Terms and Conditions
Agreement between user and NaturallyBorn.net
Welcome to NaturallyBorn.net . The NaturallyBorn.net website (the "Site") is comprised of various web pages operated by Naturally Born®, LLC ("Naturally Born"). NaturallyBorn.net is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of NaturallyBorn.net constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
NaturallyBorn.net is a Forum/Online discussion Site
Naturally Born is a resource for new and expecting to moms to connect with other parents and birth and baby professionals. Naturally Born provides a question-and-answer style forum where parents can ask and answer questions. The site also includes a professional directory with comments and reviews. Professional members can choose to upgrade their presence in our directory by purchasing a paid subscription plan. Additional site resources include blogs, groups, product reviews, and other features still to come. Naturally Born's primary website is tightly integrated with its three Facebook pages: /NaturallyBorn, /NaturallyBornKids, and /NaturallyBornMamas. Content is actively shared among our website and Facebook pages to help Users connect with resources wherever they are.
Visiting NaturallyBorn.net or sending emails to Naturally Born constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Naturally Born is not responsible for third party access to your account that results from theft or misappropriation of your account. Naturally Born and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Naturally Born does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use NaturallyBorn.net only with permission of a parent or guardian.
You may cancel your free account or paid professional subscription at any time. Any cancellations made after 30 days of service will not qualify for a refund. Cancelling an account or paid subscription plan will not delete any content that you have contributed to the site. Any comments, blog posts, personal information, directory listings or other content created or edited by you will remain on Naturally Born, and will be removed solely at the discretion of our editors. Please contact us at info[at]NaturallyBorn.net with any questions.
Links to third party sites/Third party services
NaturallyBorn.net may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Naturally Born and Naturally Born is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Naturally Born is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Naturally Born of the site or any association with its operators.
Certain services made available via NaturallyBorn.net are delivered by third party sites and organizations. By using any product, service or functionality originating from the NaturallyBorn.net domain, you hereby acknowledge and consent that Naturally Born may share such information and data with any third party with whom Naturally Born has a contractual relationship to provide the requested product, service or functionality on behalf of NaturallyBorn.net users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Naturally Born or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Naturally Born content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Naturally Born and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Naturally Born or our licensors except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Naturally Born has no obligation to monitor the Communication Services. However, Naturally Born reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Naturally Born reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Naturally Born reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Naturally Born's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Naturally Born does not control or endorse the content, messages or information found in any Communication Service and, therefore, Naturally Born specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Naturally Born spokespersons, and their views do not necessarily reflect those of Naturally Born.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Your Use of Content and Information -- Disclaimer with Respect to Content
A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials ("Content") is available on Naturally Born. Some of the Content is provided by Naturally Born or its suppliers, and other Content is provided by persons who use Naturally Born ("Users"), such as User opinions and views provided via posts to chat rooms, blogs, bulletin boards, or discussion forums. While Naturally Born strives to keep the Content that it posts on Naturally Born accurate, complete, and up-to-date, Naturally Born cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Naturally Born or its suppliers, or by Users of Naturally Born. Any opinions, advice, statements or other information expressed or made available by Users or third parties, including but not limited to bloggers, are those of the respective User or other third party and not of Naturally Born. Naturally Born does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on Naturally Born.
Naturally Born does not have any obligation to prescreen, edit, or remove any Content provided by Users that is posted on or available through Naturally Born.
Notwithstanding the foregoing, Naturally Born will have the right (but not the obligation), in its sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content.
THE CONTENT AVAILABLE VIA THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER Naturally Born NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE.
SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT.
Materials provided to NaturallyBorn.net or posted on any Naturally Born web page
Naturally Born does not claim ownership of the materials you provide to NaturallyBorn.net (including feedback and suggestions) or post, upload, input or submit to any Naturally Born Site or our associated services (collectively "Content"). By posting, uploading, inputting, providing or submitting your Content you are granting Naturally Born, our affiliated companies and necessary sublicensees permission to use your Content in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Content; and to publish your name in connection with your Content.
By posting, uploading, inputting, providing or submitting your Content you warrant and represent that you own or otherwise control all of the rights to your Content as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Content.
A. Responsibility for Your Content
You alone are responsible for your Content, and once published, it cannot always be withdrawn; you may request that your Content removed, but Naturally Born is under no obligation to grant this request. For example, Content that have been reviewed by other users, and are therefore critical to those users’ Content, are unlikely to be removed. You assume all risks associated with your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of your Content as described herein. You may not imply that your Content is in any way sponsored or endorsed by Naturally Born.
You may expose yourself to liability if, for example, your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
B. Our Right to Use Your Content
We may use your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use your Content for any purpose. Please note that you also irrevocably grant the users of Naturally Born and any Other Media the right to access your Content in connection with their use of Naturally Born and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Naturally Born and its users any claims and assertions of moral rights or attribution with respect to your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of your Content.
As between you and Naturally Born, you own your Content. We own the Naturally Born Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of user Content Content and other NaturallBorn cContent, computer code, products, software, aggregate user review ratings, and all other elements and components of Naturally Born excluding your Content, user Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Naturally Born Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Naturally Born Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Naturally Born Content are retained by us.
Naturally Born and its licensees may publicly display advertisements and other information adjacent to or included with your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
E. Content Feeds
We may make some of the Site Content ("Feed Content") available via syndication with Third Party Partners and RSS/Atom feeds ("Feeds"). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog ("Your Site"), provided that (i) your use of the Feeds is for personal, non-commercial purposes only, (ii) your display of the Feed Content links back to the relevant pages on Naturally Born's websites, and attributes Naturally Born as the source of the Feed Content, (iii) your use or display of the Feed Content does not suggest that Naturally Born promotes or endorses any third party causes, ideas, websites, products or services, including Your Site, (iv) you do not redistribute the Feed Content, and (v) your use of the Feeds does not overburden Naturally Born's systems. Naturally Born reserves all rights in the Feed Content and may terminate the Feeds at any time. Please select "Partnerships" on our contacts page here to inquire about other possible uses of the Feeds.
No compensation will be paid with respect to the use of your Content, as provided herein. Naturally Born is under no obligation to post or use any Content you may provide and may remove any Content at any time in Naturally Born's sole discretion.
G. Facebook and Social Media
Naturally Born reserves the right to repost your Content on our related Facebook pages, Facebook applications, and other social media accounts. Because your Content may contain personally identifiable information, this information may also appear then the content is republished via one of these networks.
User Content (including any that may have been created by users employed or contracted by Naturally Born) does not necessarily reflect the opinion of Naturally Born. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. We have no obligation to retain or provide you with copies of your Content, nor do we guarantee any confidentiality with respect to your Content.
Third Party Accounts
You will be able to connect your Naturally Born account to third party accounts. By connecting your Naturally Born account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Naturally Born from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Naturally Born Content accessed through NaturallyBorn.net in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Naturally Born, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Naturally Born reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Naturally Born in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NATURALLY BORN, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
NATURALLY BORN, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. NATURALLY BORN, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Naturally Born reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Naturally Born as a result of this agreement or use of the Site. Naturally Born's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Naturally Born's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Naturally Born with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Naturally Born with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Naturally Born with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Naturally Born reserves the right, in its sole discretion, to change the Terms under which NaturallyBorn.net is offered. The most current version of the Terms will supersede all previous versions. Naturally Born encourages you to periodically review the Terms to stay informed of our updates.
Naturally Born welcomes your questions or comments regarding the Terms:
Naturally Born®, LLC
P.O. Box 21
Alamo CA 94507
Effective as of June 01, 2013