Your use of our Service is subject to the following Terms and Conditions

VoteMyBaby.com is the owner and operator of the votemybaby.com web site (referred to as our "Service" herein), on which we provide a fun and family friendly way for you to get the general public's opinion of how Cute your child/children are and the opportunity to review and rate how children of other parents rate on the Cuteness scale. VOTEMYBABY.COM RESERVES THE RIGHT TO MAKE CHANGES TO THESE TERMS AND CONDITIONS AT ANY TIME IN THE FUTURE. CONTINUED USE OF OUR PHOTO UPLOAD SERVICE CONSTITUTES YOUR ACCEPTANCE OF ANY SUCH CHANGES. THEREFORE, YOU SHOULD EVALUATE OUR TERMS AND CONDITIONS FROM TIME TO TIME FOR ANY SUCH CHANGES.

1. USER CONDUCT

VoteMyBaby.com is for the personal use of individual members only and may not be used in connection with or for any commercial purpose. Organizations, companies, and/or businesses may not become members of VoteMyBaby.com and should not use the VoteMyBaby.com Service or Site for any purpose. In your use of our Service, you agree to act responsibly in a manner demonstrating the exercise of good judgment. You may not interfere with or damage our Service, violate any applicable laws, use the information available through our Service for unauthorized purposes or infringe upon the rights of any third party through the use of our Service. Illegal and/or unauthorized uses of the Site, including unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

2. PRIVACY

VoteMyBaby.com and its Service are governed by our privacy policy found at: http://www.votemybaby.com/privacy.html

3. MINORS

Our Service is intended for persons 18 years or older and we will not intentionally or knowingly permit anyone under the age of 18 to use our Service. By using VoteMyBaby.com, you represent and warrant that you are 18 years or older, have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

4. USER CONTENT

A. By submitting any content (including without limitation, your photograph, child's photograph or any photograph for which you own rights) to VoteMyBaby.com, you hereby grant us a perpetual, fully-paid, worldwide, irrevocable, non-exclusive, royalty-free right and license to use, copy, reproduce, display, perform, adapt, modify, and distribute such content and information in any form, create derivative works of, incorporate into other works, and grant sublicenses of such content and information in all media now known or hereinafter created, anywhere in the world, and for any purpose.

B. You are solely responsible for any content that you submit, post, pubish, display or transmit via the VoteMyBaby.com Service, to other members or the general public. By using the VoteMyBaby.com Service you agree not to post or submit any content that:

• could be considered offensive to the VoteMyBaby.com family community;
• involves the transmission of unsolicited email or spam;
• is abusive, obscene, libelous, slanderous, threatening or defamatory in nature;
• contains sexually explicit content (including nudity);
• promotes racism, sexisim, hatred or physical harm of against any group(s) or individual(s);
• harasses or advocates such behavior against another person or member;
• provides material that exploits children in a sexual or violent manner;
• glamorizes or otherwise depicts drug (legal or illegal) or alcohol use;
• makes use of offensive language or images;
• characterizes violence as acceptable, glamorous or desirable;
• solicits information for commercial or unlawful purposes from other users;
• promotes an illegal or unauthorized copy of another person’s copyrighted work;
• engages in commercial activities without prior written consent from VoteMyBaby.com.

C. VoteMyBaby.com has no obligation to post any content that you or anyone else submits. In addition you understand that we may edit, remove or delete any content, photos, profiles, or messages that you post or submit (at our sole and unfettered discretion) which may be considered offensive, illegal, violate the rights, threaten or harm the safety of any VoteMyBaby.com members.

D. You may not include in your Public Profile any telephone numbers, street addresses, last names, URL's, or email addresses.

