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Terms of Use and Privacy Policy

 

BABYSHRINK TERMS OF USE

Last Updated: December 1, 2023

 

1A. THESE TERMS OF USE (“TERMS OF USE”) ARE A LEGAL CONTRACT BETWEEN YOU AND BABYSHRINK. The BabyShrink website provides users with access to Available Content including articles, videos, workshops, podcasts, newsletters and other paid and no-cost content regarding a wide spectrum of parenting, child development, family, self-care, and partnership topics, as well as Parent Coaching services, and it allows subscribers to connect and share with one another on the BabyShrink platform regarding such topics. The terms “BabyShrink,” “we,” “us,” and “our” refer to BabyShrink, LLC (dba BabyShrink). The terms “you” and “your” refer to any person or business accessing and/or using the Site, including accessing or subscribing to Available Content (as such terms are defined above). We provide the Site to you expressly subject to these Terms of Use, together with our Privacy Policy and our Community Guidelines. “Terms” means these Terms of Use and our Community Guidelines. By clicking the checkbox to indicate your assent, you hereby signify that you agree to the Terms. If you do not or are unable to agree to these Terms, do not use this Site.

 

NOTE: PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE (Section 16) AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.  THE AGREEMENT TO ARBITRATE REQUIRES THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND, FURTHER, THAT: (1) YOU WILL BE PERMITTED TO PURSUE CLAIMS AGAINST BabyShrink ONLY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY ON AN INDIVIDUAL BASIS, AND (3) YOU ARE WAIVING YOUR RIGHT TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

 

The Available Content on this Site is for informational purposes only.  As described further in Section 1B, 1C, 1D, and 1E  below, BabyShrink is not engaged in rendering therapy services by providing the Site, and your use of the Site including its Coaching Services does not create any therapist-patient or other treatment relationship between you and BabyShrink or any of its representatives.  

 

We may modify these Terms from time to time. By continuing to use the Site after any changes come into effect, you agree to the revised Terms; if you do not agree with any of the revised Terms, you must stop using the Site. 

 

1B. NOT PROFESSIONAL ADVICE; NO PROFESSIONAL RELATIONSHIP CREATED. Although this Site may provide information related to mental health, child development, parenting, clinical psychology, and other educational and medical issues, such information is not intended to constitute or be a substitute for advice from a qualified healthcare provider. BabyShrink is not engaged in rendering mental health advice, clinical psychology advice, therapy or other medical advice or services by providing the Site, and your use of the Site including its Coaching Services does not create any therapist-patient or other treatment relationship between you and BabyShrink or any of its representatives (including, but not limited, BabyShrink’s principal, Dr. Heather Wittenberg). BabyShrink assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the Available Content or other information or material on this Site or its Coaching Services. Reliance on any information provided by BabyShrink, BabyShrink representatives or others contributing to the Site at the invitation of BabyShrink, or subscribers to the Site, is solely at your own risk. Always seek the advice of your qualified healthcare professionals with any questions you may have regarding a medical condition. Never disregard professional advice or delay in seeking it because of something you have read on this Site.

 

1C. Any content on this website or provided as a result of your decision to opt-in to our email list or Coaching Service has been created solely for the purpose of education and for informational purposes only, and is not intended as personalized advice. Should you elect to act on the information you read, or purchase a product, membership, or service from us, you acknowledge and understand you are making an independent decision that the information is right for you. By visiting this Website, you agree and understand that this content is made available to you as a self-help tool only. Nothing on this website or distributed via email is intended to take the place of a consultation with a licensed therapist, physician, dietician, nutritionist, counselor, or

medical professional of any kind.

 

1D. We encourage you to consult your physician and/or a licensed therapist if you suspect

you may benefit from such services. We will assume that all individuals choosing to

consume or implement any information found on Website will have previously obtained

clearance and permission from their applicable personal medical physician or therapist, and

has concluded that coaching information may be useful or right for them. We also

encourage you to use common sense in determining whether any such content is right for

you or your child, and trust that you will discuss with a personal medical professional prior

to following any such information. Nothing contained on Website or its Coaching Service is intended to diagnose, cure, treat, or prevent any medical condition or disease, nor is it to be considered medical advice in any capacity.

 

1E. MEDICAL DISCLAIMER – NOT MEDICAL OR PROFESSIONAL ADVICE

a. By choosing to visit this site and read the information provided, you understand and

agree that you are voluntarily choosing to read, implement and/or participate in the use of

Website and any information contained herein, and its Coaching Service, and are solely responsible for any outcomes or results (positive or negative.) We cannot be responsible for any action you may choose to take regarding the information provided, and you acknowledge and agree that we are not responsible nor liable to you should you sustain any injuries or negative ramifications. The information contained on Website is intended as general information only; we cannot know

your individual medical or physical state, and do not claim to know what may or may not

work for you. As such, you agree that you are fully responsible for your health and well-

being, and any decisions you make to implement or follow anything you find on Website or its Coaching Service..

b. The purpose of Website and the content herein is designed to provide you with useful

information, and to support and assist you in reaching the goals you desire. However,

individual success depends on your own mental and emotional state, as well as your

dedication, effort, and commitment. While we make every effort to help our readers, we cannot

predict results, nor are we able to know your personal situation; therefore, we cannot guarantee

that you will attain certain results. You agree and understand that we do not make any

guarantees regarding any specific results from using information found on Website, and

that any success will come in large part to your own personal situation and dedication.

c. Earnings Disclaimer: We also do not make any guarantees or assurances regarding a

particular financial outcome based on use of Website, nor are we responsible for Your

earnings, any increase or decrease in your finances based upon information you interpreted

from Website. Any information or testimonials contained herein that contain financial

information are individual results that may vary. The decision to use or implement any

information contained on Website or its Coaching Service is solely your own, and you agree we are not responsible for any financial outcomes.

d. You understand and agree that your participation in using our website and/or adding

yourself to our email list is wholly voluntary, and you are solely and personally responsible

for your actions, choices, and any results therein. You understand there are sometimes

unknown risks and circumstances that may arise during or following use of our Website or

services, that cannot be foreseen or anticipated, but may influence or affect your business

or you as an individual. You understand and agree that any suggestion or recommendation

of a product, service, coach, or otherwise through our Website is purely information – any

decision to act upon these suggestions is to be taken by you, at your own risk, without any

liability on the part of BabyShrink, LLC. You agree to accept all risks herein.

