The following Terms and Conditions govern your use of the
BabyJellyBeans.com Web site. By using, visiting, or browsing the BabyJellyBeans.com Web site, you accept and agree to
be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you should not use the
BabyJellyBeans.com Web site.
Changes to Terms and Conditions
BabyJellyBeans reserves the right, from time to time, with or without notice to you, to change these Terms and
Conditions at our sole discretion. The most current version of the Terms and Conditions will supercede all previous versions. Your use of
the BabyJellyBeans.com Web site after changes are made means that you agree to be bound by such changes.
to understand our practices
You can find the specific information regarding your membership with BabyJellyBeans.com at anytime by signing into your account and clicking on Membership Information located in your Account Manager.
Free Trial Subscriptions
We encourage the use of our service through an initial 1 month free trial period.
Free trials are only available to first time subscribers of the BabyJellyBeans.com and cannot be combined with any other offer.
Only one free trial subscription is permitted per subscriber.
Upon registering for your free trial, your billing address and credit card information will be required.
However, no charges will be made against your credit card unless you do not cancel prior to the end of your 1 month free trial period.
Your free trial subscription entitles you, during the term of your free trial, to the same service provided to our paying subscribers.
BabyJellyBeans will begin billing your credit card for the subscription package offered at the end of your free trial period unless you cancel prior to the end of your free trial.
PLEASE NOTE: YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL OFFER TO AVOID CHARGES TO YOUR CREDIT CARD.
IF YOU DO NOT CANCEL YOUR SUBSCRIPTION WITHIN THE 1 MONTH FREE TRIAL PERIOD, UPON THE END OF THE FREE TRIAL PERIOD,
YOU WILL BE CHARGED THE MEMBERSHIP SUBSCRIPTION FEE, WHICH IS NON-REFUNDABLE. TO CANCEL YOUR SUBSCRIPTION,
PLEASE FOLLOW THE INSTRUCTIONS SET FORTH UNDER THE HEADING "CANCELLATION" BELOW.
BabyJellyBeans will continue to charge your credit card on a recurring basis until you cancel your subscription.
The BabyJellyBeans membership subscription is a monthly or yearly, auto-renewing subscription that allows members
to use our software to build, maintain and share their website. Such a subscription is cancelable at anytime.
Click the Membership Information under the Account Manager for cancellation instructions.
As a subscriber to BabyJellyBeans, you agree that we are permitted to charge your credit card a monthly or annual subscription
fee and any other charges you may incur in conjunction with your use of BabyJellyBeans.com. The subscription fee will be billed in
advance at the end of your free trial period, and we will automatically charge your credit card each month or year thereafter on the
calendar day corresponding to the commencement of your membership.
Next Billing Date
In the event your membership began on a day not contained in a given month, we will bill your credit card on the last day of such month. For example, if you became a member on January 31st, your card would be billed on February 28th.
Fees and Charges
All fees and charges are nonrefundable. We may change the fees and charges in effect, or add new fees and charges from time to time in our sole discretion, but we will give you advance notice of these changes by email to the email address you have provided us. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your credit card information by clicking on Billing Information located under Manage Your Account in your Account Manager.
Your BabyJellyBeans subscription will be automatically renewed on a monthly or annual basis, depending on your subscription.
For your convenience, we will charge the subscription fee to the credit card you provide to us during registration (or to a different credit card
if you change your billing information). Your subscription to BabyJellyBeans.com will automatically renew for successive subscriptions,
without prior notice to you, unless and until you cancel your membership or we terminate it for you. You must cancel your
membership before it renews in order to avoid charges to your credit card.
As noted above, you may cancel your subscription to BabyJellyBeans.com at anytime. To cancel, click Manage Your Account
in your Account Manager, click Membership Information, and follow the instructions. BabyJellyBeans does not provide
refunds or credits for any partial monthly or annual subscription periods. Upon cancellation, any unredeemed special offers
will be forfeited. You will also be given 10 days to update credit card
information when your card, for whatever reason, is no longer able to accept recurrent billing for the agreed service of
the site. Upon cancellation, your website will become "inactive", thus not accessible via the Internet.
