Terms of Use

By accessing and using the Services, you agree to be bound by these Terms and you are consenting to (or promising that you have obtained appropriate consent for) the collection and use of personal information by us in accordance with the Privacy Policy. If you do not agree to be bound by these Terms, you are not permitted to use the Services.

We may update and change these Terms or the Privacy Policy from time to time. If we make any substantial changes, we will notify registered Users by e-mail at the address on file with us and/or post a notice of the changes on the Website. Continued use of the Service after any such changes shall constitute your consent to such changes. You are responsible for regularly reviewing the most current version of this Agreement. Some of our Services may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Services, and these Terms will automatically apply to such upgrades.

1. Using babylink®

1.1 You must be at least 18 years of age to use the Services. Access to the Services may be denied without warning if we believe that you are less than 18 years of age. By using the Services you declare and represent that you are at least 18 years of age and that you have full legal capacity to complete such contractual action without need for any additional approvals or consents.

1.2 Access to the Services is limited to female users. By using the Services you declare and represent that you are female and agree to provide additional identity verification as requested by babylink®.

1.3 Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services on devices that you own or control and as permitted by these Terms. Commercial use of the Services is not allowed.

1.4 All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of babylink® and its licensors. babylink® reserves all rights not expressly granted to you. The Services are protected by copyright, trademark, and other laws of both Switzerland and foreign countries. Nothing in the Terms gives you a right to use the babylink® name or any of the babylink® trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding babylink®, 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.

1.5 We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe that you have violated these Terms, or you create risk or possible legal exposure for us, or 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 the Services.

2. Content

2.1. babylink® allows you to post content, including texts, photos, videos, comments, links, and other materials in accordance with these Terms. Any such content posted or otherwise made available by users of our Services is referred to as "Content." You retain all rights in the Content you post.

2.2. babylink® or its licensors or partners own the intellectual property rights in the content and materials comprising the Services, and all content and materials generated within the Services (the “Babylink-Owned Content”). You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any Babylink-Owned Content unless explicitly authorized in these Terms or by the owner of the Babylink-Owned Content.

2.3. You are responsible for your use of the Services, for any use of the Services associated with your account, for any Content you post, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. Only provide Content that you are comfortable sharing with others under these Terms.

2.4. We reserve the right, but shall be under no obligation to, review any Content and decide, in our sole discretion, whether such Content is appropriate and complies with these Terms. We may remove or modify any Content and/or terminate your access for uploading Content at any time without prior notice and in our sole discretion.

2.5. Other users may flag or report your post and/or comments, and the moderators may act on such report by removing the content and/or ejecting without prior notification the user who provided the offending content. Moderators have the right to eject users who violate the Terms without prior notification. Notwithstanding the foregoing, babylink® shall not be under an obligation to use moderators or continue to moderate the Services once moderation has begun.

2.6. You grant babylink® a non-exclusive, royalty-free, transferable, sublicensable, perpetual, irrevocable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your Content on babylink® solely for the purposes of operating, developing, providing, and using the babylink® Services. Nothing in these Terms shall restrict other legal rights babylink® may have to Content, for example under other licenses. This license shall survive the termination of your use of the Services. You represent and warrant that you have the right, power, and authority to post your Content and to grant the license specified above. You further represent and warrant that by posting such Content, you will not violate third party rights of any kind.

3. Security and Backup Policies

You are responsible for maintaining the security of your account and Content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with the Services. You agree to immediately notify us in writing of any unauthorized uses of your account or any other breaches of security. babylink® cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

babylink® has implemented commercially reasonable technical and organizational measures designed to secure your personal information and Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information or Content for improper purposes. By using the Services, you acknowledge that you provide your personal information, or information about the entity that you represent, at your own risk.

4. User Responsibilities

4.1. Users are prohibited from posting consent that: Is sexually explicit or pornographic, exploits or presents minors in a sexual way, or promotes sexual services; Creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes, encourages or celebrates harm; Promotes self-harm, eating disorders or hard drug abuse; Attacks, bullies or harasses nonpublic individuals; Includes hate speech, extremism, racism, or swear words; Is gratuitously violent or gory; Infringes anyone's intellectual property, copyright, privacy or other rights; Is fraudulent or deceptive; Includes someone else's personal information or requests a minor's personal information; Impersonate others in a manner that does or is intended to mislead, confuse, or deceive others; Contains an individual’s private and confidential information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission; Contains direct, specific threats of violence against others; Contains any information or content that’s illegal or against public morals; or Violates these Terms.

4.2. Users may not engage in the following activities: Use babylink's name, logo, trademark or branding without our explicit consent; Use the Services on a mobile device that you do not own or control; Distribute or make the Services available over a network where it could be used by multiple devices at the same time; Rent, lease, lend, sell, redistribute or sublicense the Services; Copy; decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof; Access, tamper with or use non-public areas of the Services, our systems or our technical providers' systems; Break or circumvent our security measures or otherwise test the vulnerability of our systems or networks; Use any method to access, search, scrape, download or change the Services; Post commercial messages in posts, photos, comments, descriptions, etc., or try to artificially boost views, subscribers, comments or other metrics; Use meta tags, hidden text or metadata with our trademark, logo, URL or product name without our written consent; Use information from a Service user to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered source-identifying information; Try to interfere with any user of the Service, host or network, for example by sending a virus, overloading, spamming or mail-bombing; Collect, store or distribute personally identifiable information from the Services or its users without their permission; Impersonate or misrepresent your affiliation with any person or entity; Do anything that violates applicable law or regulations; Share your password, let anyone access your account or do anything that might put your account at risk; Sell your username or otherwise transfer it for compensation; Create or show ads that look like or could be confused with the Services content; Encourage or help anyone do any of the things on this list; Use our Service for any unlawful purposes or in furtherance of illegal activities;

4.3. Abuse and Spam

4.3.1. babylink® strives to protect its users from abuse and spam. User abuse and technical abuse are not tolerated on the Service, and may result in permanent suspension. Any accounts or users engaging in the activities specified below may be subject to permanent suspension. Notwithstanding the foregoing, babylink® shall not be under an obligation moderators or monitor the Services.

