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Terms of Use

Welcome to BabyView3D.com, the website of Creative 3D, LLC, a Virginia Limited Liability Company with service of process at 8401 Maryland Drive, Suite A, Richmond, Virginia 23294 (hereinafter the “Company,” “BabyView3D,” “we,” or “us”). These terms (our “Terms of Use”) constitute a legally binding agreement that describes how you may use BabyView3D.com (our “Site”) and our online service (the “Service”). By accessing or using the Site or the Service, or by clicking “I Accept” or any similar call to action, you hereby warrant and represent that you have read, understood, and agree to be bound by, these Terms of Use. If you do not wish to be bound by these Terms of Use, you should not access or use this Site or the Service. In addition to these Terms of Use, you may enter into other agreements with us that govern your use of our products and services. If there is any conflict between these Terms of Use and another agreement you enter into with the Company, these Terms of Use will govern the relationship between you and us with respect to your use of the Service, unless the other agreement explicitly states otherwise.

1. OUR SERVICE

BabyView3D provides elective, non-diagnostic prenatal ultrasound keepsake services and related products. You may be using this Site or the Service to learn about our ultrasound session offerings, book appointments, purchase gift certificates, order keepsake recordings or images, request 3D printed products, or obtain more information about BabyView3D.

BabyView3D provides elective ultrasound sessions intended to create keepsake images, recordings, and related memorabilia, and may also offer 3D model generation and 3D printed keepsake products based on session content when available. Our services are not a substitute for medical care, prenatal care, diagnostic imaging, or treatment, and we do not interpret scans for medical purposes or make any representations or warranties concerning fetal health, medical conditions, or diagnostic outcomes.

2. COMMUNICATION

We use the information we collect or receive to communicate directly with you pursuant to the terms set forth in the Privacy Policy.

3. USE OF SERVICE AND CONTENT

Eligibility and Representations of Users

The Service is intended solely for users who are 18 years of age or older, and any registration or use of the Service by anyone else is prohibited; provided, however, that a parent or legal guardian may use the Service on behalf of a minor or may accept these Terms of Use on behalf of a user between the ages of 13 and 17. By using the Service, you hereby represent and warrant that you are 18 years of age or older, or that you are at least 13 years of age and your legal guardian has reviewed and accepted these Terms of Use on your behalf. If you violate any of these Terms of Use, or violate any other agreement with us, we reserve the right to delete any content or information that you have provided through the Service or prohibit you from using or accessing the Service or any of our other products or services.

By using the Service, you hereby represent and warrant that: (a) you have the right, authority and capacity to enter into, and abide by, these Terms of Use, and that you will do so (and if you are entering into these Terms of Use on behalf of another person, you hereby represent and warrant that you have authority to act on behalf of that person and to bind that person to these Terms of Use); (b) you own all rights necessary to provide any content that you provide through the Service; (c) you are the individual or organization that you claim to be; (d) you are not in violation of any laws or regulations of any applicable jurisdiction by using the Service; (e) you are, as applicable, a citizen or resident of a geographic area where accessing BabyView3D is not prohibited by law, regulation, treaty, decree, or administrative act; (f) you are not, as applicable a citizen of, resident of, or located in a country on the United States Sanctions list; (g) you are not on any United States most wanted list, including the United States Department of Commerce’s Denied Persons or Entity List, the United States Department of Treasury’s Specially Designated Nationals Blocked Persons List, or the Department of State’s Debarred Parties List; and (h) you are not using this Service to facilitate any illegal action.

Privacy

Your privacy is very important to us. Our Privacy Policy explains how we treat any personal information that you provide to us, and how we seek to protect your privacy when you use the Service. We may collect and use contact information, booking details, payment information, ultrasound session media, order information, shipping information, and related communications as described in our Privacy Policy. We will not share or sell any of your information with any third party, except as specifically described in our Privacy Policy or as required by applicable law, and the Privacy Policy is incorporated by reference into these Terms of Use.

Intellectual Property Ownership

For the purposes of these Terms of Use, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

The Service and all materials therein or transferred thereby, including software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, renderings, 3D model files, and product designs (the “BabyView3D Content”), and all Intellectual Property Rights related thereto, are the exclusive property of BabyView3D or its licensors. You do not acquire any right, title, or interest in, to, or under any BabyView3D Content by virtue of using this Site or the Service, and except as explicitly provided herein, nothing in these Terms of Use shall be deemed to create a license in, to, or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any BabyView3D Content. Use of the BabyView3D Content for any purpose not expressly permitted by these Terms of Use is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas to us, including about the Service, including about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place BabyView3D under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation or recognition to you, or to disclose the Idea on a non confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, BabyView3D does not waive any rights to use similar or related ideas previously known to BabyView3D, or developed by its employees, or obtained from sources other than you.

Licenses

Subject to these Terms of Use, we hereby grant you a non-exclusive, limited, non-transferable, freely revocable license to use the BabyView3D Content and the Service as permitted by these Terms of Use or any other applicable agreements between you and us. BabyView3D reserves all rights not expressly granted herein. BabyView3D may terminate the foregoing license at any time for any reason or no reason without notice.

You hereby grant us a non-exclusive, royalty-free, fully paid-up, worldwide, sublicensable through multiple tiers, assignable, irrevocable, perpetual, non-terminable license to use and exercise all intellectual property rights in any content or information that you post in connection with the Service, including to edit, modify, adapt, distribute, publicly display, and create derivative works from the content or information you provide at our sole discretion, and to incorporate the content or information into other works, including into the Service. You authorize us, for worldwide commercial and non-commercial purposes, to use, reproduce, distribute and license to others, such content or information in any manner of media whatsoever now or hereafter known, and to use your name (including legal name, alias, professional name, or nickname), likeness, voice, signature, biographic or other information in connection therewith. BabyView3D shall be under no obligation to treat such content or information as confidential.

Usernames and Passwords

When you register for an Account, we will ask you to create a username and password (“Registration Details”). You are entirely responsible for keeping your Registration Details safe and confidential and for any actions taken under your Account. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Registration Details.

Termination of User Access

BabyView3D reserves the right to suspend or terminate your access the Site and Service effective immediately upon providing notice to you via email, if, in BabyView3D’s sole discretion, you have violated these Terms of Use. Upon making such determination, BabyView3D may immediately block you from accessing or using the Site and the Service. If BabyView3D suspends or terminates your Account, you may no longer access or use (or attempt to access or use), the Site or the Service.

4. HONESTY

User Registration

You hereby represent and warrant that any information that you provide to us is true, accurate, and complete. You also agree to update your information to maintain the truthfulness, accuracy, and completeness thereof. Without limiting the generality of the foregoing, you must not provide false or misleading information to us about your identity, contact information, appointment details, pregnancy-related scheduling information, shipping information, or order details. You must not register more than one Account without express written permission from us.

Booking, Orders, and Account Information

At BabyView3D, you may use the Service to create an account, book an appointment, purchase a gift certificate, order digital keepsake media, request a 3D printed product, or otherwise interact with our offerings. You agree to provide current, complete, and accurate information in connection with any account, booking, purchase, intake form, authorization, or order, and you agree to abide by any additional applicable agreements, including the Privacy Policy and any separate session, consent, release, or product terms presented to you.

When you create an account, book services, place an order, or request certain products, your account, order, or transaction may be subject to verification of identity, payment information, authorization details, delivery information, or other information reasonably requested by us from time to time:

You hereby consent to, and authorize BabyView3D directly, or through third parties, to make any inquiries necessary, as often as needed, to validate your identity, verify payment information, confirm your email address, confirm shipping or delivery information, and verify any authorizations, consents, or approvals relevant to the Services or Products, subject to applicable laws or regulations. When requested, you must provide us with information necessary to verify any applicable account, appointment, order, or payment method. We may delay, refuse, or cancel bookings, deliveries, or orders if requested verification information is not provided or cannot be confirmed.