 

2. YOUR ACCOUNT. The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, are not barred from using the Site under applicable laws or by BabyShrink, and are at least 18 years old. By using this Site, you represent that you meet all of these eligibility requirements. In order to access and use Available Content, materials and services offered on and through the Site, you must register for an account. When you register for an account, you must provide us with some basic information, including your first name and last name, an email address, payment card information, user ID and a password or other authentication credentials. You will also have the ability to provide additional optional information in response to questions in connection with onboarding. Please keep your email address and other account information current and accurate. Also, you agree to maintain the security and confidentiality of your password. You are solely responsible for anything that happens if you fail to maintain the security and confidentiality of your account. If someone is using your password or accessing your account without your permission, email us at support@babyshrink.com.

 

3. YOUR PRIVACY. BabyShrink collects registration and other information about you through the Site. Please refer to our Privacy Policy for details on how we collect, use, and disclose this information.

 

4. PROHIBITED ACTIVITIES. You agree that you will not (directly or indirectly) use the Site to advertise or disseminate advertisements regarding any offered products or services, or the need for any products or services, regardless of whether you are doing so on a professional or personal basis. For the avoidance of doubt, this prohibition includes (but is no way limited to) advertisements and disseminations of advertisements regarding the offer, purchase, sale, sharing, and/or availability of baby or children’s items, nanny services, babysitting services, and other similar products and services. Additionally, you agree that you will not (directly or indirectly) use the Site: (i) to advertise or disseminate advertisements regarding any other types of promotional materials, ‘pyramid schemes’, ‘junk mail’, and ‘chain letters’; (ii) to advertise or disseminate advertisements of a political nature, including, but not limited to, disseminating information on political rallies, marches, protests, and/or other political events; (iii) for any unlawful purpose or for any purpose that would give rise to civil liability; (iv) to solicit others to perform or participate in any unlawful acts; (v) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (vi) to submit false or misleading information, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any content transmitted to or via the Site; (vii) to upload or transmit viruses or any other type of malicious code that may be used in any way to affect the functionality or operation of the Site; (viii) other than for your use of the Site as expressly permitted in these Terms, to access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way; (ix) or to spam, phish, pharm, pretext, spider, crawl, data-mine, or scrape; (x) to interfere with or circumvent the security features of the Site; (xi) to damage, disable, overburden, or impair BabyShrink’s servers or networks; (xii) to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (xiii) to use language, images, or other content that BabyShrink in its sole discretion deems insensitive, offensive, obscene, sexually explicit, or otherwise inappropriate or inconsistent with BabyShrink’s brand; or its community guidelines; or (xiv) to post anything that exploits children or that depicts cruelty to animals. For additional information on acceptable and unacceptable Site activities, please see our Community Guidelines.

 

4A. No Competition. You shall not access or use the Content in order to build a similar

or competitive website, product, or service.

 

4B. For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are a resident.

 

4C.  United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the

United States government embargo, or that has been designated by the United States

government as a “terrorist supporting” country, and (ii) You are not listed on any United

States government list of prohibited or restricted parties.

 

4D. Translation Interpretation

These Terms and Conditions may have been translated if We have made them available

to you on our Service. You agree that the original English text shall prevail in the case

of a dispute.

 

4E. Export Laws.

The Services may be subject to U.S. export control laws and regulations. You agree to

abide by these laws and their regulations (including, without limitation, the Export

Administration Act and the Arms Export Control Act) and not to transfer, by electronic

transmission or otherwise, any materials from the Services to either a foreign national or

a foreign destination in violation of such laws or regulations.


 

5. USER CONTENT, LIVE EVENTS AND CONDUCT OF OTHERS.

 

At BabyShrink, we value community. Within any community two things are true: Disagreements are natural and respect is required.  By using our Site or purchasing and attending live event workshops you agree to conduct yourself as a productive and respectful member of the conversation.

 

When we become aware of inappropriate User Content (as defined in Section 6 below) on the Site or conduct at one of our live events, we reserve the right to investigate and take appropriate action, which may include temporary or permanent suspension from our Site or, in the case of a live event, removal of any participant whose comments or behavior are deemed to be inappropriate or disruptive.

 

Notwithstanding any of the foregoing, BabyShrink does not control the User Content or conduct of other members. We are not required to monitor, police, or remove any User Content or conduct, and we assume no liability for any such User Content or conduct.  Additionally, we are not a party to any communications or arrangements made among members through the Site. We do not conduct or require background checks on members, and we do not attempt to verify the truth or accuracy of statements made by members. We make no representations or warranties concerning the conduct or User Content of any members or their interactions with you.

 

6. YOUR USER CONTENT.

 

You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site (“User Content”) and through the services available in connection with this Site.  You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you.  You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any User Content that you make.  You have full responsibility for any and all User Content you make, including its legality, reliability and appropriateness.

 

You agree that any User Content provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis.  You hereby grant to BabyShrink a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your User Content, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the User Content.  We may modify or adapt your User Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. We do first make efforts to obtain permission from each contributor to BabyShrink,

 

7. SITE USE RESTRICTIONS AND INTELLECTUAL PROPERTY.

 

(a) As used in these Terms, “Site” means: (i) the websites www.babyshrink.com, and any future affiliated website(s), including all webpages on such websites; and (ii) the workshops, courses, articles, lessons, podcast episodes, videos, audio files, scripts, newsletters, articles, documents, photos, Coaching Services, and other content made available to you, on a paid or non-paid basis, for your informational and instructional use (collectively, the “Available Content”); and (iii) any current or future public forum(s) hosted on, or as part of, the Site.

 

(b) All Available Content and other aspects of the Site are protected by copyright and owned, controlled, or licensed by BabyShrink. You may not: (i) sell, rent, lease, copy, reproduce, hyperlink, frame, republish, upload, post, modify, transmit, translate, encode, publicly display, or distribute in any way via any medium any Available Content or any other part of the Site without BabyShrink’s express prior written consent; (ii) remove any proprietary notices or labels on the Available Content; (iii) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other content protection system used on or as part of the Site; or (iv) use the Site for any commercial or illegal purpose.

 

(c) Some Available Content is in “streaming” format, which means that it is made available to you as a contemporaneous digital transmission via the Internet from the Site to your device for personal viewing in real-time. Except as expressly set forth below, you may not download any Available Content or any other part of the Site without BabyShrink’s express prior written consent: Certain Available Content may specifically indicate that downloading is permitted. In such cases, you may download one copy of such Available Content on any single device for your personal, non-commercial use only, so long as you keep intact all copyright and other proprietary notices.

 

(d) The Available Content and all other aspects of the Site, including any and all trademarks, logos, text, images, graphics, music, data, software, source code, and other information available through or as a part of the Site, and including the design, structure, selection, coordination, expression, “look and feel”, and arrangement of the Site, are the sole property of BabyShrink and/or its licensors, are protected by copyright, trademark, and other intellectual property laws, and may not be used except in accordance with these Terms or with BabyShrink’s express written consent. Subject to your compliance with these Terms, BabyShrink grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable right to use the Site in order to access and use Available Content, in every case solely for your personal, non-commercial purposes. Other than as necessary for your use of the Site in accordance with these Terms, BabyShrink grants you no other privileges, licenses, or rights in and/or to the Site, and you must keep intact all patent, copyright, trademark, and other proprietary notices on the Site.

 

(e) You acknowledge and agree that any breach of any provision of this Section 7 would result in irreparable harm to BabyShrink, for which money damages alone would be an inadequate remedy, and, therefore, you agree that BabyShrink is entitled to injunctive relief to prevent or restrain any breach or threatened breach of this Section 7, in addition to any other remedies available at law or in equity.

 

8. AVAILABILITY AND STREAMING QUALITY OF AVAILABLE CONTENT. BabyShrink regularly updates the Available Content on the Site. Additionally, BabyShrink may test certain Available Content or Site features by making them available to you for limited periods of time. In all cases, BabyShrink reserves the right to make changes to, or remove from the Site, any or all Available Content at any time without notice and without liability to you or third parties. The playback resolution and quality of the Available Content depends on a number of factors. BabyShrink makes no guarantee as to the resolution or quality of the Available Content you will receive when streaming or during Coaching calls or contacts, even if you have paid for access to such Available Content.

 

9. PAID CONTENT AND SUBSCRIPTION SERVICES. BabyShrink offers semi-annual and annual subscription access to fee-based Available Content for a fee payable in advance on a semi-annual basis or on an annual basis.  In addition, members may have the ability to purchase additional sessions or services for additional fees and such additional sessions or services may be subject to additional terms that must be agreed upon in order to access the additional session or services. Except as expressly set forth herein, all fees are non-refundable once paid. All fees are in U.S. dollars. Any promotional or “trial basis” discounts offered are temporary and will terminate at the end of the applicable promotional period, but may be terminated earlier in BabyShrink’s sole discretion. You agree to pay the applicable semi-annual or annual subscription fee in exchange for access to the relevant Available Content. The fee we will initially charge you for your subscription will be the price posted on the Site on the date that you register as a member. You may pay for your subscription fee only with credit and debit card payments, or digital payments as specified on the payments page.  We will charge you for your first subscription fee on the date that we process your order for your subscription (or if you sign-up for a subscription using a Gift Card or for a subscription that includes a free-trial period, we will charge your credit or debit card for your first subscription fee upon the expiration date of the applicable Gift Card period or free-trial period). Once you are charged the first subscription fee (or if you sign-up for a subscription using a Gift Card or a subscription that includes a free-trial period, once we have processed your order for your subscription), you will receive a confirmation e-mail notifying you of your ability to access those subscription- or member-only portions of, and fee-based Available Content on, the Site.

 

