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Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this Site, you signify your agreement to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this Site.

Virtua may revise and update these Terms and Conditions at any time. Your continued usage of the VirtuaBaby.org will mean that you accept those changes.

Summary of terms and conditions:

  1. This site does not provide medical advice.
  2. You are responsible for protecting your password.
  3. All material on VirtuaBaby.org is copyright protected.
  4. The use of VirtuaBaby.org and the Content is at your own risk.
  5. The personal information you submit to VirtuaBaby.org is governed by the VirtuaBaby.org Privacy Policy
  6. You agree to only post or upload Media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and licenseand which do not violate trademark, copyright, privacy or any other rights of any other person.
  7. You are using the VirtuaBaby.org’s blogs and forums at your own risk and you, along with your healthcare provider, are personally responsible for verifying its suitability for your needs. The information you submit is not treated or maintained as Personal Health Information.
  8. VirtuaBaby.org may provide links to third-party Web sites. VirtuaBaby.org does not recommend or endorse the content on any third-party Web sites. Your use of third-party Web sites is at your own risk and subject to the terms and conditions of use for such sites.
  9. VirtuaBaby.org is based in Marlton, NJ in the United States of America. VirtuaBaby.org makes no claims that Content is appropri- ate or may be downloaded outside of the United States.
  10. You expressly agree that exclusive jurisdiction for any dispute with VirtuaBaby.org, or in any way relating to your use of the Virtua- Baby.org, resides in the courts of the State of New Jersey and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New Jersey in connection with any such dispute including any claim involving VirtuaBaby. org or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
  11. If you believe any materials accessible on or from VirtuaBaby.org infringe your copyright, you may request removal of those mate- rials (or access thereto) from VirtuaBaby.org.
  12. Except as expressly provided in a particular “legal notice” on VirtuaBaby.org, these Terms and Conditions and the VirtuaBaby. org Privacy Policy constitute the entire agreement between you and VirtuaBaby.org with respect to the use of VirtuaBaby.org and Content.

This Site does not provide medical advice

The contents of VirtuaBaby.org, such as text, graphics, images, information obtained from Virtua licensors, and other material contained on VirtuaBaby.org (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on VirtuaBaby.org.

If you think you may have a medical emergency, call your doctor or 911 immediately. VirtuaBaby.org does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by VirtuaBaby.org, VirtuaBaby.org employees, others appearing on VirtuaBaby.org at the invitation of Virtua, or other visitors to VirtuaBaby.org is solely at your own risk.

VirtuaBaby.org may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.

Passwords

Virtua OB has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your VirtuaBaby.org passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your VirtuaBaby. org account and password; (3) promptly inform VirtuaBaby.org of any need to deactivate a password. You grant VirtuaBaby.org and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. VirtuaBaby.org cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using VirtuaBaby.org tools and services.

Use of content

VirtuaBaby.org authorizes you to view or download a single copy of the material on the VirtuaBaby.org solely for your personal, noncom- mercial use if you include the following copyright notice: “Copyright © 2005 - 2009, VirtuaBaby.org. All rights reserved” and other copy- right and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the VirtuaBaby.org may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with VirtuaBaby.org or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the edito- rial discretion of VirtuaBaby.org. All rights not expressly granted herein are reserved to VirtuaBaby.org and its licensors.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Liability of Virtua OB and its licensors

The use of VirtuaBaby.org and the Content is at your own risk.

When using VirtuaBaby.org, information will be transmitted over a medium that may be beyond the control and jurisdiction of VirtuaBaby. org and its suppliers. Accordingly, VirtuaBaby.org assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the VirtuaBaby.org.

VirtuaBaby.org and the content are provided on an “as is” basis. VIRTUABABY.ORG, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHER- WISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, VirtuaBaby.org, its licensors, and its suppliers make no representations or warranties about the following:

  1.  The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communica- tions provided on or through the use of VirtuaBaby.org.
  2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the VirtuaBaby.org.

In no event shall VirtuaBaby.org, its licensors, its suppliers, or any third parties mentioned on VirtuaBaby.org be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use VirtuaBaby.org or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not VirtuaBaby.org, its licensors, its suppliers, or any third parties men- tioned on VirtuaBaby.org are advised of the possibility of such damages. VirtuaBaby.org, its licensors, its suppliers, or any third parties mentioned on VirtuaBaby.org shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. VirtuaBaby. org, its licensors, its suppliers, or any third parties mentioned on VirtuaBaby.org are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Condi- tions.

User submissions

The personal information you submit to VirtuaBaby.org is governed by the VirtuaBaby.org Privacy Policy. To the extent there is an incon- sistency between this Agreement and the VirtuaBaby.org Privacy Policy, this Agreement shall govern.

You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including blogs, message boards, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

If you make any such submission you agree that you will not send or transmit to VirtuaBaby.org by e-mail, (including through the e-mail addresses listed on the “Contact Us” link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to VirtuaBaby.org by e-mail, you agree such submission is non-confidential for all purposes.

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to VirtuaBaby.org by e-mail, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted- VirtuaBaby.org a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. VirtuaBaby.org may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to VirtuaBaby.org by e-mail. We try to answer every e-mail in a timely manner, but are not always able to do so.