You hereby authorize BabyView3D directly, or through third parties, to charge your approved payment method for booked services, deposits, ordered Products, applicable taxes, shipping charges, cancellation fees, rescheduling fees, and other amounts you agree to pay in connection with the Service. When requested, you must cooperate in any manner necessary to assist us with processing such payments, verifying billing information, or completing fulfillment.

RESTRICTIONS AND CLARIFICATIONS ON USE OF SERVICE

Nature of Services

Definition of Services

BabyView3D is a provider of elective, non-diagnostic prenatal ultrasound keepsake experiences and related products. The Site allows customers to learn about our offerings, schedule appointments, purchase gift certificates, obtain keepsake images and recordings, and request related 3D printed or other keepsake products. These Services are intended for entertainment and bonding purposes only and are not medical services.

Non-Diagnostic Nature of Services

BabyView3D is not a medical provider, does not provide diagnostic ultrasound services, and does not replace prenatal medical care. BabyView3D does not diagnose, treat, monitor, or assess medical conditions, and no content, images, recordings, or Products provided through the Service should be relied upon for any medical purpose. Customers should consult their physician, midwife, or other licensed healthcare provider for all medical questions and for all prenatal care.

No Medical Advice or Guarantee of Results

The quality, duration, usefulness, and content of any ultrasound session, image, recording, digital file, 3D model file, or printed Product may vary based on fetal position, gestational age, maternal body habitus, movement, technical factors, scheduling, and other circumstances beyond BabyView3D’s control. BabyView3D does not guarantee image quality, specific poses, specific views, fetal cooperation, likeness, printability, aesthetic satisfaction, or that any requested Product can be created from every session.

Use of Third-Party Payment Providers

For transactions related to the Service, BabyView3D may utilize one or more third-party payment providers to process payments securely. Those providers handle payment processing in accordance with their own terms and privacy practices. BabyView3D does not control the independent terms of any third-party payment provider, and your use of such provider may be subject to additional terms.

General Restrictions

Your use of the Service may enable you to submit booking requests, upload or provide information, post comments, generate content, communicate with us, or otherwise interact with the Site. You may only submit, post, send, or receive material that is relevant to, and necessary for, the use of the Service. You agree to abide by all applicable laws and regulations in your use of the Service. Without limiting the generality of the foregoing, you agree that you will not do any of the following:
  • post or otherwise make available content, or take any action on or through the Service, that in our judgment (a) is intentionally misleading; (b) may constitute libel, slander, stalking or other harassment; (c) threatens or promotes hatred of any person, entity, or group; or (d) infringes, misappropriates, or otherwise violates someone else’s rights such as copyrights, trademarks, privacy rights, or rights of publicity; (e) is harmful, inflammatory, or vulgar, or (f) violates any law or regulation;
  • post or otherwise make available content that in our judgment restricts or inhibits any other person or entity from using or enjoying the Service, or which may expose us or our users to any harm or liability of any type;
  • post or otherwise make available any unsolicited or unauthorized advertising, promotional materials, political materials, or any other form of solicitation;
  • impersonate any person or entity, or falsely state your age or your affiliation with any person or entity (including purporting to make any statements on behalf of BabyView3D without our prior written consent), or otherwise misrepresent yourself, or allow any other person or entity to use your Registration Details in order to access the Service or submit content;
  • post or otherwise make publicly available on the Service any personal or financial information of any third party;
  • solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • use the Service or our products and services in any manner that could damage, disable, overburden or impair the Service;
  • adapt, alter, license, copy, make derivative works of, sell, rent, transfer, assign, distribute, host, reverse engineer, reverse compile, or disassemble the Service or Site;
  • exploit the Service or the Site for any unauthorized commercial purpose;
  • register for the Service under a new username after BabyView3D has terminated your access to the Service; or
  • engage in: (a) copying, distributing, or disclosing any part of the Service in any medium, including by any automated or non-automated “scraping”; (b) using any automated system, including “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more requests to BabyView3D servers than a human can reasonably produce in the same period of time by using a conventional online web browser; (c) transmitting spam, chain letters, or other unsolicited email, surveys, contests, or pyramid schemes; (d) attempting to interfere with, compromise the system integrity or security of the Service, or attempting to decipher any transmissions to or from the servers running the Service; (e) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (f) uploading invalid data, viruses, worms, Trojan horses, or other software agents through the Service; (g) tracing any user information or collecting or harvesting any personally identifiable information from the Service; (h) interfering with the proper working of the Service; (i) accessing any content on the Service through any technology or means other than those provided or authorized by the Service, including by hacking or attempting to obtain password information from users; (j) bypassing the measures we may use to prevent or restrict access to the Service, including features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; or (k) testing the vulnerability of the Site or Service.