IMPORTANT NOTICE: BabyShrink WILL AUTOMATICALLY RENEW YOUR MEMBERSHIP ON EACH SEMI-ANNUAL OR YEARLY (AS APPLICABLE) ANNIVERSARY OF THE DATE THAT BabyShrink FIRST CHARGES YOUR CREDIT OR DEBIT CARD FOR THE FIRST SUBSCRIPTION FEE AND, AS AUTHORIZED BY YOU DURING THE MEMBERSHIP SIGN-UP PROCESS, BabyShrink WILL CHARGE YOUR CREDIT OR DEBIT CARD WITH THE APPLICABLE semi-annual OR YEARLY (AS APPLICABLE) SUBSCRIPTION FEE AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR SUBSCRIPTION FEE PAYMENT (UNLESS YOU CANCEL PRIOR TO THE ANNIVERSARY DATE). IF YOU SIGN UP FOR A SUBSCRIPTION VIA A GIFT CARD OR A SUBSCRIPTION THAT INCLUDES A FREE-TRIAL PERIOD, UNLESS YOU HAVE CANCELLED YOUR SUBSCRIPTION PRIOR TO THE EXPIRATION OF THE GIFT CARD PERIOD OR FREE-TRIAL PERIOD, AS AUTHORIZED BY YOU DURING THE MEMBERSHIP SIGN-UP PROCESS, BabyShrink WILL AUTOMATICALLY CHARGE YOU FOR THE FIRST semi-annual OR YEARLY (AS APPLICABLE) SUBSCRIPTION FEE UPON THE EXPIRATION OF THE GIFT CARD PERIOD OR THE FREE-TRIAL PERIOD (AS APPLICABLE) AND EACH SUBSEQUENT semi-annual OR YEARLY (AS APPLICABLE) SUBSCRIPTION FEE ON THE semi-annual OR YEARLY (AS APPLICABLE) ANNIVERSARY OF THE DATE OF THE FIRST BILLING. EACH SUBSCRIPTION RENEWAL PERIOD IS FOR ONE QUARTER OR ONE YEAR.  YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME THROUGH YOUR ACCOUNT SETTINGS OR BY CONTACTING BabyShrink AT SUPPORT@BABYSHRINK.COM (ATTN: LEGAL) PROVIDED THAT ANY SUBSCRIPTION FEES CHARGED PRIOR TO THE EFFECTIVE DATE OF CANCELLATION WILL NOT BE REFUNDED, IN WHOLE OR IN PART.  YOU WILL NOT BE ELIGIBLE FOR A PRO-RATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEES PAID FOR ANY UNUSED DAYS OF THE THEN-CURRENT semi-annual OR YEARLY (AS APPLICABLE) SUBSCRIPTION TERM.  BabyShrink REQUIRES A REASONABLE AMOUNT OF TIME TO PROCESS YOUR SUBSCRIPTION CANCELLATION REQUEST.  IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL ENJOY YOUR MEMBERSHIP BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT semi-annual OR YEARLY (AS APPLICABLE) SUBSCRIPTION TERM FOR WHICH YOU HAVE PAID, AND YOUR MEMBERSHIP BENEFITS WILL EXPIRE AT THE END OF THE THEN-CURRENT semi-annual OR YEARLY (AS APPLICABLE) SUBSCRIPTION TERM.

 

AUTOMATIC RENEWAL TERMS:  To facilitate continuity of service to you, each Gift Card membership or free-trial membership that becomes a paid membership subscription, and each paid membership subscription, contains automatic renewal terms.  You agree that you will be charged the fee you agreed to (depending on your particular subscription agreement) for the length of time you agreed to, and that your subscription will automatically renew on those same terms until you cancel at any time by emailing support@babyshrink.com (Attn: Legal), or through your Account Settings page, and you have read and agree to our Terms of Use and Privacy Policy. You represent and warrant that you are authorized to use the payment method designated, and you authorize BabyShrink and our designated third-party payment processors to charge your designated payment card now and upon each renewal for the total amount of any fees you owe to BabyShrink, including any applicable taxes and other charges. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your access to the Available Content may be terminated. For subscription services, unless you submit a nonrenewal notice through the Site prior to the end of the then-current subscription term, your subscription will automatically renew. Applicable fees for such renewals will be at BabyShrink’s then-current rates. If your subscription is not renewed, a cancellation will be effective on the next renewal date of your subscription following your notice of cancellation and your access to the fee-based Available Content will terminate at the end of your then-current subscription term. BabyShrink reserves the right, in its sole and absolute discretion, to change its subscription plans or adjust its access fees or subscription fees at any time (but not the price in effect for your then-current subscription term). Any such changes will take effect following notice to you.

 

CANCELLATION TERMS:  YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY GOING TO YOUR ACCOUNT SETTINGS PAGE OR EMAIL SUPPORT@BABYSHRINK.COM (ATTN: LEGAL) FOR ASSISTANCE, EXCEPT THAT YOU WILL BE CHARGED SUBSCRIPTION FEES UNTIL THE EXPIRATION OF YOUR THEN-CURRENT SUBSCRIPTION TERM AND SUBSCRIPTION FEES WILL NOT BE REFUNDED, IN WHOLE OR IN PART, SUBJECT TO APPLICABLE LAW.  YOU WILL NOT BE ELIGIBLE FOR A PRO-RATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEES PAID FOR ANY UNUSED DAYS OF THE THEN-CURRENT SUBSCRIPTION TERM. BabyShrink REQUIRES A REASONABLE AMOUNT OF TIME TO PROCESS YOUR SUBSCRIPTION CANCELLATION REQUEST. IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL ENJOY YOUR MEMBERSHIP BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT SUBSCRIPTION TERM FOR WHICH YOU HAVE PAID, AND YOUR MEMBERSHIP BENEFITS WILL EXPIRE AT THE END OF THE THEN-CURRENT SUBSCRIPTION TERM.

 

REFUNDS.  BabyShrink is confident that a BabyShrink membership subscription will provide you with helpful resources and community.  However, if you do not find the tools and support you need, email us at support@babyshrink.com and let us know. If you email us within the first 30 days of initiation of your subscription stating that you want to discontinue your membership and we are unable to resolve your concern, we will offer you a full refund. Please allow approximately 3-5 business days for your refund to be processed and the refund will be applied to the payment card used to purchase the subscription.  Your membership benefits will expire upon the processing of your refund.

