Welcome to Babyjellybeans.com - Baby Websites with Flavor! The following Terms and Conditions govern your use of the Babyjellybeans.com Web site. By using, visiting, or browsing the Babyjellybeans.com Web site, you accept and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you should not use the Babyjellybeans.com Web site. Babyjellybeans reserves the right, from time to time, with or without notice to you, to change these Terms and Conditions in our sole discretion. The most current version of these Terms and Conditions can be reviewed by clicking on the "Terms and Conditions" hyperlink located at the bottom of the pages of the Babyjellybeans.com Web site. The most current version of the Terms and Conditions will supercede all previous versions. Your use of the Babyjellybeans.com Web site after changes are made means that you agree to be bound by such changes. Any information submitted on the Babyjellybeans.com Web site is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Statement to understand our practices. You can find the specific information regarding your membership with Babyjellybeans.com at anytime by signing into your account and clicking on Membership Information located in your Account Manager.

Free Trials
We encourage the use of our service through free trials. Free trials are only available to first time customers of the Babyjellybeans.com websites and cannot be combined with any other offer. Only one free trial may be redeemed per household. You must have Internet access and a valid credit card to take advantage of our free trial period. Upon registering for your free trial, your billing address and credit card information will be required However, no charges will be made against the card unless you do not cancel prior to the end of your free trial period.

Your free trial entitles you, during the term of your free trial, to the same service provided to our paying subscribers.

We will begin billing your credit card for monthly subscription fees for the Babyjellybeans Standard Package (currently $8.95) at the end of your free trial period unless you cancel prior to the end of your free trial. YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL OFFER TO AVOID CHARGES TO YOUR CREDIT CARD. We will continue to bill your credit card on a monthly basis for the Babyjellybeans Standard Package until you cancel your membership. The Babyjellybeans Standard Package is a month-to-month subscription that allows subscribers to use our software to build and maintain baby websites. Such a subscription is cancelable at anytime. Click the Membership Information under the Account Manager for cancellation instructions.

Billing
As a subscriber to Babyjellybeans, you agree that we are permitted to charge your credit card a monthly subscription fee and any other charges you may incur in connection with your use of Babyjellybeans.com. The subscription fee will be billed at the end of your free trial period and on each monthly renewal thereafter unless and until you cancel. We will automatically charge your credit card each month on the calendar day corresponding to the commencement of your membership. In the event your membership began on a day not contained in a given month, we will bill your credit card on the last day of such month. For example, if you became a member on January 31st, your card would be billed on February 28th. All fees and charges are nonrefundable. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your credit card information by clicking on Billing Information located under Manage Your Account in your Account Manager.

Automatic Renewals
Your Babyjellybeans subscription will be automatically renewed on a monthly basis. For your convenience, we will charge the monthly subscription fee to the credit card you provide to us during registration (or to a different credit card if you change your billing information). Your membership will automatically renew for successive monthly subscriptions, without prior notice to you, unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews in order to avoid billing of subscription fees to your credit card.

Cancellation
As noted above, you may cancel your subscription to Babyjellybeans.com at anytime. To cancel, click Manage Your Account in your Account Manager, click Membership Information, and follow the instructions. We do not provide refunds or credits for any partial monthly subscription periods. You will also be given 10 days to update credit card information when your card for whatever reason is no longer able to accept recurrent billing for the agreed service of the site. Upon cancellation, your website will become "inactive", thus not accessible via the Internet. Your account information, including your digital photos, will remain on our system for a period of 90 days after cancellation. Babyjellybeans is not responsible for the return of, or establishing access to your data, by any means, after cancellation.

Domain Registration
Babyjellybeans offers domain name registration to all members. Once purchased, a domain name cannot be changed and is non-refundable. A member must have a Babyjellybeans website to register a domain name. Domain registration is not included with the free trial offer. Domain names are only forwarded to Babyjellybeans websites. Once your domain name is registered, or renewed, you will be charged the registration fee for the term you specify. Your domain may take up to 48 hours to register and propagate throughout the Internet.

Domain Renewal
Babyjellybeans will notify you in advance of your upcoming domain expiration. During this time, you will have the option to renew your domain name for another specified term. If you domain name expires and becomes available, Babyjellybeans is not responsible for the loss of your domain due to registration by another party.

If you do not renew your domain name prior to the expiration date, your domain will go into a 30-day redemption period during which time you may pay Babyjellybeans a redemption fee of $150 to redeem your domain name. If you do not redeem your domain name prior to the end of the redemption period, the Registry will release your name and it will become available for registration on a first-come-first-served basis.

Domain Name Specials
Babyjellybeans periodically offers special promotions on domain name registration.

The Babyjellybeans Standard Package includes 140 MB of storage space for your website files. This includes photos, videos, audio and other images that a member can upload to their website. If the account exceeds the disk space limit, the member will receive an email request to purchase additional storage space. If a website remains over the allocated disk space limit for more than 15 days, an email notification will be sent to the member with instructions to purchase additional storage space. If the website remains over the limit after 5 days, the member's account will be disabled and the website will be taken offline and no longer have the ability to update. If you have been a Babyjellybeans member for one year (365 days) and your website has been online for one year (365 days), you are eligible for a complimentary Keepsake CD. Periods between cancellation and re-activation do not apply to your total active membership period. Only websites which have been online for a total of 365 days qualify for a complimentary Keepsake CD. The free trial month is included in the calculation.

Your Website
Your website on Keepsake CD will look exactly like your website online. It will include all photos, high-resolution photos, video, audio and content. We will notify you when your Keepsake CD has been completed and is in the mail. In the meantime, refrain from making any updates or changes to your website. Babyjellybeans is not responsible for your content, and any changes you make after your Keepsake CD has been ordered may or may not appear on your Keepsake CD website.

Private Entries, Guestbook & Third-party software
All private entries such as in your guestbook or journal will not be displayed in your Keepsake CD. The guestbook submit button will be disabled in your Keepsake CD website preventing new guestbook entries. Any third-party software you are using on your website, such as counters and tickers, may not function properly if at all.

Delivery
Please allow two weeks from the time of order to complete and mail your Keepsake CD. Members outside the United States may experience a longer wait due to international delivery. Domestic Keepsake CDs are delivered via First-Class U.S. mail. International orders are sent via Standard Air delivery. We will notify you via email when your Keepsake CD has been sent.

Liability
Keepsake CDs are non-transferable and non-refundable. Babyjellybeans is not responsible for lost, stolen, or damaged items due to shipping. Keepsake CDs are produced from the member website "as-is". Babyjellybeans makes no guarantees as to the accuracy or correctness of your Keepsake CD website.

Copyrights
Babyjellybeans websites on Keepsake CD are for personal and archival use only. All website designs, images and artwork are under copyright law and shall not be transferred, reproduced, sold, advertised, or used for commercial purposes in any way.

Babyjellybeans offers a partner program which allows approved participants the ability to allocate complimentary website subscriptions to their customers as a value-add-on to the partner's existing products and services. In return, the partner will advertise and promote the Babyjellybeans brand, products and services to new and existing customers in the form of flyers, website links, banner ads, business cards, magnet frames and word of mouth.

Eligibility
We are currently seeking ultrasound facilities and other pregrancy/baby related businesses. If you feel your business would make a good partner, choose "other" as the type of business on our application and we will consider your request.

Term and Termination
The partnership agreement is between the partner applicant and Babyjellybeans.com. This program is in Beta release and subject to change without any prior notice to the applicant or existing partner. Either party, Partner or Babyjellybeans, shall have the right to terminate the relationship at any time by notifying the other party via email or telephone.

Responsibilities
Once the partner application is accepted, it is the responsibility of Babyjellybeans to create a valid partner account and allow the partner to allocate new website subscriptions. In return, the partner is responsible for advertising Babyjellybeans to potential and existing customers in the form of flyers, magnet frames, business cards, website banner ads and links, supplied by Babyjellybeans.com. Partner is responsible for requesting additional Babyjellybeans marketing collateral when needed.

Limitation of Liability
In no event will Babyjellybeans be liable for any special, incidental, punitive, or consequential damages of any kind in connection with the partner program, even if Babyjellybeans has been informed in advance of the possibility of such damages.

The Babyjellybeans.com Web site and its contents are provided "as is" and we make no representations or warranties of any kind with respect to the Babyjellybeans.com Web site or its contents, including third-party software providers. We assume no liability or responsibility for any errors or omissions in the content of the Babyjellybeans.com Web site, any failures, delays, or interruptions in the electronic transmission or shipment of photos, delivery of any content contained on the Babyjellybeans.com Web site, any losses or damages arising from the use of the content provided on the Babyjellybeans.com Web site, or any conduct by users of the Babyjellybeans.com web site. We disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.

You, the user, understand and agree that the submission of film or any digital image to the Babyjellybeans.com Web site, and the download or upload of any material through Babyjellybeans.com service is done at your own risk, and you will be solely responsible for any loss or damage to your film or image and your computer system or loss of data that my result in the download or upload of any material.

In no event shall Babyjellybeans.com, its shareholders, directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

You agree to indemnify, defend and hold us harmless, and our officers, employees, agents, licensors and third-party information providers to the service, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms or any activity related to your account by you or any other person accessing the service using your account.

Copyright
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned or controlled by someone else without obtaining the prior written consent of the owner of such proprietary rights.

All content included on the Babyjellybeans.com Web site, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of Babyjellybeans or its suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Babyjellybeans and protected by U.S. and international copyright laws. They should not be reproduced or used without express written permission from Babyjellybeans.com.

