These Terms and Conditions of Use ("Terms and Conditions") represent a legal agreement between Bellybaloo, Inc. ("Bellybaloo") and you. When you use the website and its services, products, software, tools, applications, email services, bulletin and message boards, chat areas, news groups, forums, communities, calendars, and downloadable mobile applications (the "Site and Services"), you agree to be bound by these Terms and Conditions. This agreement governs your use of the Site, both as a casual visitor and a registered member as described below.
BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. TO THE EXTENT YOU REGISTER ON THE SITE AS A MEMBER, THEN IN ADDITION TO THE TERMS THAT ARE APPLICABLE TO ALL USERS OF THE SITE, THE TERMS THAT APPLY ONLY TO MEMBERS SHALL APPLY TO YOU TOO.
To become a user and access this Site, Bellybaloo requires that you are a person with legitimate, non-commercial reasons to participate in Bellybaloo who agrees to respect the privacy and preserve the dignity of all Bellybaloo participants. To become a member and access the areas on this Site reserved for members (the "Member Areas"), Bellybaloo requires that you are an individual who has received a fetal ultrasound examination who agrees to respect the privacy and preserve the dignity of all community participants
The Site and Services are not intended for individuals under 13 years of age but for adults. By registering as a user or member, you represent that you are age 13 or older.
Bellybaloo understands that information about you and your health is personal, and we are committed to protecting the privacy of that information. Because of this commitment, if you are interested in having Bellybaloo upload diagnostic fetal ultrasound images taken by a health care provider on Bellybaloo's Site, you must register as a member and provide Bellybaloo with a written electronic authorization before any such images are posted. Please read the form carefully before signing.
THE SITE AND SERVICES AS WELL AS ALL OF THE MATERIAL PROVIDED ON THE SITE (SUCH AS TEXT, GRAPHICS, PHOTOGRAPHS, IMAGES, ADVICE, MESSAGES, FORUM POSTINGS, AND ANY OTHER MATERIAL PROVIDED ON THE SITE) ARE FOR INFORMATIONAL PURPOSES ONLY. BELLYBALOO DOES NOT PROVIDE MEDICAL ADVICE NOR DOES THE SITE OR SERVICES CONSTITUTE THE PRACTICE OF MEDICINE, NURSING, OR ANY OTHER HEALTH CARE PROFESSION. BELLYBALOO DOES NOT DIAGNOSE, PRESCRIBE MEDICATION, TREAT, OR GIVE ORDERS NOR DOES BELLYBALOO HAVE ULTIMATE AUTHORITY OVER YOUR CARE.
Any information provided to you by Bellybaloo as a result of your participation in the Site and Services is being provided to you solely for your educational and informational benefit and should not be considered medical advice, diagnosis, treatment or a substitute for professional medical advice. This Site does not interpret medical images, and the availability of images on this Site does not imply that your images have been interpreted by an appropriately trained clinician. If you have a medical question about these images, you should contact your health care provider.
Bellybaloo is not and shall not be considered a health care provider. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR HEALTH OR A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE. SHOULD ANY UNEXPECTED MEDICAL EVENT OCCUR WHILE YOU ARE USING OR ACCESSING THE SITE OR SERVICES HEREUNDER, IMMEDIATELY CALL YOUR DOCTOR OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER OR IMMEDIATELY PROCEED TO YOUR LOCAL EMERGENCY ROOM. BELLYBALOO DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SITE. RELIANCE ON ANY INFORMATION PROVIDED BY BELLYBALOO, BY PERSONS APPEARING ON THE SITE AT THE INVITATION OF BELLYBALOO, OR BY OTHER MEMBERS OR GUESTS IS SOLELY AT YOUR OWN RISK.
When you use the Site and Services and post any information, you are solely responsible for all information and materials you post, upload, transmit, or make available to others using the Site and Services. Bellybaloo is not liable in any way for any such content posted on or made available through the Site and Services, by you or by another contributor or third party. Bellybaloo assumes no responsibility for monitoring the content posted by users for inappropriate or illegal content or conduct. If Bellybaloo chooses at any time, in its sole discretion, to monitor such content, it has the right to edit, refuse to post or remove any content, and it may monitor and/or record your interaction with the Application when you are using the Website or the Application. You hereby consent to such monitoring and recording.
You shall not post or upload any information or other content on the Site that (a) is false, inaccurate or misleading; (b) is obscene or indecent; (c) infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; or (d) is defamatory, libelous, threatening, abusive, hateful, or contains pornography. You shall not interfere with other members' use and enjoyment of the Site (for example, by harassing, threatening, soliciting, overly promoting personal interests, or stalking another participant of a chat room, forum, seminar, or threaded message, including the use of expressions of bigotry, racism, hatred, or profanity). You may not use the Site or Services to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote harm or injury against any group or individual. Bellybaloo users are encouraged to participate in interactive features such as forums and chat rooms. These interactive features allow you to exchange useful information about your condition with others. In order to maintain an educational atmosphere, we ask that you respect the following guidelines:
Bellybaloo prohibits any illegal activities on the site. Do not post any defamatory or obscene material, copyrighted materials of others, material violating anyone's rights of privacy or publicity, or other unlawful material or information. All members represent and warrant that the information they provided when registering as a member, and all information that they subsequently provide regarding themselves and their membership, is true and accurate and not misleading. Bellybaloo has the right to:
You may not use any robot, spider, scraper, or other automated means to access the Site or content or services provided on the Site for any purposes. You may not post content on the Site that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You shall not attempt to make the Site unavailable through denial-of-service attacks or similar means. You shall not use contact information provided by members, or collect information about our members, to facilitate the sending of unsolicited bulk communications such as SPAM or SPIM or allow others use of your membership account to take such actions.