E. You must use the VoteMyBaby.com Service in a manner consistent with any and all applicable laws and regulations.

5. THIRD PARTY CONTENT

In your use of VoteMyBaby.com and its Service, you may access content from third parties ("Third Party Content"), either via our Service or through links to third party web sites or affilitates. We do not control Third Party Content and make no representations or warranties about it. You agree that by using our Service, you may be exposed to Third Party Content that is indecent, offensive, false, or otherwise objectionable. VoteMyBaby.com will not be liable in any way for any Third Party Content, including, without limitation, any inaccuracy or oversight in or realted to any Third Party Content or any loss or damage of any kind incurred as a result of the use of any Third Party Content posted, stored or transmitted via our Service. You agree that you must assess and accept all risks associated with Third Party Content, including without limitation, content and/or profiles of other users of our Service.


8. TERMINATION OF SERVICE

You agree that VoteMyBaby.com, in our sole and unfettered discretion, may terminate your access to our Service for any reason, at any time, without notice, including and without limitation, for the breach of these Terms and Conditions. You agree that all related information and files in such accounts may be lost without warning as a result of breach of this Service. Further, you agree that we will not be liable to you or any third party for any termination of your access to our Service.

9. DISCONTINUANCE OF SERVICE

VoteMyBaby.com expressly reserves the right to modify or discontinue at any time and for any reason, temporarily or permanently, any portion of our Service with or without prior notice to its users or the general public. You agree that VoteMyBaby.com will not be liable to you or to any third party for any modification or discontinuance of our Service.

10. REPRESENTATIONS AND WARRANTIES

By using the VoteMyBaby.com Service you represent and warrant to us that that you have the full power, control and authority to enter into this agreement and perform under these Terms and conditions. You also agree and represent that you have all rights necessary to license the content you submit to VoteMyBaby.com and that the posting and use of your content by us will not infringe or violate the rights of any third party.

11. DISCLAIMER

Use of VoteMyBaby.com and its Service is provided "as-is" disclaiming warranties of any kind. Under no circumstances will VoteMyBaby.com be responsible for any loss or damages resulting from anyone's use of the VoteMyBaby.com or its Service and/or any content posted on theVoteMyBaby.com site or transmitted to VoteMyBaby.com members. Use of the VoteMyBaby.com Service is done at your own risk. You are solely responsible for any loss or damage to you in connection with this Service. VoteMyBaby.com is not responsible for any incorrect or inaccurate content posted on the VoteMyBaby.com or in connection with the photo upload Service, whether caused by users, members or by any of the equipment or programming associated with or utilized in the Service, nor for the conduct of any user and/or member of the VoteMyBaby.com Service whether online or offline. VoteMyBaby.com cannot and does not and does not guarantee or promise any specific results from use of the site and/or the VoteMyBaby.com Service.

12. LIMITATION ON LIABILITY

You agree that in no event shall VoteMyBaby.com be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, or special damages, including also any lost profits arising out of or related to your use of VoteMyBaby.com or its Service, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, VoteMyBaby.com. liability to you or any third party 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 VoteMyBaby.com for our Service during the term of membership.

13. INDEMNITY

You agree to indemnify and hold VoteMyBaby.com, its subsidiaries, affiliates, officers, agents, partners and employees, harmless from any claim, action, liability, loss, damage or suit, arising out of or related to the use of the VoteMyBaby.com Service including reasonable attorney's fees, made by any third party due to or arising out of the use of our Service in violation or breach of these Terms and Conditions of Use and/or any breach of representations by you or provisions set forth.

14. DISPUTES

Disputes arising out of or involving VoteMyBaby.com and/or its Service will be exclusively resolved under binding arbitration held in St. Louis, Missouri before and in accordance with the Rules of the American Arbitration Association, except that we will have the right to seek just relief in accordance with and governed by the laws of the State of Missouri without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the federal and state courts of the State of Missouri, City of St. Louis.

15. MISCELLANEOUS

This Agreement, accepted upon use of the VoteMyBaby.com site and Service further affirmed by becoming a Member of the VoteMyBaby.com Service, contains the entire understanding between all parties regarding the use of VoteMyBaby.com and/or the Service. In the event that any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect.