Babyganoush

Terms of Service

Thank you for using Babyganoush! Babyganoush ("Babyganoush", "Provider", "we" or "us") provides a software platform that enables you to browse, search, and save baby names (as defined below).

By accessing the Babyganoush website found at Babyganoush.app, or the Babyganoush mobile application (on Android or iOS), whether through a mobile device, mobile application, computer or other platform (collectively, the "Service") you agree to be bound by these Terms of Service (this "Agreement" or "Terms of Service"), whether or not you create a Babyganoush user account. These Terms of Service govern your use of the Babyganoush Service and is a legal contract between you and the Provider. If you wish to create an account and make use of the Service, please read these Terms of Service. If you are not in agreement with these Terms of Service, you cannot use the Service.

You should also read the Babyganoush Privacy Policy, which is referenced in this Agreement.

This Agreement may be modified by the officers and agents of Babyganoush from time to time, such modifications to be effective upon communication by officers and agents of Babyganoush to Users.

Babyganoush.app and the Babyganoush mobile application is a Service operated by Babyganoush. All Rights Reserved.

1. Definitions

"Content" means any work of authorship, including comments, recommendations, forums, photos, videos, music, sounds, images, text, files, listings, logos, trademarks, postings, messages, tags and other content added to or submitted with any of the foregoing; or other materials posted on or transmitted through any Media or user profile on the Babyganoush Service.

"Babyganoush Account" is an account you create on the Service which can include a name, email address, and password, as well as potential social media platforms authentication information, if the User uses such a mean of authentication when creating a Babyganoush Account.

"Babyganoush User" is a User who completes a registration process with Babyganoush and obtains a Babyganoush Account.

"Babyganoush User Data" is data collected from Users by Babyganoush, including the data collected for the Babyganoush Account creation and any data provided in the Babyganoush User Profile (as defined below).

"Babyganoush User Profile" means information that, if you are a Babyganoush User, you have provided to Babyganoush that is aggregated by Babyganoush into a master profile.

"Babyganoush Technology" means the past, present and future content of the Babyganoush Service, including all software in any format, hardware, products, processes, algorithms, user interfaces, know-how, techniques, organization, designs, text, images, photographs, illustrations, audio or video material, artwork, graphic material, podcasts, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectable elements of the Babyganoush Service and all other tangible or intangible materials related to, displayed, performed or distributed on the Babyganoush Service and the Babyganoush Service itself, including, the selection, sequence, and "look and feel" and arrangement of items on the Babyganoush Service, and all Babyganoush Marks (as defined below), domain names, patents, and other intellectual property. Babyganoush Technology does not include Babyganoush User Data.

2. Your ability to use Babyganoush (Eligibility)

No one under 13 is allowed to create an account or use the Service. Any use of the Service is void where prohibited. By accessing and using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. Using the Service may be prohibited or restricted in certain countries. You are required to comply with all local, state and Federal laws applicable to your use of the Service in the United States. If you use the Service from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Service.

If you are using the Babyganoush Service as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms "you" and "your" in this Agreement refers to your company or legal entity.

3. Creating your account

When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account information, username and password, including but not limited to restricting access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account, username and/or password, whether your password is with our Service or a third-party service. You must notify us at support@babyganoush.app immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use by you or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

When creating an account you may opt to sign in using your Facebook, Apple or Google account, or your phone number or email address through Google Inc.'s Firebase service. By doing so, you authorize us to access and use certain Facebook, Apple or Google account information, including but not limited to your public Facebook, Apple or Google profile, name, email address, contacts list and interests. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

We reserve the right to refuse service, terminate accounts, and remove or edit Content in our sole discretion.

4. Cancellation Policy

As a Babyganoush User, you may elect to delete your Babyganoush Account at any time for any reason. You can delete your Babyganoush Account using the delete tool present on your Account page.