User submissions — image, video, audio files

You agree to only post or upload Media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and licenseand which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.

To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, e-mail address or Web site URL.) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.

By uploading any media on VirtuaBaby.org, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, por- nography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions or the VirtuaBaby.orgPrivacy Policy.

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web Site.

By uploading any media like a photo or video, (a) you grant to VirtuaBaby.org a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes VirtuaBaby. org to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify VirtuaBaby.org and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these the terms described in this document.

VirtuaBaby.org reserves the right to review all media prior to submission to the Site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.

VirtuaBaby.org subscription services

If you choose to subscribe to one of VirtuaBaby.org subscription services, like forums or blogs, the following additional terms and con- ditions will apply depending on which service you choose. You should be aware that the VirtuaBaby.org Subscription Services are not intended or designed to attract children under the age of 18. These services do not collect any Personally Identifiable Information from any person we know to be a child under the age of 18.

INFORMATION YOU SUBMIT: You are using the VirtuaBaby.org’s blogs and forums at your own risk and you, along with your health- care provider, are personally responsible for verifying its suitability for your needs. The information you submit is not treated or main- tained as Personal Health Information.

VirtuaBaby.org live and member to member areas (“public areas”)

If you use a Public Area, such as a chat rooms, message boards, or blogs, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. VirtuaBaby. org and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

  1. 1. Using a Public Area for any purpose in violation of local, state, national, or international laws;
  2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by VirtuaBaby.org in its sole discretion;
  4. Posting advertisements or solicitations of business;
  5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
  6. Posting chain letters or pyramid schemes;
  7. Impersonating another person;
  8. Distributing viruses or other harmful computer code;
  9. Harvesting or otherwise collecting information about others, including e-mail addresses, without their identification for posting or viewing comments; consent;
  10. Allowing any other person or entity to use your identification for posting or viewing comments
  11. Posting the same note more than once or “spamming”; or
  12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of VirtuaBaby.org, exposes VirtuaBaby.org or any of its customers or suppliers to any liability or detriment of any type.

VirtuaBaby.org reserves the right (but is not obligated) to do any or all of the following:

  1. Record the dialogue in public chat rooms;
  2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s);
  3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions;
  4. Terminate a user’s access to any or all Public Areas and/or VirtuaBaby.org upon any breach of these Terms and Conditions;
  5. Monitor, edit, or disclose any communication in the Public Areas; or
  6. Edit or delete any communication(s) posted on VirtuaBaby.org, regardless of whether such communication(s) violate these standards.

VirtuaBaby.org or its licensors have no liability or responsibility to users of the VirtuaBaby.org or any other person or entity for performance or nonperformance of the aforementioned activities.

Advertisements, searches, and links to other Sites

VirtuaBaby.org may provide links to third-party Web sites. VirtuaBaby.org also may select certain sites as priority responses to search terms you enter, and VirtuaBaby.org may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. VirtuaBaby.org does not recommend or endorse the content on any third-party Web sites. VirtuaBaby.org is not responsible for the content of linked third-party sites, sites framed within VirtuaBaby.org, third-party sites provided as search results, or third-party adver- tisements, and does not make any representations regarding their content or accuracy. Your use of third-party Web sites is at your own risk and subject to the terms and conditions of use for such sites. VirtuaBaby.org does not endorse any product, service, or treatment advertised on VirtuaBaby.org.

Indemnity

You agree to defend, indemnify, and hold VirtuaBaby.org, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

General

VirtuaBaby.org is based in Marlton, NJ in the United States of America. VirtuaBaby.org makes no claims that Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access VirtuaBaby.org from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with VirtuaBaby.org, or in any way relating to your use of the VirtuaBaby. org, resides in the courts of the State of New Jersey and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New Jersey in connection with any such dispute including any claim involving VirtuaBaby.org or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the in- validity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condi- tion or any other term or condition.

Notice and takedown procedures and copyright agent

If you believe any materials accessible on or from VirtuaBaby.org infringe your copyright, you may request removal of those materials (or access thereto) from VirtuaBaby.org by contacting VirtuaBaby.org copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material;
  3. Your name, address, telephone number and (if available) e-mail address;
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law;
  5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

VirtuaBaby.org agent for copyright issues relating to this Web site is as follows:

Virtua Legal Department.
401 Route 73 North
50 Lake Center Drive
Suite 403
Marlton, NJ 08053

In an effort to protect the rights of copyright owners, VirtuaBaby.org maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

Complete agreement

Except as expressly provided in a particular “legal notice” on VirtuaBaby.org, these Terms and Conditions and the VirtuaBaby.org Privacy Policy constitute the entire agreement between you and VirtuaBaby.org with respect to the use of VirtuaBaby.org and Content.

VirtuaBaby content is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have, and never disregard professional medical advice or delay in seeking it because of something you’ve read on VirtuaBaby. If you think you are experiencing a medical emergency, call your  doctor or 911 immediately.

My Profile

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  • Sign up for email reminders
  • Receive members-only promotional offers

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