Trademarks
Babyjellybeans is a registered trademark of Babyjellybeans and other marks indicated on our site are trademarks of Babyjellybeans. All Babyjellybeans.com graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of Babyjellybeans Babyjellybeans' trademarks and trade dress may not be used in connection with any product or service that is not Babyjellybeans', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Babyjellybeans. All other trademarks not owned by Babyjellybeans that appear on the Babyjellybeans.com Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Babyjellybeans. Any images of persons or personalities contained on the Babyjellybeans.com Web site shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.

The Babyjellybeans.com Web site allows you and other third parties to post comments concerning the websites provided by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Babyjellybeans.com Web site are those of the respective authors or producers and not of Babyjellybeans or its shareholders, directors, officers, or employees. Under no circumstances shall Babyjellybeans or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Babyjellybeans.com Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Babyjellybeans.com Web site.

We permit you to post comments on Babyjellybeans.com Web sites and provided that the content is not illegal, obscene, threatening, defamatory or otherwise objectionable to us. In posting such content, you agree not to use a false e-mail address or otherwise mislead us or others regarding the origin of such content. We do not regularly review the content posted on the Babyjellybeans.com Web site; however, we reserve the right to remove or edit such content at anytime without notice.

Your are solely responsible for any data, text, software, music sound, photographs, graphics, video, messages, files or other materials ("Content") which is transmitted, posted, or distributed by you through our Service, including but not limited to the contents of your e-mail communications, information, photos or images posted to your website. All Content posted by you, is your sole responsibility. Babyjellybeans.com does not control the Content posted by users such as yourself via our services and, as such, does not guarantee the accuracy, integrity or quality of such Content. By using Babyjellybeans.com you understand and agree that you may be exposed to Content posted by other users that may be offensive, indecent or objectionable. Under no circumstances will Babyjellybeans.com be liable in any way for any Content posted by any user or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via our services.

Babyjellybeans is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to the Babyjellybeans.com Web site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Babyjellybeans.com Web site or other Web sites.

WE RESPECT THE PRIVACY OF OUR CUSTOMERS AND WILL NOT USE ANY COMMENTS, INFORMATION, DIGITAL OR PRINTED PHOTOS, IDEAS OR CONCEPTS THAT ARE SUBMITTED BY OUR CUSTOMERS WITHOUT THE EXPRESSED CONSENT OF THE CUSTOMER.

Unacceptable actions and content as determined by us in our discretion, will constitute grounds of blocking your access to our service, removal of posted material and non-fulfillment of your order. As condition of your use of this service, you may NOT

(a) Upload, post, email or otherwise transmit any Content that is unlawful, defamatory, obscene, vulgar, invasive of another's privacy or rights of publicity, hateful, or otherwise objectionable in our estimation;
(b) Upload, post, email or otherwise transmit any Content that you do not have a legal right to transmit (such as a proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) any content that infringes any patent trademark, trade secret, copyright or other proprietary rights of any party;
(c) Harm minors in any way;
(d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this site;
(e) Interfere with our disrupt (or attempt to interfere with or disrupt) this site or servers or networks connected to this site, or disobey any requirements, procedures, policies or regulations of networks connected to this site;
(f) Exhibit expressions of abuse, offensive language and imagery, obscenity, or pornography, including but not limited to child abuse, child pornography or depictions of minors engaged in sexual conduct.
(g) Impersonate any other person while using the Babyjellybeans.com Web site, conduct yourself in a vulgar or offensive manner while using our service, or use the Babyjellybeans.com Web site for any unlawful purpose.
(h) Transmit any material sent from an anonymous or false address.

You must be 18 years of age or older to use the Babyjellybeans service. Unless otherwise specified, the content on the Babyjellybeans.com Web site is for your personal and non-commercial use and we grant you a limited license to access the Babyjellybeans.com Web site for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Babyjellybeans.com Web site without our express written consent. Any unauthorized use of the Babyjellybeans.com Web site or its contents will terminate the limited license granted by us. We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever. Some of the hyperlinks on the Babyjellybeans.com Web site may lead to other Web sites that are not controlled by, or affiliated with, Babyjellybeans In addition, other Web sites may link to the Babyjellybeans.com Web site. Babyjellybeans.com has not reviewed these Web sites and is not responsible for the content or privacy policies of these Web sites. service. These Gift Certificates are subject to the terms and conditions set forth on the "Gift Certificates" page. All legal issues arising from or related to the use of this service shall be determined in accordance with the laws of the State of California. Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. These terms of service constitute the entire agreement between you and Babyjellybeans with respect to the use of this service. Babyjellybeans' failure to enforce any right or provision in these terms of service shall not constitute a waiver of such right or provision or of any other rights or provisions in these terms of service.