All Babyganoush User Data relating to a deleted Babyganoush Account as well as any content made available in or on the applicable Babyganoush User Profile, will no longer be accessible by means of the Babyganoush Service following the effective date of deletion. Please be advised that none of the content posted in or on your Babyganoush User Profile on or before the effective date of deletion will be able to be accessed or recovered by you or any Babyganoush User once your Babyganoush Account is deleted. Babyganoush shall have no obligation or liability to you with respect to the deletion or loss of any such Babyganoush User Profile.

You acknowledge and agree that the deletion of your Babyganoush User Profile is your sole right and exclusive remedy with respect to any dispute that you may have with Babyganoush (or any of its affiliates) that relate in any manner to the Babyganoush Service, including, without limitation, any dispute arising from or in connection with

I. the Terms of Service or any of Babyganoush User's Policy, rules, regulations, or guidelines relating to the Babyganoush Service;
II. your ability or inability to access and/or use the Babyganoush Service;
III. the content (including, without limitation, any related data and information) displayed or otherwise made available as part of or otherwise in connection with the Babyganoush Service.

This Agreement will remain in full force and effect while you use the Service and/or have an account.

You may disable your account at any time, for any reason, by notifying Babyganoush at support@babyganoush.app.

The Provider may terminate or suspend your account at any time without notice if we believe that you have breached this Agreement, or for any other reason, with or without cause, in its sole discretion. The Provider is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your account is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

5. Your interaction with other users

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT WE DO NOT CONDUCT CRIMINAL OR OTHER BACKGROUND CHECKS OR SCREENINGS ON OUR USERS. WE ALSO DO NOT MONITOR ALL COMMUNICATIONS BETWEEN USERS, INQUIRE INTO THE BACKGROUNDS OF ALL OF OUR USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF OUR USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. NOTWITHSTANDING THE FOREGOING AND SUBJECT TO APPLICABLE LAWS, WE RESERVE THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTRY SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS. BY ACCEPTING THESE TERMS OF USE, YOU CONSENT TO OUR CONDUCTING BACKGROUND CHECKS AND USING VARIOUS SCREENING TOOLS.

We are not responsible for the actions or inactions of any user. Accordingly, in no event shall we, our affiliates or our partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct or omissions of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the Service or meet in person, or if you decide to send money to another user. You understand that we make no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service.

Your Babyganoush User Profile

We want to give you as a Babyganoush User as much freedom to create and control the Babyganoush User Profile you created or manage on the Babyganoush Service as possible.

Your Babyganoush User Profile shall not be designed or implemented in a way that, as determined by Babyganoush in its sole discretion, might mislead a User into believing that: (I) they are interacting directly with Babyganoush when interacting with your Babyganoush User Profile, or (II) any of your Babyganoush User Profile(s) was created by or are endorsed by Babyganoush. Because we want you to have as much freedom over your Babyganoush User Profile as possible, Babyganoush takes no responsibility for any Content located on your Babyganoush User Profile and Babyganoush has no obligation to monitor such Content. You acknowledge that Babyganoush also reserves the right to remove, preserve, and disclose any information or Content on any Babyganoush User Profile (including Babyganoush User Data) or account it deems necessary or appropriate to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to User support requests, (e) protect the rights, property, or safety of Babyganoush, its Users, and the general public, or (f) investigate or defend ourselves against third-party claims or allegations.

6. Posting and contributing Content to the Service

Our Service allows you to post, link, share and otherwise make available or transmit to other users certain information, text, profile text, messages, photographs, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, whether publically posted or privately transmitted, including its legality, reliability, and appropriateness.

Babyganoush does not claim any ownership rights in Your Content. The Content that you upload to any Babyganoush User Profile needs to comply with the terms of this Agreement.

You may not post as part of the Service, or transmit to Babyganoush or any other user (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person's rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that all information that you submit upon creation of your account, including information submitted from your Facebook, Instagram, TikTok, Apple, or Google account, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and you have the right to post the Content on the Service.