BabyJellyBeans is not responsible for the return of, or establishing access to your data, by any means, after
The BabyJellyBeans Web site allows you and other third parties to post information and comments on Web sites hosted by BabyJellyBeans. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the BabyJellyBeans.com Web site are those of the respective authors or producers and not of BabyJellyBeans or its shareholders, directors, officers, employees or other affiliates. Under no circumstances shall BabyJellyBeans or its shareholders, directors, officers, directors, employees or other affiliates be held liable for any loss or damage caused by your reliance on information obtained through the BabyJellyBeans.com Web site and hosted Web sites. It is your responsibility to evaluate the information, opinion, advice, or other content available through the BabyJellyBeans.com Web site and hosted Web sites.
We permit you to post comments on BabyJellyBeans.com Web sites and provided that the content is not illegal, obscene,
threatening, defamatory or otherwise objectionable to us. In posting such content, you agree not to use a false e-mail
address or otherwise mislead us or others regarding the origin of such content. We do not regularly review the content
posted on BabyJellyBeans.com Web sites; however, we reserve the right to remove or edit such content at anytime
Your are solely responsible for any data, text, software, music, audio, photographs, graphics, video, messages, files or
other materials ("Content") which is transmitted, posted, or distributed by you through our service, including but not
limited to the contents of your e-mail communications, information, photos or images posted to your website.
All Content posted by you, is your sole responsibility. BabyJellyBeans.com does not control the Content posted by users
such as yourself via our services and, as such, does not guarantee the accuracy, integrity or quality of such Content.
By using BabyJellyBeans.com you understand and agree that you may be exposed to Content posted by other users that
may be offensive, indecent or objectionable. Under no circumstances will BabyJellyBeans.com be liable in any way for any
Content posted by any user or third party, including, but not limited to, liability for any errors or omissions in any
Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise
transmitted via our services.
Your Conduct on the BabyJellyBeans.com Web Site
Unacceptable actions and content as determined by us in our discretion, will constitute grounds of blocking your
access to our service, removal of posted material and non-fulfillment of your order. As condition of your use of
this service, you may NOT
- Upload, post, email or otherwise transmit any Content that is unlawful, defamatory, obscene, vulgar, invasive
of another's privacy or rights of publicity, hateful, or otherwise objectionable in our estimation.
- Upload, post, email or otherwise transmit any Content that you do not have a legal right to transmit (such as
a proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure
agreements) any content that infringes any patent trademark, trade secret, copyright or other proprietary rights of
- Harm minors in any way.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through
- Interfere with our disrupt (or attempt to interfere with or disrupt) this site or servers or networks connected
to this site, or disobey any requirements, procedures, policies or regulations of networks connected to this site.
- Exhibit expressions of abuse, offensive language and imagery, obscenity, or pornography, including but not limited
to child abuse, child pornography or depictions of minors engaged in sexual conduct.
- Impersonate any other person while using the BabyJellyBeans.com Web site, conduct yourself in a vulgar or
offensive manner while using our service, or use the BabyJellyBeans.com Web site for any unlawful purpose.
- Transmit any material sent from an anonymous or false address.
BabyJellyBeans registers domain names as a service to its members and are registered
through an ICANN accredited registrar. The domain registration fee is separate from
the BabyJellyBeans membership subscription fee. Once registered, a domain name cannot
be changed and the registration fee is non-refundable. A member must have a BabyJellyBeans
website prior to registering a domain name through our website. Domain names are only
linked to BabyJellyBeans websites. We do NOT take requests to change settings to the
DNS or MX records. Once your domain name is registered, or renewed, you will be charged
the registration fee for the term you specify.
ICANN Registrant Rights and Responsibilities
BabyJellyBeans will notify you in advance by email at the email address you have provided us of your upcoming domain expiration. During this time, you will have the option to renew your domain name for another specified term. PLEASE NOTE THAT IF YOUR DOMAIN NAME EXPIRES AND BECOMES AVAILABLE, BABYJELLYBEANS IS NOT RESPONSIBLE FOR THE LOSS OF YOUR DOMAIN NAME DUE TO REGISTRATION BY A THIRD PARTY.