7. COPYRIGHT COMPLAINTS

Since we respect artist and content owner rights, it is BabyView3D’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyright has been copied or displayed in a way that constitutes copyright infringement and is accessible via the Service, please notify the appropriate DMCA authorities. For your complaint to be valid under the DMCA, you must provide to our Copyright Agent the following information in writing:
  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work that you claim has been infringed;
  3. Identification of the material that is claimed to be infringing and where it is located on the Service;
  4. Information reasonably sufficient to permit BabyView3D to contact you, such as your address, telephone number and e-mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Please note that this procedure is exclusively for notifying BabyView3D and its affiliates that you believe your copyright has been infringed. The preceding requirements are intended to comply with BabyView3D’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. If you need legal advice, you should consult an attorney regarding your rights and obligations under the DMCA and other applicable laws or regulations.
When we receive a DMCA takedown notice, we may, at our sole discretion, remove the allegedly infringing material or terminate the access of the allegedly infringing user to our Site or the Service.
If we remove or disable access to such material, we will make a good faith attempt to contact the person who submitted it, so that such person will have the opportunity to make a counter notification pursuant to 17 U.S.C. § 512(g)(3). If we receive such a counter notification, we may reinstate the challenged material. To file a counter notification, you must provide a written notice to our above Copyright Agent that includes substantially the following:
  1. Identification of the material that has been removed or to which access has been disabled, including the location at which the material appeared before it was removed or access to it was disabled;
  2. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
  3. 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 the address provided by you is located (or if the address provided by you is outside the United States, you consent to the jurisdiction of the Federal District Court for any judicial district in which BabyView3D may be found), and that you will accept service of process from the person who provided the notice or an agent of such person; and
  4. Your physical or electronic signature on the counter notification.
Our designated Copyright Agent can be reached at Babyview3dllc@gmail.com. In accordance with the DMCA and other applicable law or regulation, BabyView3D reserves the right to remove from the Service, in appropriate circumstances, users who are deemed, in BabyView3D’s sole discretion, to have infringed the copyright of any person.

8. CUSTOMER FEEDBACK AND PROMOTIONAL PARTICIPATION

Customer Feedback

If you choose to provide feedback regarding the Service, your appointment experience, our Site, our Products, or our customer service, you agree that such feedback may be used by us for internal improvement, quality control, training, and service development purposes, subject to our Privacy Policy and any separate marketing or testimonial authorization you provide.

Reviews and Comments

We may request your feedback about your BabyView3D service experiences, the Site, the Service, your appointment, your keepsake images or recordings, your Product order, or other similar experiences. As such, BabyView3D may allow users to leave objective, balanced feedback about their experiences with our services or products.
BabyView3D may provide a feedback system where comments may be public, private, or available for business use. While BabyView3D respects user opinions, we reserve the right to monitor and moderate content as needed to maintain community standards and comply with applicable laws. BabyView3D does not investigate any remarks posted by users for accuracy or reliability, but may do so if a user requests that BabyView3D does so. As such, BabyView3D is not responsible for (i) the accuracy or reliability of comments made; (ii) any negative, harmful, offensive, or otherwise actionable comments made; and (iii) any liability that may arise from such comments. Further, you may be held legally responsible for damages suffered by other users or third parties as a result of your remarks, if such actions are defamatory or otherwise legally actionable. BabyView3D is not legally responsible for any feedback or comments posted or made available on our platform by any user or third parties, even if the comments are defamatory or otherwise legally actionable.
BabyView3D has a zero-tolerance policy for online bullying and other abusive behavior by users of our Site or the Service. You are prohibited from making any posts to our Site that violate this policy. In order to protect our users from abuse, and in order to preserve the integrity of our feedback system, BabyView3D reserves the right, in our sole discretion (without assuming any obligation to do so), to remove posts, comments, feedback, video, images, memes and information in any medium that BabyView3D believes violate this zero-tolerance policy. BabyView3D also reserves the right to block any user who violates our policy against abuse and bullying from having further access to any BabyView3D products and services.