 

10. GIFT CARDS. By purchasing, accepting or using a BabyShrink gift card in physical or digital form (“Gift Card”), and in consideration for your right to use such Gift Card, you agree to be bound by these Terms of Use. All BabyShrink Gift Cards expire on the date that is 1 year after issuance of such Gift Card. Gift Cards are not redeemable or refundable for cash or credit, unless required by law. Gift Cards may be redeemed only for 1 year or 1 quarter BabyShrink memberships. You must have a BabyShrink online account to redeem a Gift Card, and for automatic subscription renewal purposes, you will be required to enter credit card or debit card information to open a BabyShrink account. BabyShrink Gift Card memberships are subject to automatic renewal in accordance with the terms set forth in the Automatic Renewal section above. WITHOUT LIMITING THE TERMS, WHICH YOU SHOULD REVIEW IN FULL, UNLESS YOU HAVE CANCELED YOUR SUBSCRIPTION PRIOR TO THE EXPIRATION OF THE GIFT CARD PERIOD, AS AUTHORIZED BY YOU DURING THE MEMBERSHIP ACCOUNT SIGN-UP PROCESS, BabyShrink WILL AUTOMATICALLY CHARGE YOU FOR THE FIRST semi-annual OR YEARLY (AS APPLICABLE) SUBSCRIPTION FEE UPON THE EXPIRATION OF THE GIFT CARD PERIOD AND EACH SUBSEQUENT semi-annual OR YEARLY (AS APPLICABLE) SUBSCRIPTION FEE ON THE semi-annual OR YEARLY (AS APPLICABLE) ANNIVERSARY OF THE DATE OF THE FIRST BILLING. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME THROUGH YOUR ACCOUNT SETTINGS OR BY CONTACTING BabyShrink AT SUPPORT@BABYSHRINK.COM (ATTN: LEGAL) PROVIDED THAT ANY SUBSCRIPTION FEES CHARGED PRIOR TO THE EFFECTIVE DATE OF CANCELLATION WILL NOT BE REFUNDED, IN WHOLE OR IN PART.

 

11. THIRD-PARTY LINKS; AFFILIATE ADVERTISING. The Site contains links to websites, tools, and resources operated by parties other than BabyShrink. While such links are provided as a convenience to you, some of the websites we link to may be operated by third parties that pay BabyShrink fees when you purchase their products after clicking on a link from our Site. Participating in affiliate advertising makes it possible for BabyShrink to continue providing you with relevant and valuable Available Content. Notwithstanding the foregoing, BabyShrink does not control such third-party websites, tools, or resources, and WE ARE NOT RESPONSIBLE FOR THE CONTENT, PRODUCTS, SERVICES, OR INFORMATION OFFERED BY ANY SUCH THIRD PARTIES. Neither the inclusion on the Site of links to such third-party websites nor our participation in affiliate marketing programs with such third parties shall be construed as BabyShrink’s endorsement of any such third-party content, products, or services. IF YOU ACCESS OR USE ANY THIRD-PARTY RESOURCES, YOU DO SO ENTIRELY AT YOUR OWN RISK, AND WE SHALL HAVE NO LIABILITY WHATSOEVER ARISING FROM OR RELATING TO YOUR ACCESS OR USE OF SUCH THIRD-PARTY RESOURCES. Additionally, note that you will be subject to the terms and conditions and the privacy policies imposed by such third parties. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

 

12. UNSOLICITED INFORMATION. From time to time, you may send us unsolicited information or materials, including, without limitation, ideas or suggestions related to new or improved services, enhancements, names, technologies, advertising and marketing campaigns, plans, or promotions (collectively, “Unsolicited Information”). Notwithstanding the foregoing, BabyShrink does not want to receive confidential or proprietary information from you, and you agree never to send to BabyShrink any User Content that would violate or infringe any copyrights, trademarks, or any other intellectual property rights or other rights of third parties, including, without limitation, the rights of publicity or privacy. By sending BabyShrink any Unsolicited Information you grant to BabyShrink, its affiliates and subsidiaries, an unrestricted, irrevocable, perpetual, worldwide license to use, reproduce, display, perform, modify, transmit and distribute such Unsolicited Information, and you also agree that BabyShrink is free to use any ideas, concepts, know-how or techniques that you send to it for any purpose, without attribution or compensation to you of any kind. BabyShrink has no obligation to review any Unsolicited Information. These provisions do not govern BabyShrink’s obligations with respect to your personal information, which obligations are set forth in BabyShrink’s Privacy Policy.

 

13. INTELLECTUAL PROPERTY INFRINGEMENT.

 

BabyShrink respects the intellectual property rights of others, and we ask you to do the same.  BabyShrink may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others.  If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide BabyShrink’s designated agent the following information:

 

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit BabyShrink to locate the material.

Information reasonably sufficient to permit BabyShrink to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

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 and/or trademark owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

BabyShrink’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:

 

Attn: Dr. Heather Wittenberg, CEO and Founder, DMCA Agent

 

CC: Support@babyshrink.com

 

Email: DrHeathert@BabyShrink.com

 

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

 

Submitting a DMCA Counter-Notification

 

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to BabyShrink’s designated agent that includes all of the following information:

 

Your physical or electronic signature;

Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which BabyShrink may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

 

Termination of Repeat Infringers

 

BabyShrink reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject of repeated DMCA or other infringement notifications.   