By posting Content on or through the Service, You represent and warrant that: the Content is yours (you own it) and/or you have the right to use it and the right to grant Babyganoush the rights and license provided in these Terms of Service, and the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, trademarks, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

As between you and Babyganoush, you retain any and all of your rights to any Content you submit, post or display on or through the Service. You are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

In addition to the types of Content described above, the following is a partial list of the kind of Content that is prohibited in the Service. You may not post, upload, display or otherwise make available Content that:
  • promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • advocates harassment or intimidation of another person;
  • requests money from, or is intended to otherwise defraud, other users of the Service;
  • involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming" (or "spimming", "phishing", "trolling" or similar activities);
  • promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
  • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture- installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
  • contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
  • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
  • provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone's privacy, or providing, disseminating or creating computer viruses;
  • contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
  • impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
  • provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
  • disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users are able to type, or otherwise negatively affects other users' ability to engage in real time exchanges;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person's personal information without his or her permission;
  • publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

Your use of the Service, including all Content you post through the Service, must comply with all applicable laws and regulations. You agree that Babyganoush may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (I) comply with legal process; (II) enforce this Agreement; (III) respond to claims that any Content violates the rights of third parties; (IV) respond to your requests for customer service or allow you to use the Service in the future; or (V) protect the rights, property or personal safety of Babyganoush, its personnel, users or any other person.

You agree that any Content you place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service.

We have the right but not the obligation to monitor and edit all Content provided by users.

We reserve the right, in our sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Service and terminating or suspending the account of such violators. In addition, feedback or suggestions you provide to us regarding the Service or our products, improvements or enhancements we make as a result of meeting your customer service needs will become our property. Content you post to the Service or your account will remain your property, provided that you grant to us a perpetual, irrevocable, worldwide, transferable right and license to use, format, copy, publish and modify the Content you post to the Service or your account.

You hereby grant Babyganoush, during the course of your usage of the Babyganoush Service, a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable right and license to (i) use, reproduce, create derivative works of, distribute, publicly perform and publicly display Your Content (a) for the sole purpose of operating and making Your Content available on the Babyganoush Service and in all current and future media in which the Babyganoush Service may now or hereafter be distributed or transmitted or (b) for our internal business purposes; and (ii) disclose metrics regarding Your Content on an aggregated basis for advertising, marketing and business development purposes. If you wish to grant Users or the general public additional licenses to Your Content, please include the license terms with Your Content. Without limiting the foregoing, Babyganoush reserves the right to retain copies of Content for archival purposes after termination of the Agreement.

You hereby agree that if Your Content is removed from any Babyganoush User Profile due to a violation of these Terms, Babyganoush shall have the right to use, reproduce and exploit Your Content in any manner without restriction, including in response to any court order, to assist government enforcement agencies or otherwise required by law and to protect the rights, property or safety of Babyganoush, any individual, or the general public.

In addition to the rights, licenses and privileges referred to above, you agree that Babyganoush, in its sole discretion, may use and refer to your trademarks, service marks, trade names, image, character, logos, domain names and other distinctive brand features or identification in marketing materials, financial reports, presentations, website materials, customer lists and other media now known or hereafter discovered in connection with the marketing, advertising and promotion of the Babyganoush Service, and any products, goods, features, capabilities and/or services associated with the Babyganoush Service.


7. Activities that are prohibited as part of the Service

The Provider reserves the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way we regard as inappropriate or unlawful, including actions or communications the occur off the Service that involve users you meet through the Service. The following is a non-exclusive list of the type of actions that you may not engage in with respect to the Service. You will not:
  • impersonate any person or entity;
  • solicit money from any users;
  • post any Content that is prohibited;.
  • "stalk" or otherwise harass any person;
  • express or imply that any statements you make are endorsed by the Provider without our specific prior written consent;
  • use the Service in an illegal manner or to commit an illegal act;
  • access the Service in a jurisdiction in which it is illegal or unauthorized;
  • ask or use users to conceal the identity, source, or destination of any illegally gained money or products;
  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
  • collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service;
  • interfere with or disrupt the Service or the servers or networks connected to the Service.
  • email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service (either directly or indirectly through use of third party software);
  • "frame" or "mirror" any part of the Service, without the Provider's prior written authorization;
  • use meta tags or code or other devices containing any reference to the Provider or the Service (or any trademark, trade name, service mark, logo or slogan of the Provider) to direct any person to any other website for any purpose;
  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so;
  • post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with this Agreement;
  • use the Service for an unintended purpose.

