DOES NOT GUARANTEE ACCEPTANCE OR USE THEREOF.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, THE BUMP AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SERVICE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SERVICE OR IN CORRESPONDENCE WITH THE BUMP OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SERVICE ARE PROVIDED BY US (OR OUR LICENSORS OR THIRD PARTY PROVIDERS OR SUPPLIERS) “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND THE BUMP OR ITS LICENSOR OR SUPPLIER.

LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE BUMP, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR THE CONTENT, MATERIALS AND FUNCTIONS OF OR RELATED THERETO, YOUR PROVISION OF INFORMATION OR CONTENT VIA THE SERVICE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE RESPONSIBLE OR LIABLE FOR OR IN CONNECTION WITH ANY DISPUTE OR OTHER ISSUE BETWEEN OR AMONGST USERS OF THE SERVICE, OR IN CONNECTION WITH ANY INFORMATION, CONTENT OR MATERIALS POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SERVICE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICE EXCEED TEN DOLLARS ($10). ALL USERS OF THE SERVICE UNDERSTAND AND AGREE THAT (I) THE MUTUAL AGREEMENTS MADE IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK, AND (II) THE PARTIES HERETO WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE WITHOUT THESE LIMITATIONS ON LIABILITY.

TERMINATION

We reserve the right any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any portion thereof) with or without notice. We may terminate, change, suspend or discontinue any aspect of the Service at any time. We may restrict, suspend or terminate your access to the Service, to any Materials and/or its services (including, without limitation, any Forum) if we believe you are in breach of these Terms of Use or applicable law, or for any other reason without notice or liability. We maintain a policy that provides for the termination in appropriate circumstances of the Service’s use privileges of users who are repeat infringers of intellectual property rights.

JURISDICTIONAL ISSUES; MISCELLANEOUS

The Service is intended for users who are located in the United States of America. We do not represent that materials on the Service are appropriate or available for use in other locations. Persons who choose to access the Service from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without regard to such state’s rules regarding conflicts of laws. By accessing the Service, you agree that courts located in New York shall have exclusive jurisdiction over all claims and actions arising out of or relating to these Terms of Use and/or your use of the Service, and you further agree and submit to the exercise of personal jurisdiction of such courts and consent to extra-territorial service of process for the purpose of litigating any such claim or action. These Terms of Use constitute the entire agreement between you and The Bump with respect to the Service and supersede all prior communications and proposals between you and The Bump with respect to the Service. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

COPYRIGHT

We respect the intellectual property rights of others, and require that the people who use the Service do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (the “DMCA”), named below: - Your address, telephone number, and email address;

  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Copyright Agent:
General Counsel
XO Group Inc.
195 Broadway, Floor 25
New York, New York 10007
phone: (212) 219-8555
fax: (877) 329-8060
Email: [email protected]

Last Updated: October 6th, 2012