If you do not renew your domain name prior to the expiration date, your domain will go into
a 30-day redemption period during which time you may pay BabyJellyBeans a redemption fee of $150 to
redeem your domain name. If you do not redeem your domain name prior to the end of the redemption
period, the Registry will release your name and it will become available for registration on a
If your domain name has expired and is not renewed, your website will no longer be accessible through your personal domain
name. However, your website may still be accessible through your BabyJellyBeans URL or through the website search
on the BabyJellyBeans homepage.
If you would like to transfer your domain name to another registrar, please send an email request to firstname.lastname@example.org
. Domain transfers can take up to 30 days
to complete. BabyJellyBeans charges $25.00 (USD) to transfer a domain to another registrar. BabyJellyBeans is not responsible for domain
names after the transfer has been completed.
The BabyJellyBeans standard monthly subscription includes 2 GB of storage space for your uploaded content.
This includes photos, videos, audio and other images that a member can upload to their website.
BabyJellyBeans stores the original version of your uploaded file which counts towards your total disk space usage.
Depending on the camera, a digital photo can range from 500 KB to 10 MB in size. High Mega-pixel digital photos will consume more of your storage space.
If your website exceeds your disk space limit, you can purchase more storage space by clicking the link on your Website Manager.
If you have been a BabyJellyBeans member for one year (365 days) and your
website has been online for one year (365 days), you are eligible for a
complimentary Keepsake CD. Periods between cancellation and re-activation
do not apply to your total active membership period. Only websites which
have been online for a total of 365 continuous days qualify for a complimentary
Keepsake CD. The free trial month is included in the calculation.
Your website on Keepsake CD will look exactly like your website online.
It will include all photos, high-resolution photos, video, audio and
content. We will notify you by email when your Keepsake CD has been completed and
is in the mail. In the meantime, refrain from making any updates or
changes to your website. BabyJellyBeans is not responsible for your
content, and any changes you make after your Keepsake CD has been ordered
may or may not appear on your Keepsake CD website.
Private Entries, Guestbook & Third-party software
All private entries such as in your guestbook or journal will not be
displayed in your Keepsake CD. The guestbook submit button will be
disabled in your Keepsake CD website preventing new guestbook entries. Any
third-party software you are using on your website, such as counters and
tickers, may not function properly if at all.
Please allow two weeks from the time of order to complete and mail your
Keepsake CD. Members outside the United States may experience a longer
wait due to international delivery. Domestic Keepsake CDs are delivered
via First-Class U.S. mail. International orders are sent via Standard Air
delivery. We will notify you via email when your Keepsake CD has been
Keepsake CDs are non-transferable and non-refundable. BabyJellyBeans is
not responsible for lost, stolen, or damaged items due to shipping.
Keepsake CDs are produced from the member website "as-is". BabyJellyBeans
makes no guarantees as to the accuracy or correctness of your Keepsake CD
BabyJellyBeans websites on Keepsake CD are for personal and archival use
only. All website designs, images and artwork are under copyright law and
shall not be transferred, reproduced, sold, advertised, or used for
commercial purposes in any way.