8. Intellectual Property Infringement

We respect the intellectual property rights of others.

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

It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to support@babyganoush.app.

You may be held liable to pay damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement by any Content found on and/or distributed through the Service using your account.

9. Intellectual and Proprietary Rights Ownership

You agree that, as between you and Babyganoush, Babyganoush owns all right, title and interest, including, all intellectual property rights, in and to the Babyganoush Technology. You shall not acquire any right, title or interest therein, except for the limited rights expressly set forth in this Agreement. Any rights not expressly granted herein, are reserved to Babyganoush. You agree to abide by all copyright notices, information, or restrictions contained in any part of the Babyganoush Service. You must not alter, delete, or conceal any copyright, trademark, patent, or other notices contained on the Babyganoush Service, including notices on any Babyganoush Technology you download, transmit, display, print or reproduce from or using the Babyganoush Service.

10. Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Babyganoush and its licensors.

11. DMCA Notice and Procedure for Copyright Infringement Claims

Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing the Provider with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable the Provider to find the alleged infringing material, such as a url);
  • your address, telephone number and email address;
  • a written 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.
You can contact us to communicate a DMCA notice via email at support@babyganoush.app.

12. Links to other sites and services

Our Service may contain links to third party web sites or services that are not owned or controlled by the Provider. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

13. Engaging with marketing partners and third parties

We may make third party 'expert' opinions, advice, statements, or other third party information or content, including deals, available through the Service.

All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content.

WE DO NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS IN THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED IN THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.

Your correspondence, business dealings with, or participation in promotions of, marketing partners or other third parties found on our website or through our mobile applications, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such marketing partner or other third party. You agree that Babyganoush shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such marketing partners or other third parties on our website or located through the use of our Service.

14. Communications with Babyganoush

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Opting out does not include opting out of notifications related to changes in these Terms of Service or the Privacy Policy or notifications that impact the use of the Service.

15. Engaging with customer service

The Provider provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.

You may contact customer service at support@babyganoush.app.

16. Modifications to the Service

The Provider reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Provider shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Service, we reserve the right at any time in its sole discretion to block users from certain IP addresses from accessing the Service.

17. Disclaimers

You acknowledge and agree that neither the Provider nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of:

(I) any incorrect or inaccurate Content posted in the Service, whether caused by users or any of the equipment or programming associated with or utilized in the Service;
(II) the timeliness, deletion or removal, loss, incorrect delivery or failure to store any Content, communications or personalization settings;
(III) the conduct, whether online or offline, of any user;
(IV) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications;
(V) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person's computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service.

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE PROVIDER PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE PROVIDER DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.

From time to time, we may make third party opinions, advice, statements, offers, or other third party information or content available through the Service. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. THE PROVIDER DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS IN THE SERVICE. UNDER NO CIRCUMSTANCES WILL THE PROVIDER OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED IN THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS. In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted in the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. We make no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

18. Limitation on Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE PROVIDER, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BABYGANOUSH'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE PROVIDER FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

19. Indemnity by You

You agree to indemnify and hold the Provider, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post in the Service, and the violation of any law or regulation by you. The Provider reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Provider in connection therewith.

20. Entire Agreement; Other.

This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers in the Service, contains the entire agreement between you and the Provider regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Provider to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable and all of your rights to access your profile or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind the Provider in any manner.

21. Changes to the Terms

We reserve the right, at our sole discretion, to modify or replace these Terms of Service at any time. We will provide written notice of any material changes to our Terms of Service. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized

22. Amendment

This Agreement is subject to change by the Provider at any time.