If you are a copyright owner or an agent thereof and believe that any User Submission or other content at this Site infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act ("DMCA") (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Site; (iii) a description of the location on the Site of the allegedly infringing material(s); (iv) your address, telephone number, and email address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written 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.
If a user submission that you submitted has been removed as a result of a notification as described above and you believe that such a user submission or portion of a user submission was posted lawfully, please contact us about our counter-notification procedure through which you can dispute the allegation and request re-posting of the user submission content at issue.
Bellybaloo's designated Copyright Agent for notice of claims of infringement is:
89 Revere St.
Boston, MA 02114
Only notices of alleged copyright infringement and requests about the counter-notification procedures should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Bellybaloo at firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.
You are responsible for maintaining the confidentiality of your member password and login, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your membership privileges may be suspended temporarily or terminated. You agree to immediately notify Bellybaloo of any unauthorized use of your membership password or login or any other breach of security.
Bellybaloo may contain links to other websites that are not under the control of Bellybaloo. These links are provided for your convenience and reference only. The inclusion of any link does not imply endorsement by Bellybaloo of such site and Bellybaloo is not responsible for the content of such linked sites.
You agree that Bellybaloo may limit or terminate your Bellybaloo membership, password, account (in whole or in part) or use of the Site or Services, without prior notice and/or may remove and discard any content within the Site or Services, at any time and for any reason. Without limiting the foregoing, the following may lead to a termination by Bellybaloo of a member's membership and use of the Site: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated membership cancellation), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Bellybaloo has no obligation to maintain, store, or transfer to you information or data that you have posted on or uploaded to the Site.
We reserve the right to modify these Terms and Conditions at any time, and without prior notice, by posting amended terms on this Site. We encourage you to review these Terms and Conditions periodically for any updates or changes, which will have an update effective date.
Membership with Bellybaloo is currently free. Bellybaloo reserves the right to from time to time change the terms of this Agreement and charge for membership and/or to provide additional optional services for a fee.
THE SITE AND THE CONTENT AND SERVICES MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BELLYBALOO DOES NOT MAKE AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SITE, THE SITE CONTENT, OR ANY ADVICE OR SERVICES PROVIDED THROUGH THE SITE TO THE EXTENT PERMITTED BY LAW. BELLYBALOO DOES NOT WARRANT THAT ACCESS TO THE SITE OR ITS CONTENT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.
THE ADVICE, RECOMMENDATIONS, INFORMATION, AND CONCLUSIONS POSTED OR EMAILED BY OTHER MEMBERS OF THE SITE ARE NOT IN ANY WAY VETTED, APPROVED OR ENDORSED BY BELLYBALOO, AND YOU USE SUCH INFORMATION AT YOUR OWN RISK. THE CONTENT OF THE SITE AND ANY ACCOMPANYING MATERIALS ARE NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR TO BE RELIED UPON FOR MEDICAL TREATMENT. BELLYBALOO AND ANY OF ITS PARTNERS, CONTRIBUTORS, AGENTS, EMPLOYEES, DIRECTORS, OR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE ACCURACY, RELIABILITY, USEFULNESS, COMPLETENESS OR TIMELINESS OF THE SITE AND SERVICES OR OF THE INFORMATION MADE AVAILABLE TO YOU OR COMMUNICATIONS PROVIDED TO YOU AS A RESULT OF YOUR PARTICIPATION IN THE SITE AND SERVICES, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BELLYBALOO AND ANY OF ITS PARTNERS, CONTRIBUTORS, AGENTS, EMPLOYEES, DIRECTORS, OR AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES SHALL BELLYBALOO, ITS PARTNERS, CONTRIBUTORS, AGENTS, EMPLOYEES, DIRECTORS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR PUNITVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, HEALTH-RELATED USSUES, LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, OR OTHER INTANGIBLE LOSSES RESULTING FROM (i) YOUR USE OF THIS SITE OR SERVICES OR DUE TO YOUR RELIANCE ON ANY OF THE CONTENT CONTAINED OR THE SERVICES PROVIDED ON THE SITE; (ii) UNAUTHORIZED ACCESS TO, DISCLOSURE OF, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (iv) THE LOSS OF ANY AND/OR ALL DATA, RESULTS, INFORMATION AND/OR ANY OTHER MATERIALS OBTAINED AND/OR STORED THROUGH OR IN CONNECTION WITH THE SITE AND SERVICES OR (V) ANY OTHER MATTER RELATING TO YOUR USE OF THE SITE AND SERVICES.
You agree to indemnify and hold harmless Bellybaloo, its officers, employees, agents, subsidiaries, affiliates, licensors and other partners, from and against any claims, losses, damages, harm, injury, expenses (including reasonable attorneys' fees), actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions, your access or use of the Site or Services or actions related to any alleged invasion of privacy, libel, slander, or defamation arising from or related to disclosure of fetal ultrasound images by Bellybaloo on the Site.
If you register as a member or a user, you agree that Bellybaloo may send notices to you by email at the email address you provide when registering (or which you later update using the functionality of the Site).
These Terms and Conditions shall be governed by the laws of the Commonwealth of Massachusetts and the applicable federal laws of the United States of America. All disputes arising under, or in any way connected with your use of the Site and Services, shall be litigated exclusively in the state and federal courts residing in the Commonwealth of Massachusetts, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in the Commonwealth of Massachusetts.
Bellybaloo® and the Bellybaloo logo are trademarks of Bellybaloo. You agree not to display or use these trademarks in any manner without Bellybaloo's prior, written permission.
Bellybaloo may assign this agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this agreement.
If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.
For any questions or comments, or to report violations of this agreement, let us know, or contact us at:
89 Revere St.
Boston, MA 02114