- Our website located at https://www.baxta.me /the "Site")
- Our mobile application and mobile platforms (collectively, the "App")
- Any online or mobile application feature, product, service, and/or program offered by us (collectively, with the App and the Site, the "Services")
- Third party social media pages that we maintain
- Any email message that we send to you or receive from you, whether or not the email is sent using the Services
- Any other location, occasion, or event where your information is collected by or on behalf of us
- Any account online or user profile ("Profile") you create when you set up a user account to use the App (a "User Account")
These Terms are in effect for all of our Services. These Terms are not applicable to any other web page operated and/or owned by any entity other than Baxta and its affiliates, including, but not limited to, any website, mobile application, blog, forum, or other material operated by any third party identified on the Services. When visiting these third party websites, you should refer to the terms and conditions in effect for the applicable third party owner.
- CONVENIENCE AND INFORMATION ONLY. Subject to these Terms, Baxta hereby grants you a non-transferable, non-exclusive, limited license to use and access the Services solely for your convenience and for your information only. By providing you access to and use of the Services, we do not warrant or represent that: (a) any materials, documents, images, graphics, logos, design, audio, video, and any other information provided from or on the Services (collectively, the "Content") is accurate or complete; (b) the Content is up-to-date or current; (c) we have any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Services will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through the Services is accurate or complete.
- SERVICES USE AND CONTENT. (a) USE OF SERVICES. You may view, download, copy or print a single copy of any page from the Services for personal, non-commercial purposes if you do not remove, modify, or alter any copyright and proprietary rights notices that may be present. You may not otherwise use, modify, copy, print, display, distribute, publish, or sell any information from the Services without our express, prior, written consent. Any special rules for the software, audio files, downloads, and other items accessible through the Services may be included elsewhere in the Services and are incorporated into these Terms by reference. (b) RESTRICTIONS ON USE. You may not: (i) remove or obscure any copyright, trademark, digital watermarks, proprietary legends or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, except as expressly permitted by us; (iii) decompile, reverse engineer, jeopardize the correct functioning of the Services, or disassemble the Services, or otherwise attempt to derive the source code of the software (including the tools, processes, methods, and infrastructure) that enables or underlies the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs, spiders, robot, or scripts or other automatic device or manual process for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services, or the their respective related systems, servers, or networks; (vii) attempt to gain access to secured portions of the Services to which you do not possess access rights; (viii) use the Services to stalk, harass or harm another individual, or in any way that is in violation of any law or regulation; (ix) use the Services to generate unsolicited email advertisements or spam; (x) use any high volume automatic, electronic or manual process to access, search or harvest information from the Services (including without limitations robots, spiders, or scripts); (xi) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (xii) mirror or frame the Services or any Content, place pop-up windows over its pages/screens, or otherwise affect the display of its pages/screens; (xiii) use any trade name, trademark, or brand name of Baxta in meta tags, keywords and/or hidden text; (xiv) use any portion of the Services or the Content in any manner that may give a false or misleading impression, attribution or statement as to us, the owner or any other third party. The Services and all rights therein are and shall remain with Baxta. Baxta may revoke any of the foregoing rights and/or your access to the Services, or any part thereof, including the blocking of your IP address, at any time without prior notice.
- UPDATES. We may make changes to or stop providing the Services and/or the Content at any time and without further notice to you. We will make an effort to update the Services with any changes to these Terms and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
- USER ACCOUNT, PASSWORD AND SECURITY. To the extent that a User Account is created by you to access and use any Service, the following shall apply: (a) USER ACCOUNT. To access certain types of features, the Content, and the User Content available through the Services, we require you to register and create a User Account. If you access the Services through another service, such as Google or Apple (each, an "SNS"), you may link your User Account with an SNS account ("SNS Account") by allowing the Services to access your SNS Account, as is permitted under the applicable terms and conditions that govern your use of each SNS Account. You represent that you are entitled to disclose your SNS Account login information to Baxta and/or grant Baxta access to your SNS Account (including, but not limited to, for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable SNS Account and without obligating Baxta to pay any fees or making Baxta subject to any usage limitations imposed by such third-party service providers. By granting Baxta access to any SNS Accounts, you understand that Baxta may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, messages, tags, and/ or other materials accessible through the Services that you have provided to and stored in your SNS Account ("SNS Content") so that it is available on and through the Services via your User Account and your Profile page. Depending on the SNS Accounts you choose, and subject to the privacy settings of such SNS Accounts, personally identifiable information that you post to your SNS Account may be available on and through your User Account on the Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR SNS ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND BAXTA DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Baxta makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Baxta is not responsible for any SNS Content. If you do not choose to connect your Baxta account with a SNS Account, you may manually create an account. We will ask you to input your first and last name, email, phone number and a password in order to set up your User Account and create your Profile. To use the App, you must provide Registration Data (as defined below). We use reasonable precautions to protect the privacy of your username, password, and User Account information. You, however, are ultimately responsible for protecting your username, password, and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to (i) immediately notify us of any unauthorized use of your username, password, or User Account, or any other breach of security; (ii) ensure that you exit from your User Account at the end of each session; and (iii) use a security passcode to secure your device where the App may be installed or your User Account information is stored. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error. (b) ACCURATE INFORMATION. In creating and using your User Account, you agree to: (i) provide true, accurate, current, and complete information about yourself on any registration form required for the Services, which may include, but is not limited to, your full name, phone number, and email address (such information being the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account. (c) NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and usernames are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Services with his or her username and password. We are entitled to act on all instructions received by anyone using your User Account and you agree that you are solely responsible for any activity that occurs under your User Account. (d) ACCOUNT DEACTIVATION. We reserve the right to deactivate or cancel a User Account and/or your access to the App in our sole discretion, including for the following reasons: (i) you request such deactivation; (ii) you are deceased; (iii) you do not respond to repeated communication attempts regarding the status of your User Account or use of the App; (iv) you reside in or relocate to a country where use of a User Account or the App is prohibited under applicable law; or (v) you act in a fraudulent, inappropriate or illegal manner while using the User Account or the App. (e) PUSH NOTIFICATIONS. We may provide alerts to our users who have set up User Accounts via email, text message, push notification, alert and other messages related to the Services. When creating a Profile, you will be asked to accept or deny push notifications and alerts. If you deny such push notifications and alerts, you will not receive push notifications and alerts from Baxta. If you accept them, the push notifications and alerts will be sent to you. We do encourage users to accept notifications and alerts, which will enhance their experience on Baxta and their use of the Services. You can easily make changes to your preferences by visiting "Settings," "Push Notifications," and you can choose which notifications you would like to turn on or off.
- USER CONTENT. The Services may now or in the future permit the submission of various forms of content submitted by you and other users, such as materials, statements, reviews, ratings, opinions, personal accounts, documents, images, graphics, logos, designs, videos, text files, audio files, and comments (collectively, "User Content") and the hosting, sharing, downloading, publishing and/or republishing of such User Content. You shall be solely responsible for your User Content, and the consequences of posting or publishing it. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content. You acknowledge that Baxta reserves the right to pre-screen User Content and we have the right (but not the obligation) in our sole discretion to refuse, move, and/or remove User Content that is available on or through the Services. Any of your User Content provided by you remains your property. However, by providing your User Content, you grant Baxta a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit the User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services, and Baxta’s business and on third-party sites and services), without further notice to, or consent from, you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (a) you either are the sole and exclusive owner of all of your User Content or you have all rights, licenses, consents and releases necessary to grant Baxta the license to your User Content as set forth above; and (b) neither your User Content nor your submission, uploading, publishing or otherwise making available of your User Content nor Baxta’s use of your User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Baxta in its sole discretion.
- CONNECTIONS USING THE APP. When creating a User Account, you are agreeing to allow anyone you have authorized on the App to view information you have chosen to publish on your calendar or within a group. When you create or join a calendar group, information you have chosen to publish on your calendar will be visible to others in the group. The following information, may be shared about you:
- Profile photo
- Detailed calendar events
- Busy times on your calendar
- Calendar events you have accepted to attend
- Calendar events you have declined to attend
- Co-parenting dates
- OBJECTIONABLE MATERIAL. Our Services are meant to create a friendly community. We do not tolerate negative or malicious activity that is not consistent with our goals of fostering a friendly community and creating positive connections between our users.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICES. BAXTA IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. BAXTA DOES NOT CONTROL USER CONTENT, INCLUDING THE ACCURACY OR COMPLETENESS OF ANY USER’S PROFILE. YOU ACKNOWLEDGE THAT IN USING THE SERVICES AND ACCESSING THE CONTENT AND/OR THE USER CONTENT, YOU MAY ENCOUNTER MATERIAL THAT YOU DEEM TO BE DISTURBING, OFFENSIVE OR OBJECTIONABLE. YOU MAY ENCOUNTER INDIVIDUALS THAT BEHAVE IN WAYS OR HAVE BACKGROUNDS THAT ARE OFFENSIVE TO YOU.