 

14. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, SERVICES, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE IS PROVIDED TO YOU ‘AS IS’ AND ‘AS AVAILABLE’, WITHOUT ANY REPRESENTATIONS, GUARANTEES OR WARRANTIES OF ANY KIND, EITHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT, OR RELATING TO THE QUALITY, SUITABILITY, OPERABILTY, CONDITION, TRUTH, ACCURACY, ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE SHALL BabyShrink BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOSS OF DATA, OTHER ECONOMIC ADVANTAGE OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM: (A) YOUR USE OF THE AVAILABLE CONTENT OR OTHER PARTS OF THE SITE; (B) THE SITE’S SECURITY, OPERABILITY, OR AVAILABILITY; (C) ANY INFORMATION, ADVICE, SERVICES, OR GOODS OBTAINED THROUGH OR ADVERTISED ON THE SITE; (D) STATEMENTS, CONDUCT, INTERACTIONS, OR DEALINGS WITH ANY OTHER SITE MEMBER OR THIRD PARTY; OR (E) ANY OTHER CLAIM RELATED IN ANY WAY TO THE SITE – EVEN IF ADVISED OF THE POSSIBILITY OF SUCH INJURY, LOSS, CLAIM, OR DAMAGES. Our liability to you or any third parties in any circumstance is limited to the greater of $100 or the amount of fees, if any, you paid to us in the twelve months prior to the action that may have given rise to liability. The limitations set forth in these Terms do not limit BabyShrink’s liability for gross negligence, fraud, or intentional, malicious, or reckless misconduct. Further, because some jurisdictions do not allow the limitation of liability for consequential or incidental damages, in such jurisdictions BabyShrink’s liability shall be limited to the maximum extent permitted by law. If you are based in the EU, you may have additional legal remedies.

 

15. INDEMNIFICATION. To the full extent permitted by applicable law, you agree to indemnify, defend, and hold BabyShrink and its officers, directors, shareholders, employees, contractors, and agents harmless from any costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) suffered in relation to or arising from any claim or demand made by any third party due to or arising out of your violation of these Terms; your use, misuse, or abuse of the Site; your User Content; your violation of any law, statute, ordinance or regulation; or your violation of the rights of a third party. You agree to cooperate with BabyShrink in defending such claims and not to settle any claim without BabyShrink’s prior written consent.

 

16. DISPUTE RESOLUTION BY BINDING ARBITRATION; CLASS ACTION WAIVER; JURY WAIVER; GOVERNING LAW AND VENUE. 

 

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. 

 

Please read this Section carefully.  It provides that all Disputes between you and BabyShrink shall be resolved by binding arbitration.  Arbitration replaces the right to go to court.  In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions).  Except as otherwise provided, entering into these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury.  There is no judge or jury in arbitration, and court review of an arbitration award is limited.  The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees).

 

WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED BELOW, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

 

(a) Pre-Arbitration Claim Resolution. Before making a claim, you and BabyShrink agree to try to resolve any disputes through good faith discussions. For the purpose of this Section, “BabyShrink” means BabyShrink and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. As used herein, the term “Dispute” means any dispute, claim, or controversy regarding, arising out of or relating to these Terms, any aspect of your relationship with BabyShrink, or your use of the Site, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability or scope of this Section (with the exception of the enforceability of the Class Action Waiver clause below), but excluding any claims BabyShrink may make for injunctive or other equitable relief. You or BabyShrink may initiate this dispute resolution process by sending written notice describing the dispute and the proposed resolution. That written notification must include (1) your name, (2) your address, (3) a written description of your Dispute, and (4) a description of the specific relief you seek.  In the event that you and BabyShrink cannot resolve the issue within ninety (90) days following receipt of the initial notice, either party may bring a Dispute in accordance with the remainder of this Section 17. 

 

(b) Jurisdiction. You agree that the Site shall be deemed a passive website based solely in Hawaii that does not give rise to personal jurisdiction over BabyShrink, either specific or general, in jurisdictions other than Hawaii. These Terms shall be governed by the internal substantive laws of the State of Hawaii, without respect to its conflict of laws principles. Notwithstanding the foregoing, any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Maui County, Hawaii for any actions for which BabyShrink may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of its intellectual property or proprietary rights, including any provisional relief required to prevent irreparable harm. You agree that Maui County, Hawaii is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable. 

 

(c) Arbitration Procedures; Location of Arbitration. For any Dispute not settled pursuant to Section 17(a), you and BabyShrink agree to resolve such Dispute by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Section governs in the event it conflicts with the applicable arbitration rules.  Under no circumstances will class action or representative action procedures or rules apply to the arbitration. The arbitration will be conducted in Maui County, Hawaii, unless you and BabyShrink agree otherwise. You may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing BabyShrink from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our intellectual property rights or other rights in our Available Content or other aspects of the Site.

 

(d) Class Action Waiver; Jury Waiver. Where permitted under applicable law, you agree to bring claims against BabyShrink only in your individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless BabyShrink agrees, no action or court of law may consolidate more than one person’s claims, or otherwise preside over any form of a representative, consolidated or class proceeding, against BabyShrink. This waiver applies to class arbitration, and, unless BabyShrink agrees otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action).  You understand and agree that by entering into these Terms you and BabyShrink are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind. Notwithstanding the foregoing, per Section 22, this Section 17(d) shall be deemed deleted in the event that it is illegal or unenforceable under applicable law.

 

(e) Severability; Survival. If any clause within this Section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect.  If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable and the Dispute will be decided by a court. This Section shall survive the termination of your service with BabyShrink or its affiliates.

 

17. TERMINATION. You agree that BabyShrink, in its sole discretion, may suspend or terminate your use of the Site and may remove any User Content or other data within the Site, for any reason, including, without limitation, if BabyShrink believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, if it is in the best interest of the BabyShrink member community, or to protect our brand. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. BabyShrink may also in its sole discretion and at any time discontinue providing any or all Available Content or any other part of the Site, with or without notice. You agree that any termination of your access to the Site under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that BabyShrink may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to your account or the Site. In the event that you have a paid subscription to the Site and BabyShrink terminates your access to the Site for any reason other than your breach of these Terms of Use, then BabyShrink will refund you the prorated portion of any subscription fees which you have paid but not yet used. Except for the foregoing limited circumstance, you agree that BabyShrink will not be liable to you or any third party for any termination of your access to the Site.