9. MISCELLANEOUS

No Medical Advice

BabyView3D does not provide medical, diagnostic, treatment, tax, legal, insurance, or investment advice. Any information provided through the Service is for general informational, scheduling, customer-service, or keepsake purposes only, and does not constitute medical advice or a medical opinion. No information from BabyView3D should be construed as medical guidance, diagnosis, treatment recommendations, or a substitute for care from a licensed healthcare provider. If you are under 13 years of age, you are strictly prohibited from using this Service without the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. BabyView3D is not responsible for the content of any third-party documents, websites, or materials made available to you through the Service. Any reliance you place on such third-party content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such content by you or any other person or entity. Any calculators, galleries, previews, mockups, or tools made available on the Service are intended for illustrative or estimate purposes only, and you should not rely upon such estimates. You alone are solely responsible for determining whether any Service or Product is appropriate or suitable for you based on your personal circumstances, and you should consult an appropriate advisor or licensed healthcare provider regarding your specific situation.

No Agency

These Terms of Use and any use by you or any other person or entity of the Service shall not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and BabyView3D.

Availability of Service, Changes and Modifications

We reserve the right to temporarily or permanently modify or discontinue the Service, or any portion of the Service, for any reason, without notice to you. We may also change these Terms of Use from time to time. We will indicate the date of the most recent revision at the top of these Terms of Use, and material changes will be effective upon posting. Please review these Terms of Use from time to time because each time you use the Service (including any visit to this Site), you are bound by the then-current version of these Terms of Use, and if you do not wish to be so bound, please do not use the Site or the Service.

Third Party Links

The Service may contain links to third-party websites that are not owned or controlled by BabyView3D. BabyView3D does not endorse, control, or assume any responsibility for any such third-party sites, their content, or their privacy practices. If you access a third party website from the Service, you do so at your own risk, and you understand that these Terms of Use and the Privacy Policy do not apply to your use of such sites, and that you are subject to the terms of use of any such sites. You acknowledge that BabyView3D assumes no liability arising from your use of any third-party website, and you hereby release BabyView3D from any such claims.

Third-Party Service Providers

BabyView3D may work with third-party service providers to support the Site and Service, including providers for website hosting, communications, scheduling, payment processing, file storage, printing support, shipping, analytics, and other business operations. Such providers operate under their own terms and privacy practices where applicable.

Indemnity

You agree to defend, indemnify and hold harmless BabyView3D and its subsidiaries and other affiliates, partners, agents, licensors, managers, and its and their employees, contractors, agents, officers and directors (“Representatives”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorney’s fees) arising from:
(i) your use of and access to the Service, including any data, content or funds transmitted or received by you;
(ii) your violation of any term of these Terms of Use, including your breach of any of the representations and warranties above;
(iii) your violation of any third-party right, including any right of privacy or Intellectual Property Rights;
(iv) your violation of any applicable law, rule or regulation; or
(v) any claim of damages that arise as a result of any content that you submit through the Service.

No Warranty

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ANY PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BABYVIEW3D OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BABYVIEW3D AND ITS REPRESENTATIVES DO NOT WARRANT THAT THE CONTENT MADE AVAILABLE THROUGH THE SITE OR THE SERVICE (INCLUDING ANY INFORMATION PROVIDED BY OR ABOUT ANY USER) IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR BE UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. NEITHER BABYVIEW3D NOR ITS REPRESENTATIVES WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR SERVICE. BABYVIEW3D DOES NOT GUARANTEE IMAGE QUALITY, SPECIFIC VIEWS, FETAL POSITION, LIKENESS, RECORDING LENGTH, PRODUCT AVAILABILITY, PRINTABILITY, SHIPPING TIMES, OR AESTHETIC SATISFACTION, AND BABYVIEW3D MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICE OR ANY PRODUCT HAS ANY MEDICAL OR DIAGNOSTIC USEFULNESS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BABYVIEW3D OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL BABYVIEW3D OR ITS REPRESENTATIVES BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS TO, OR USE OF, THE SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BABYVIEW3D AND ITS REPRESENTATIVES ASSUME NO LIABILITY OR RESPONSIBILITY FOR, AND YOU HEREBY RELEASE BABYVIEW3D AND ITS REPRESENTATIVES FROM ANY, ACTUAL OR CONSEQUENTIAL CLAIMS, DEMANDS, OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH:
(I) THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE;
(II) ERRORS, MISTAKES, OMISSIONS, OR INACCURACIES OF CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE;
(III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE;
(IV) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
(V) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM, OR TERMINATION OR SUSPENSION OF, OR FAILURE TO MAINTAIN, THE SERVICE;
(VI) SUSPENSION OR TERMINATION OF YOUR ACCOUNT;
(VII) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;
(VIII) DISPUTES BETWEEN USERS; (IX) PAYMENT TRANSMISSION FAILURES; OR
(X) DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT SHALL BABYVIEW3D OR ITS REPRESENTATIVES BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO BABYVIEW3D HEREUNDER OR $50.00, WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BABYVIEW3D HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS OF USE GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS OF USE WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You may only use the Service in a manner consistent with these Terms of Use and all applicable local, state, national and international laws and regulations, including United States export control laws. Registration for, and use of, the Service is void where prohibited.

No Waiver

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Severability

If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use shall remain in full force and effect.

Assignability

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BabyView3D without restriction. Any attempted transfer or assignment in violation of the foregoing sentence shall be null and void ab initio.

Survival

All provisions of these Terms of Use which by their nature should survive termination shall survive any termination of your access to the Sites and the Service.

Entire Agreement

These Terms of Use, together with any amendments and any additional agreements you may enter into with BabyView3D in connection with the Service, shall constitute the entire agreement between you and BabyView3D concerning the Service.

Construction

includes the plural, the plural includes the singular, the use of any gender is applicable to all genders. The word “or” has the inclusive meaning represented by the phrase “and/or”. The headings set forth in these Terms of Use are for convenience only. The term “including,” as used in these Terms of Use mean will be deemed to be followed by the words “without limitation”.

Governing Law

These Terms of Use and your use of this Site are governed by Virginia law. Any dispute between you and us relating to these Terms of Use or your use of this Site shall be resolved solely in accordance with the Dispute Resolution section of the Terms of Use.

Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms of Use, or the breach, termination, or validity thereof, shall be resolved by arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures; provided, however, that nothing in this section shall preclude either party from seeking injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration. The arbitration shall be conducted in Virginia, and the language of the arbitration shall be English. The decision of the arbitrator shall be final and binding on the parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The Parties agree that the arbitration shall be kept confidential and that the existence of the proceedings and any element of it (including any pleadings, briefs, or other documents submitted or exchanged, and testimony or other oral submissions and any awards) shall not be disclosed beyond the tribunal, JAMS, the parties, their legal representatives, and any person necessary to the conduct of the proceedings, except as may be required by applicable law or by order of a court of competent jurisdiction. by applicable law or by order of a court of competent jurisdiction.

Contact Information

If you have questions or concerns regarding these Terms of Use, the Privacy Policy, or the Service, please contact us by emailing Babyview3dllc@gmail.com.

Unless otherwise provided above, if you wish to provide any legal notices to us, please contact us at the following address:

Creative 3D LLC

8401 Maryland Drive, Suite A
Richmond, Virginia 23294

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