YOU UNDERSTAND THAT BAXTA DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. BAXTA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF THE USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. BAXTA RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CONDUCT ANY CRIMINAL BACKGROUND CHECKS OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME AND USING AVAILABLE PUBLIC RESOURCES. YOU AGREE TO USE THE SERVICES AT YOUR SOLE RISK AND THAT WE SHALL HAVE NO LIABILITY TO YOU FOR MATERIAL THAT MAY BE DISTURBING, OBJECTIONABLE, OR OFFENSIVE TO YOU.If you believe a user is in violation of our Terms, you can "Report" a user by contacting our support team at firstname.lastname@example.org. You will be asked to file a claim via email and will be required to provide specific information in order for our team to review your claim. We make no guarantees that we will take action on your claim. All resolutions regarding claims are at our discretion.
- NOT INTENDED FOR CHILDREN. We do not collect personal information from any person that we know to be under the age of thirteen (13). Specifically, the Services are not intended or designed to attract children under the age of thirteen (13). You affirm that you are more than eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
- DISCLAIMERS. (a) NO WARRANTIES FOR SERVICES. When using the Services, information will be transmitted in such a way that may be beyond our control. As such, we make no warranty concerning the delay, failure, interruption, or corruption of any data, the Content, the User Content, or other information transmitted in connection with the use of the Services.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES, THE CONTENT AND THE USER CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR IMPLIED WARRANTY ORAL OR WRITTEN, OBTAINED BY YOU FROM BAXTA, ITS EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PERSONS WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.
ADDITIONALLY, WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICES, THE CONTENT, AND THE USER CONTENT, OR ANY SERVICES OFFERED IN CONNECTION WITH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE APP, ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT YOUR USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT THE WEB PAGES ON OR THROUGH THE SERVICES, OR THE SERVERS USED IN CONNECTION WITH THE SERVICES, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN RUNNING THE SERVICES.
(b) NO WARRANTIES RELATED TO OTHER USERS. Users of the App are solely responsible for their actions when using the App and the Services, and each user is responsible for his/her own interactions with other Baxta users. You expressly agree that Baxta is not responsible for any liability incurred as a result of interaction between users of the Service or the App. We are not responsible for any actions or activities that occur outside of the App or the Services, even if individuals were introduced while using our App or the Services, and even if the individuals used the App or the Service to share personal information regarding connecting outside of the App or the Services.
(c) INDEMNIFICATION. You agree to defend, indemnify, and hold harmless Baxta and our directors, officers, employees, service providers, partners, licensors, affiliates, contractors, representatives, and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable legal fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties; (iv) any negligent acts, omissions or willful misconduct by you; (v) your access to and use of the Services; (vi) any claim that your User Content caused damage to a third party and/or (vii) your violation of any law or any rights of any third party.
(d) NETWORK ACCESS AND DEVICES. You are responsible for obtaining the data network access necessary to use the Services. If you are accessing the Services on your mobile device, your network’s data and messaging rates and fees may apply. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. Baxta does not guarantee the Services, or any portion thereof, will function on any particular hardware or devices. In addition, all Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
- LIMITATION OF LIABILITY. IN NO EVENT WILL WE OR OUR AFFILIATES, AND ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, ANY CONTENT AND/OR USER CONTENT PROVIDED IN CONNECTION WITH THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR ANY CONTENT AND/OR USER CONTENT PROVIDED THROUGH THE SERVICES. ADDITIONALLY, WE SHALL NOT BE LIABLE FOR NEGATIVE REPERCUSSIONS TO ANY PARTY BASED ON THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, BUT NOT LIMITED TO, LOST GOODWILL OR LOST PROFITS. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability will be limited to the greatest extent permitted by applicable law. These Terms give you specific legal rights. You may also have other rights which vary from one jurisdiction to another.
THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
- THIRD PARTY CONTENT AND THIRD PARTY APPLICATIONS. We may provide hyperlinks to other websites maintained by third parties, or may provide third party content on the Services by framing or other methods (collectively, "Third Party Content"). In addition, the Services may include certain applications, features, programs and services provided by third parties (collectively, the "Third Party Applications"). We do not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. The links to third party websites, any Third Party Content, and any Third Party Applications may be provided for your convenience and information only. The content on any linked website or in any Third Party Application is not under our control and, just as with the Services, we are not responsible for the content of linked websites and/or Third Party Applications, including any further links contained in a third party website. We make no representation or warranty in connection with any Third Party Content or Third Party Applications, which at all times and in each instance is provided "as is." If you decide to access any of the third party websites linked to the Services, any Third Party Content, and/or any Third Party Application, you do so entirely at your own risk. If a third party links or refers to the Services, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not even aware that a third party has linked to or refers to the Services.