 

18. CALIFORNIA CONSUMER NOTICE.

 

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Site and service are provided by BabyShrink, 1787 WIli Pa Loop, #7, WAILUKU, HI 96793.  If you have a question or complaint regarding the Site or service, please contact BabyShrink’s customer service at support@babyshrink.com (Attn: Legal).  You may also contact us by writing BabyShrink, 1787 Wili Pa Loop #7, Wailuku, HI 96793. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

 

19. NOTICES. Except as otherwise stated in these Terms or as expressly required by law, any notice to us shall be given by certified postal mail to BabyShrink, LLC. (dba BabyShrink), 1787 Wili Pa Loop, #7, Wailuku, HI 96793, Attn: Legal, or by email to support@babyshrink.com (Attn: Legal). Any notice to you shall be given to the most current email address in your account.

 

20. ASSIGNMENT. These Terms are not assignable, transferable, or sublicensable by you except with BabyShrink’s prior written consent, but may be assigned or transferred by us to any affiliate or subsidiary, or in connection with a merger, acquisition, reorganization, sale of BabyShrink’s assets, or similar transaction.

 

21. ADDITIONAL TERMS. The Site is controlled and operated from the United States. Those who access or use the Site from other jurisdictions do so at their own risk and are solely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Site if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms. If any provision of these Terms is held by any court or administrative body of competent jurisdiction to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the validity of the remaining provisions herein, or the validity of all provisions in another jurisdiction. No joint venture, partnership, employment, or agency relationship exists between you and BabyShrink as a result of these Terms or your use of the Site. BabyShrink’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of BabyShrink’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by BabyShrink with respect to such use. These Terms constitute the entire agreement between you and BabyShrink with respect to the Site and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and BabyShrink with respect to the Site. The intellectual property rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

 

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BabyShrink PRIVACY POLICY

Last Updated: December 1, 2023

 

1. THIS PRIVACY POLICY. This Privacy Policy describes the information that BabyShrink collects from you, how we use that information, how we disclose your information, and your rights regarding the information you provide to us. The terms “BabyShrink,” “we,” “us,” and “our” refer to BabyShrink, LLC. (dba BabyShrink). The terms “you” and “your” refer to any person accessing and/or using the BabyShrink website, including any paid subscription services offered through the website and any content available on any part of the website (hereinafter, collectively, the “Site”). This Privacy Policy (this “Policy”) forms a part of our Terms of Use. We may modify this Policy from time to time. When we do, we will publish the most current version and revise the date at the top of this page. If we make any material change to this Policy, we will endeavor to provide additional notice to you, such as by sending you an email or displaying a prominent notice on the Site.

 

2. POLICY SCOPE. This Policy does not apply to information that you have provided or made accessible to third parties, such as other members, network administrators, and others with whom you may share information about yourself. The Site may direct you to a third-party service, or a portion of the Site may be controlled by a third party. Disclosure of information to these third parties is subject to the relevant third party’s privacy policy. We are not responsible for any third party’s privacy policy, even if we link to those sites and services from the Site.

 

Additionally, you are solely responsible for complying with all requirements of applicable privacy laws in connection with the information that you obtain for the purposes of communicating with other members on the Site.

 

3. INFORMATION WE COLLECT.

 

3.1. Information We Collect Directly from You. We collect information that you provide directly to us. For example, we collect personal information that you provide when you create an account, build your profile, communicate with other members on the Site, or communicate with us. The types of information that we may collect include identifiers such as your name, username, password, email address, postal address, and phone number; credit card payment information and payment method data, if applicable; demographic information; and any other personal information that you choose to provide or make public, such as photos, interests, and other professional and personal information.

 

3.2. Information Automatically Collected. When you use the Site, we automatically collect activity-related information, including:

 

Log Information: We collect log information about your use of the Site, including the type of browser that you use; the time, duration, and frequency of your access; Site pages viewed; your IP address; and the page you visited before visiting the Site.

 

Device Information: We collect information about the computer or mobile device that you use to access the Site, including the hardware model, operating system and version, unique device identifiers, and mobile network information.

 

For more information, see “Cookies and Other Tracking Technologies” below.

 

3.3 Children's Privacy

 

Our Services do not address any BabyShrink user under the age of 13. We do not knowingly collect personal identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.


 

4. HOW WE USE YOUR INFORMATION. 

 

We use your information in order to:

 

authenticate your identity;

display your profile;

personalize, maintain, and optimize the Site for you;

process your payment information (if applicable);

communicate with you via email and SMS (text) messaging or other mutually agreed upon platform to provide you with account updates, reminders, and (when in line with the preferences you have shared with us) to provide you with interest-based information and advertising;

respond to your comments, questions, and requests, and provide customer service and support;

monitor and analyze trends, usage, and activities in connection with the Site;

support and enhance our data security measures, including for the purposes of preventing and mitigating the risks of fraud, error, or any illegal or prohibited activity;

comply with applicable laws and respond to legal requests;

maintain, improve, and further develop the Site;

perform contracts with our service providers; and

carry out any other purposes described to you at the time that we collect the information.

 

5. HOW WE DISCLOSE YOUR INFORMATION.

 

5.1. Through the Site. We disclose some of the information that we collect by displaying it on the Site according to your member profile and account settings. Some information, such as your username, is always public. Some information is public by default but can be hidden. Information that is public on the Site may be visible to others on and off the Site.

 

5.2. With Our Service Providers. We use service providers in connection with operating and improving the Site to assist with certain business purposes, such as payment processing, email transmission, conducting surveys or contests, data hosting, analyzing Site user data, managing our ads, and some aspects of our technical and customer support. These service providers, which include data analytics providers, may access, process, and store information about you on our behalf for the purposes we authorize, subject to confidentiality obligations.

 

5.3. Compliance and Protection. We may access, preserve, and disclose information about you (including your messages) to government entities and other third parties if we believe disclosure is in accordance with, or required by, applicable law, regulation, legal process, or audits. We may also disclose information about you if we believe that your actions are inconsistent with our Terms of Use, or if necessary to protect the rights, property, or safety of, or prevent fraud or abuse of, BabyShrink or others.

 

5.4. Merger, Sale, or Other Asset Transfers. If BabyShrink is involved in a merger, acquisition, financing, reorganization, bankruptcy, or sale of our assets, information about you may be shared, sold, or transferred as part of that transaction. We may also share information about you with current or future affiliates.

 

5.5. Other Situations. We may de-identify or aggregate information about you, so that you can no longer be identified. Such information is not subject to this Policy. We may also share information about you with your consent or at your direction or where we are legally entitled to do so.

 

6. HOW WE PROTECT YOUR INFORMATION. We have implemented safeguards that are intended to protect the personal information that we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. However, no data transmission or storage system can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us, and you use the Site and provide us with your information at your own risk. If you have reason to believe that your personal information is no longer secure (for example, you believe your BabyShrink account password may have been compromised), please immediately email us at support@babyshrink.com.

 

7. STORAGE AND RETENTION OF YOUR INFORMATION. 

 

We will retain your information as long as your account is active, and to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. 

 

8. COOKIES AND OTHER TRACKING TECHNOLOGIES. We and our service providers collect information using various technologies, including pixel tags (also called clear GIFs, web beacons, or pixels) and cookies. Pixel tags are electronic images that may be used on the Site or in our emails, and track usage of the Site and effectiveness of communications. Cookies are small data files stored on your hard drive or in device memory that track Site usage in order to help us provide and improve Site functionality; support our security features; detect violations of our Terms of Use; analyze how the Site is performing, being accessed, and being used; and serve ads that may be relevant to you based on your stated or inferred interests, location, or other information. Most devices are set to accept cookies by default. If you prefer, you may be able to remove or reject cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of the Site. Please also note that our Site does not honor “Do Not Track” signals from your browser.

 

8.1. Analytics. We use third-party tools, such as Google Analytics, which are operated by third-party companies. These analytics companies may collect usage data (using cookies, pixels, and similar tools) about our Services in order to provide us with reports and metrics that help us to evaluate usage of our Site and improve performance and user experiences. To learn more about Google’s privacy practices, please visit https://policies.google.com/technologies/partner-sites. Site users can also download the Google Analytics Opt-out Browser Add-on to prevent their data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.

 

8.2. Cross-Device Tracking. We and our third-party providers may use the information that we collect about you from our Site and on other third-party sites and services to help us and these third parties to identify other devices that you use (e.g., a mobile phone, tablet, other computer). This information may be used as previously described in this section.

 

8.3. Targeted Advertising. We may work with third parties, such as ad networks, channel partners, mobile ad networks, analytics and measurement services, and others (collectively, “third-party ad companies”) to personalize content and display advertising to manage our advertising on third-party sites, mobile apps, and online services. We may share certain information with these third-party ad companies, and we and they may use cookies, pixels tags, and other tools to collect usage and browsing information from our Site, as well as on third-party sites, apps, and services, such as IP address, location information, device ID, cookie and advertising IDs, and other identifiers. We and these third-party ad companies may use this information to provide you more relevant ads and content on third-party sites and apps, and to evaluate the success of such ads and content. 

 

You can control how participating third-party ad companies use the information that they collect about your visits to our Site, and visits to third-party sites, in order to display more relevant targeted advertising to you. If you are in the U.S., you can obtain more information and opt out of receiving targeted ads from participating third-party ad networks at aboutads.info/choices (Digital Advertising Alliance). You may also download the DAA AppChoices (https://youradchoices.com/appchoices) tool in order to help control interest-based advertising on apps on your mobile device. 

 

Please note that opting out of participating ad networks does not opt you out of being served advertising. You may continue to receive generic or “contextual” ads on our Site. You may also continue to receive targeted ads on other websites, from organizations that do not participate in the above programs.

 

8.4. Custom Lists and Matching. We may share or make available certain customer list information (such as your name, email address, and other contact information) with third parties, so that we can better target ads and content to you across third-party sites, platforms, and services. In some cases, these third parties may help us to enhance our customer lists with additional demographic or other information, so that we can better target our advertising and marketing campaigns.

 

9. YOUR RIGHTS TO YOUR INFORMATION. You may at any time request that we update, correct, or delete your personal information by emailing us at support@babyshrink.com

 

Depending on applicable law and the circumstances of our processing, you may have the right to: (i) have BabyShrink provide further information about our use of the categories of personal information that we have collected about you, and/or obtain a copy of it; (ii) opt out of our marketing and/or analytics activities; (iii) have BabyShrink delete any personal information which we have collected about you; (iv) request that BabyShrink does not sell or share your personal information; (v) ensure that BabyShrink provides you with equal services without discrimination (BabyShrink does not discriminate against any user in providing access to its Services); (vi) have your personal information corrected or updated if that information is inaccurate or incomplete; (vii) object to or restrict our processing of your personal information; or (viii) where we have asked for your consent, withdraw your consent at any time,

 

10. CONTACT US; PRIVACY COMPLAINTS. If you have any questions, concerns, or complaints about this Policy or the way we process your personal information, please contact us by email at support@babyshrink.com.

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