Disclaimers of Warranties and Limitations on Liability
THE BABYJELLYBEANS.COM WEB SITE AND ITS CONTENTS AND SERVICES, INCLUDING ALL TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN "AS IS" AND ďAS AVAILABLE BASIS,Ē AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE BABYJELLYBEANS.COM WEB SITE OR ITS CONTENTS AND SERVICES, INCLUDING ANY CONTENT OR SERVICES MADE AVAILABLE THROUGH THIRD-PARTY SOFTWARE PROVIDERS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE BABYJELLYBEANS.COM WEB SITE, ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE ELECTRONIC TRANSMISSION OR SHIPMENT OF PHOTOS, DELIVERY OF ANY CONTENT CONTAINED ON THE BABYJELLYBEANS.COM WEB SITE, ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE BABYJELLYBEANS.COM WEB SITE, OR ANY CONDUCT BY USERS OF THE BABYJELLYBEANS.COM WEB SITE. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENTM, AS WELL AS REPRESENTATIONS AND WARRANTIES OF TITLE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. FURTHERMORE, BABYJELLYBEANS.COM CANNOT GUARANTY THAT THIS WEBSITE WILL BE SAFE OR SECURE FROM COMPUTER VIRUSES AND OTHER OPERATING PROBLEMS. YOU ASSUME COMPLETE RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE AND ANY AND ALL SITE-RELATED SERVICES. IF YOU ARE DISSATISFIED OR HARMED BY BABYJELLYBEANS.COM OR ANY OF THE SERVICES, YOU MAY CEASE USING OUR SERVICES AND TERMINATE YOUR SUBSCRIPTION, AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA OUR SITE IS ACCURATE, COMPLETE OR CURRENT.
IN PARTICULAR, YOU, THE USER, UNDERSTAND AND AGREE THAT THE SUBMISSION OF FILM OR ANY DIGITAL IMAGE TO THE BABYJELLYBEANS.COM WEB SITE, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH BABYJELLYBEANS.COM SERVICE IS DONE AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR FILM OR IMAGE AND YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL.
BABYJELLYBEANS.COM SHALL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY ACTIONS TAKEN, EITHER WHOLLY OR IN PART, BASED ON THE INFORMATION PROVIDED ON THIS WEBSITE. IN PARTICULAR, BABYJELLYBEANS.COM CANNOT CONTROL, AND IS NOT RESPONSIBLE FOR, HOW THIRD PARTIES MAY USE ANY CONTENT YOU POST ON OUR WEBSITE
IN NO EVENT SHALL BABYJELLYBEANS.COM OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR OTHER AFFILIATES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THIS WEBSITE OR THROUGH BABYJELLYBEAN.COMíS OTHER SERVICES IN AN AMOUNT GREATER THAN THE LESSER OF (I) THE DOLLAR AMOUNT YOU HAVE PAID BABYJELLYBEANS.COM IN THE PAST [THREE] MONTHS AND (II) ONE HUNDRED DOLLARS ($100). BY USING THE SERVICES ON THIS WEBSITE, YOU AGREE THAT THIS IS A FAIR ALLOCATION OF RISK BASED UPON THE MANNER AND COST BY WHICH BABYJELLYBEAN.COMíS SERVICES ARE PROVIDED TO YOU, AND TAKING INTO ACCOUNT YOUR ABILITY TO TAKE OTHER MEASURES OR CONSULT OTHER RESOURCES IN CONNECTION WITH PURCHASING SERVICES ONLINE.
FURTHERMORE, NEITHER BABYJELLYBEANS.COM NOR ANY OF OUR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR OTHER AFFILIATES SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
By utilizing the services on this website, you agree to indemnify, defend and hold harmless BabyJellyBeans.com and our shareholders, directors, officers, employees and affiliates, and third-party information providers to our services, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting in any way from any violation of these terms, your misuse of this website or any activity related to your account by you or any other person accessing the service using your account. BabyJellyBeans.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defense.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information
owned or controlled by someone else without obtaining the prior written consent of the owner of such proprietary rights.
All content included on the BabyJellyBeans.com Web site, including text, graphics, logos, designs, photographs, button
icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of BabyJellyBeans
or its suppliers and is protected by United States and international copyright laws. The compilation of all content on
this site is the exclusive property of BabyJellyBeans and protected by U.S. and international copyright laws. They may
not be reproduced or used without express written permission from BabyJellyBeans.com.
BabyJellyBeans is a registered trademark of BabyJellyBeans.