4.3.2. You may not create multiple accounts for disruptive or abusive purposes, or with overlapping use cases. Mass account creation may result in suspension of all related accounts. Please note that any violation of the Terms may become cause for permanent suspension of all accounts.

4.3.3. You may not engage in targeted abuse or harassment, engage in username squatting, promote invitation spam, selling usernames, promote malware/phishing, send spam and in other ways violate the Terms.

5. Third-Party Links, Sites, and Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that babylink® is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. babylink® does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. Information displayed by any services is for general informational purposes only and is not intended to be relied upon as professional advice.

6. Copyright and Trademark policy

6.1. We respect the intellectual property rights of others and expect users to do the same. It is babylink's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

6.2 If you are a copyright owner, or are authorized to act on behalf of one, or are authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Services by contacting us. Upon receipt of such notice, babylink® will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material. A notification of claimed copyright infringement should be emailed to info@babylinkapp.com (subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at:

Intervale GmbH
Inselweg 38
8640 Hurden
Switzerland

To be effective, the notification must be in writing and contain the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest. A description of the copyrighted work or other intellectual property that you claim has been infringed. A description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Services. Your address, telephone number, and email address. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

6.3. We respect the trademark rights of others. Users with usernames, or any other content that misleads others or violates another's trademark may be updated, transferred or permanently suspended without notice.

6.4. If you are concerned that someone may be using your trademark in an infringing way on our site or in the App you can let us know by contacting us through email. We will review your submission and take whatever action, in our sole discretion, it deems appropriate, including temporary or permanent removal of the trademark. To reach us with your concerns, you may email us at info@babylinkapp.com.

7. Indemnity You agree to indemnify and hold harmless babylink® and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to your access to or use of our Services, your Content, your violation of any third party right, or your breach of any of these Terms.

8. Liquidated Damages You agree that if you have misrepresented your identity or used babylink® for any purpose that violates these Terms, you may be liable for liquidated damages in the amount of CHF 10,000. You further expressly agree that this amount of liquidated damages represents a fair, reasonable and appropriate estimate of actual damage to the reputation and integrity of the babylink® Services.

9. Disclaimers

9.1. The Services and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.

9.2. babylink® specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.

9.3. babylink® takes no responsibility and assumes no liability for any Content that you or any other user or third party posts or transmits using our Services. You understand and agree that you may be exposed to Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that babylink® shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.

9.4. babylink® makes no warranty and disclaim all responsibility and liability for: the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from babylink® or through the Services, will create any warranty not expressly made herein.

10. Limitation of Liability

10.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, babylink® SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL babylink'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED ONE HUNDRED SWISS FRANCS (CHF 100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

10.2. IN NO EVENT WILL babylink BE LIABLE FOR THE REMOVAL OF OR DISABLING OF ACCESS TO ANY SERVICES. babylink MAY ALSO IMPOSE LIMITS ON THE USE OF OR ACCESS TO CERTAIN SERVICES, IN ANY CASE AND WITHOUT NOTICE OR LIABILITY.

11. Arbitration

11.1. For any dispute you have with babylink®, you agree to first contact us and attempt to resolve the dispute with us informally. If babylink® has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers' Arbitration Institution in force on the date on which the Notice of Arbitration is submitted in accordance with these Rules.

The number of arbitrators shall be 1 (one).

The seat of the arbitration shall be Zurich, Switzerland.

The arbitral proceedings shall be conducted in german.

11.2. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.

11.3. All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's claims. You agree that, by entering into these terms, you and babylink® are each waiving the right to a trial by jury or to participate in a class action.

12. Governing Law and Jurisdiction

12.1. Our Services are controlled and operated from Switzerland, and we make no representations that they are appropriate or available for use in other locations. International users agree to comply with all local laws regarding online conduct and acceptable content.

12.2. These Terms shall be governed by the laws of Switzerland. We each agree to submit to the ordinary courts of Hoefe, Switzerland for any actions not subject to Arbitration. Your use of the Services may also be subject to other local, state, national, or international laws and you are responsible for compliance with local laws.

13. Miscellaneous

13.1. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by babylink® without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

13.2. You may not use or otherwise export or re-export the Services except as authorized by Swiss law. You also agree that you will not use these products for any purposes prohibited by Swiss law.

13.3. These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with babylink® in connection with the Services, shall constitute the entire agreement between you and babylink® concerning the Services. If any provision of these Terms is deemed invalid, 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.

13.4. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and babylink's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

13.5. The provisions of these Terms that by their terms may survive termination of your use of the Services, shall continue in force and effect after such termination.