- INTELLECTUAL PROPERTY. The Content of the Services is intellectual property owned, controlled and/or licensed by us. All applicable intellectual property laws, including copyright laws, protect our rights in and to the Content. No portion of the Content and/or the User Content may be reproduced in any form or by any means, except as provided in Section 2 (Services Use and Content) and elsewhere in these Terms. We are the copyright owner or authorized licensee of, or are otherwise permitted to use, all trademarks, service marks, and logos used and displayed on the Services. All trademarks and service marks of Baxta that may be referred to on the Services are the property of Baxta, or one of our subsidiaries or affiliates. Other parties’ trademarks and service marks that may be referred to on the Services are the property of their respective owners. Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our, or our subsidiaries’ or affiliates’, trademarks, service marks, or copyrights without our prior written permission. Neither the name of Baxsta, LLC., nor any of our other trademarks, service marks, or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity, or promotional materials of any kind, whether relating to the Services or otherwise, without our prior, written permission, except that a third party website that desires to link to the Services and that complies with the requirements of Section 12 (Third Party Content and Third Party Applications) above may use the name "Baxta" or the title of any Content in or as part of that link.
- identification of the copyrighted work(s) claimed to have been infringed. If multiple copyrighted works, then a representative list of such works on the Services;
- identification of the supposedly infringing material that is to be removed;
- information reasonably sufficient to permit us to locate the material on the Services;
- contact information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, or email address;
- a statement that the complaining party has a good faith belief that use of the material is in fact infringing and/or not authorized by the copyright owner, its agent, or the law;
- a statement that, under penalty of perjury, the information in the notification is accurate and where relevant that the complaining party is authorized to act on behalf of the copyright owner; and
- the signature, physical or electronic, of the copyright owner or a person authorized to act on his or her behalf.
- identification of the supposedly infringing material that is to be removed;
- a statement that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and
- the signature, physical or electronic, of you or a person authorized to act on your behalf.
- TERMINATION OF SERVICE. We may terminate your right to access portions of the Services at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Services, to us, to our partners, to the contributors, to the business of our Internet service provider, or to other information providers. We are not liable for any records of personal information that may have been stored on our servers.
- ADDITIONAL REMEDIES. You acknowledge that your conduct that is inconsistent with the provisions of these Terms may cause us irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that we may seek injunctive or other equitable relief seeking to restrain such conduct without the necessity of proving actual harm or posting a bond.
- GOVERNING LAW, JURISDICTION AND VENUE. You agree that all matters relating to your access to, or use of, the Services shall be governed by the laws of the State of New York. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts in the State of New York, with respect to such matters.
- LOCAL LAWS. We make no representation that Content or materials on the Services are appropriate or available for use in jurisdictions outside the United States. Access to the Services from jurisdictions where such access is illegal is prohibited. If you choose to access the Services from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.
- EXPORT RESTRICTIONS. Any software and all underlying information and technology downloaded or viewed from any Service or in connection with the services (collectively, the "Software or Technical Data") by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use and viewing of the Services, the Content, the User Content, and any of our products or services, including, but not limited to, the Software or Technical Data. Except as authorized by law, you agree and warrant not to export or re-export the Software or Technical Data to any county, or to any person, entity, or end-user subject to U.S. export controls, including, but not limited to, persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
- PROVISIONS RELATING TO APPLE. Although you can download the App through the Apple Store App and use the App on Apple iPhones, iPods, iPads or other Apple devices pursuant to the limited, non-transferable license to use the App on your Apple device, Baxta, and not Apple, is solely responsible for the App and the content of the App. Apple is not responsible for: (1) the content of the App; (2) providing maintenance or support services for the App; (3) any product warranties, whether express or implied by law, or other warranty obligations (except as set forth below); (4) any claims, including product liability claims, losses, liabilities, damages, cost, or expenses attributable to any failure of the App to conform to any warranty or failure to conform to any applicable legal or regulatory requirement, or arising out of consumer protection or other similar legislation; and (5) the investigation, defense, settlement and discharge of any intellectual property claim brought by a third party against you or Baxta. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for the App to you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the App. By agreeing to these terms relating to Apple, you acknowledge and agree that you are only using the App on an Apple device that you own or control, and you are using it as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. You further acknowledge and agree that Apple, and its subsidiaries, will have the right (and will be deemed to have accepted the right) to enforce these terms as a third party beneficiary thereof. You represent and warrant to Apple that (i) you are not located in a country that is subject to a U.S. Government embargo or that is designated as a "terrorist supporting country"; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Your Consent To This AgreementBy accessing and using the Services, you consent to and agree to be bound by these Terms. If we decide to change these Terms or some part of them, we will make an effort to post those changes on this web page and on our App home page so that you will always be able to understand and agree to the terms and conditions governing your use of the Services. Your use of the Services following your acceptance of any amendment of these Terms will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. If you have additional questions or comments of any kind, or if you see anything on the Services that you think is inappropriate, please let us know by sending your comments or requests to:
336A 4th Street
Brooklyn, NY, 11215
Effective as of: April 6, 2020
Last updated: April 6, 202