All BabyJellyBeans.com graphics, logos, page headers, button icons, scripts and service names are trademarks or
trade dress of BabyJellyBeans BabyJellyBeans' trademarks and trade dress may not be used in connection with any product
or service that is not BabyJellyBeans', in any manner that is likely to cause confusion among customers, or in any
manner that disparages or discredits BabyJellyBeans. All other trademarks not owned by BabyJellyBeans that appear on
the BabyJellyBeans.com Web site are the property of their respective owners, who may or may not be affiliated with,
connected to, or sponsored by BabyJellyBeans. Any images of persons or personalities contained on the BabyJellyBeans.com
Web site shall not be an indication of endorsement of any particular product or our service unless otherwise specifically
Use of Information Submitted
BabyJellyBeans is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to the BabyJellyBeans.com Web site about or products and services without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the BabyJellyBeans.com Web site or other Web sites.
WE RESPECT THE PRIVACY OF OUR CUSTOMERS AND WILL NOT USE ANY CONTENT CUSTOMERS SUBMIT TO OUR WEBSITE WITHOUT THE EXPRESSED CONSENT OF THE CUSTOMER.
You must be 18 years of age or older to use the BabyJellyBeans services. Unless otherwise specified, the content on the BabyJellyBeans.com Web site is for your personal and non-commercial use and we grant you a limited license to access the BabyJellyBeans.com Web site for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the BabyJellyBeans.com Web site without our express written consent. Any unauthorized use of the BabyJellyBeans.com Web site or its contents will terminate the limited license granted by us.
We reserve the right to terminate or restrict your use of our services, without notice, for any or no reason whatsoever.
Governing Law and Resolution of Disputes
The BabyJellyBeans.com website and other services are operated and provided in the State of California in the United States of America. BabyJellyBeans is therefore subject to the laws of the State of California, and the laws of the State of California will govern these Terms and Conditions, without giving effect to any choice of law rules or the United Nations Convention on Contracts for the International Sale of Goods. BabyJellyBeans makes no representation that this website or other services are appropriate, legal or available for use in other jurisdictions. Accordingly, if you choose to access this website or other services, you agree to do so subject to the internal laws of the State of California. You are in the best position to know whether your use of this website or other services may be prohibited or restricted by local laws in your location, and therefore you are responsible for compliance with any such laws. In addition, by using this website or any of its services, you submit to the exclusive jurisdiction of the State of California and federal courts having jurisdiction in the City and County of San Francisco, State of California, and you waive any jurisdictional, venue or inconvenient forum objections to such courts. ANY DISPUTES SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION UNDER THE RULES AND AUSPICES OF THE AMERICAN ARBITRATION ASSOCIATION, TO BE HELD IN SAN FRANCISCO, CALIFORNIA, IN ENGLISH, WITH A WRITTEN DECISION STATING AND LEGAL REASONING ISSUED BY THE ARBITRATOR(S) AT EITHER PARTYíS REQUEST, AND WITH ARBITRATION FEES AND REASONABLE ATTORNEYSí FEES OF BOTH PARTIES TO BE BORNE BY THE PARTY THAT ULTIMATELY LOSES. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY OBTAIN INJUNCTIVE RELIEF (PRELIMINARY OR PERMANENT) AND ORDERS TO COMPEL ARBITRATION OR ENFORCE ARBITRAL AWARDS IN ANY COURT OF COMPETENT JURISDICTION.
These Terms and Conditions constitute the entire agreement and understanding between us regarding the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms and Conditions. If any provision of these Terms and Conditions shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum permissible extent. BabyJellyBeans' failure to enforce any right or provision in these terms of service shall not constitute a waiver of such right or provision or of any other rights or provisions in these terms of service. You agree that this agreement and any other agreements referenced herein may be assigned by BabyJellyBeans.com in its sole discretion to a third party in the event of the acquisition of BabyJellyBeans or its business by such third party, whether by merger, consolidation or otherwise. This agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us relating to your participation in any other program or service offered by BabyJellyBeans.com.
BabyJellyBeanís services can only work properly if utilized as intended. If you believe that any third party is violating these Terms and Conditions or otherwise undermining the effectiveness of the BabyJellyBean.com services, we encourage you to report such violations or other actions to us at email@example.com.
If you have any inquiries regarding these Terms and Conditions or this website in general, please contact us at babyjellybeans.com/contact