These Terms of Service (“Terms”) govern your access to and use of our services, including our various websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and our other covered services that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Services you agree to be bound by these Terms.
1. Who May Use the Services
You may use the Services only if you agree to form a binding contract with babycheers.com and are not a person barred from receiving services under the laws of
the applicable jurisdiction.
If you are accepting these Terms and using the Services on behalf of a minor, company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
babycheers.com does not collects any personal information from minors or children.
Parents or representatives of the children or minor create an account for the child or the minor.
It is the responsibility of the parent or representative of the minor child to monitor the activity of the minor or child and remove any sensitive information.
You understand that through your use of the Services you consent to
the collection and use of this information, including the transfer of this information to India, United States, Ireland,
and/or other countries for storage, processing and use by babycheers.com and its partners.
3. Content on the Services
You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You
should only provide Content that you are comfortable sharing with others.
Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse,
support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse
any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate
or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.
We reserve the right to remove Content that violates the User Agreement, including for example, copyright or trademark violations, impersonation, unlawful conduct, or harassment.
If you believe that your Content has been copied in a way that constitutes copyright infringement, please report this by clicking the "Report" button provided below each content post, and then filling the form on the next webpage.
Your Rights and Grant of Rights in the Content
You retain your rights to any Content you submit, post or display on or through the Services. What’s yours is yours — you own your Content (and your incorporated
audio, photos and videos are considered part of the Content).
By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right
to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution
methods (now known or later developed). This license authorizes us to make your Content available to the rest of the world and to let others do the same.
You agree that this license includes the right for babycheers.com to provide, promote, and improve the Services and to make Content submitted to or through the
Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content
on other media and services, subject to our terms and conditions for such Content use. Such additional uses by babycheers.com, or other companies, organizations
or individuals, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through
babycheers.com has an evolving set of rules for how ecosystem partners can interact with your Content on the Services. These rules exist to enable an open ecosystem
with your rights in mind. You understand that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our
partners and/or make changes to your Content in order to adapt the Content to different media.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights
granted herein for any Content that you submit, post or display on or through the Services. You agree that such Content will not contain material subject
to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant babycheers.com the license described above.
4. Using the Services
Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing
the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole
discretion at any time. We may also remove or refuse to distribute any Content on the Services, suspend or terminate users, and reclaim usernames without
liability to you.
In consideration for babycheers.com granting you access to and use of the Services, you agree that babycheers.com and its third-party providers and partners may place
advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. You also
agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions
that we provide. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services,
babycheers.com computer systems, or the technical delivery systems of babycheers.com providers; (ii) probe, scan, or test the vulnerability of any system or network
or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated
or otherwise) other than through our currently available, published interfaces that are provided by babycheers.com(and only pursuant to the applicable terms
and conditions), unless you have been specifically allowed to do so in a separate agreement with babycheers.com(NOTE: crawling the Services is permissible if
done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of babycheers.com is expressly prohibited);
(iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive
or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including,
without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner
as to interfere with or create an undue burden on the Services. We also reserve the right to access, read, preserve, and disclose any information as we
reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including
investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support
requests, or (v) protect the rights, property or safety of babycheers.com , its users and the public. babycheers.com does not disclose personally-identifying information
You may need to create an account to use some of our Services. You are responsible for safeguarding your account, so use a strong password and limit its
use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative
messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. If you added
your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from
communicating with anyone who acquires your old number.
Your License to Use the Services
babycheers.com gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services.
This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by babycheers.com , in the manner permitted by these
The Services are protected by copyright, trademark, and other laws of both the India and foreign countries. Nothing in the Terms gives you a right
to use the babycheers.com name or any of the babycheers.com trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in
and to the Services (excluding Content provided by users) are and will remain the exclusive property of babycheers.com and its licensors. Any feedback, comments,
or suggestions you may provide regarding babycheers.com, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions
as we see fit and without any obligation to you.
Ending These Terms
You may end your legal agreement with babycheers.com at any time by deactivating your accounts and discontinuing your use of the Services.
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited
to, if we reasonably believe: (i) you have violated these Terms or the
(ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct, (iv) your account should be removed
due to prolonged inactivity; or (v) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you
by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases,
the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply:
II, III, V, and VI.
If you believe your account was terminated in error you can file an appeal following the steps found in our Help Center or by using our contact form.
5. Limitations of Liability
By using the Services you agree that babycheers.com, its parents, affiliates, related companies, officers, directors, employees, agents representatives, partners
and licensors, liability is limited to the maximum extent permissible in your country of residence.
We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at babycheers.com/post/TermsOfUse,
will govern our relationship with you. Other than for changes addressing new functions or made for legal reasons, we will notify you 30 days in advance
of making effective changes to these Terms that impact the rights or obligations of any party to these Terms, for example via a service notification or
an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be
bound by the revised Terms.
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum
extent necessary, and the remaining provisions of these Terms will remain in full force and effect. babycheers.com failure to enforce any right or provision
of these Terms will not be deemed a waiver of such right or provision.
These Terms are an agreement between you and babycheers.com, an International Company.
If you have any questions about these Terms, please contact
Effective: May 20, 2019