Updated January 23, 2018
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Diaper Detective, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
Use of our Services requires a WordPress.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
1. Your www.diaperdetective.com Account and Site.
You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your contributions to the Website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Diaper Detective may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Diaper Detective liability. You must immediately notify Diaper Detective of any unauthorized uses of your account or any other breaches of security. Diaper Detective will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors.
If you comment on a blog/post/forum, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
◦the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
◦if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
◦you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
◦the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
◦the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
◦the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
◦your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
◦your Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
◦you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Diaper Detective or otherwise.
◦uses strong, vulgar, obscene or otherwise harmful language,
◦uses racially, ethnically or otherwise, objectionable language,
◦is defamatory (i.e., something that is negative and untrue about another person or entity),
◦divulges another person’s or entity’s confidential or private information or trade secret,
◦is fraudulent, unlawful, threatening, harassing, abusive or discriminatory,
◦encourages criminal conduct,
◦contains any information (such as inside, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty, or operation of law,
◦advertises or solicits business for products or services other than those that are offered and promoted on the Site
You also must comply with all applicable laws and contractual obligations when you use the Site.
3. User Submitted Content and Content Ownership
If you submit any materials (including but not limited to text, pictures, videos, personal stories, etc.) to the Website or directly through our contact forms (i.e. google docs for contests), you grant to Diaper Detective, its business partners and its affiliates a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute , publicly perform, and publicly display such Content (in whole or part) such materials and content, including alterations thereof, for our business purposes, in any form, in any media, and via any technology we choose, whether it exists now or is created in the future.
You represent that any materials and content posted or otherwise submitted by you to the Website is original to you and that you have the right to grant us these rights.
Without limiting any of those representations or warranties, Diaper Detective has the right (though not the obligation) to, in Diaper Detective’s sole discretion (i) refuse or remove any content that, in Diaper Detective’s reasonable opinion, violates any Diaper Detective policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Diaper Detective’s sole discretion. Diaper Detective will have no obligation to provide a refund of any amounts previously paid.
You are responsible for all Content that you submit, post, or otherwise make available to or through diaperdetective.com. By doing so, you represent and warrant to Diaper Detective that such content is not confidential and that you have all necessary permission to submit, post and otherwise make available such Content.
4. Responsibility of Website Visitors.
A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials (“Content”) is available on the Website. Some of the Content is provided by Diaper Detective or its suppliers, and other Content is provided by persons who use the Website (“Users”).
Diaper Detective has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Diaper Detective does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Diaper Detective disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
You alone are responsible for assessing the credibility of other user postings. We do not control the material that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right do so. We are not a publisher of user posts, and we are not responsible for their accuracy or legality.
5. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which www.diaperdetective.com links, and that link to www.diaperdetective.com. Diaper Detective does not have any control over those non-Diaper Detective websites and webpages, and is not responsible for their contents or their use. By linking to a non-Diaper Detective website or webpage, Diaper Detective does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Diaper Detective disclaims any responsibility for any harm resulting from your use of non-Diaper Detective websites and webpages.
6. Payment and Renewal.
◦By selecting a product or service, you agree to pay Diaper Detective the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
◦Unless you notify Diaper Detective before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Diaper Detective in writing.
◦Fees; Payment. By signing up for a Services account you agree to pay Diaper Detective the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Diaper Detective reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Diaper Detective.
◦Support. If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Diaper Detective to respond within three business days) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free www.diaperdetective.com services. All support will be provided in accordance with Diaper Detective standard services practices, procedures and policies.
8. Copyright Infringement and DMCA Policy.
As Diaper Detective asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by www.diaperdetective.com violates your copyright, you are encouraged to notify Diaper Detective in accordance with the Digital Millennium Copyright Act (“DMCA”). Diaper Detective will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Diaper Detective will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Diaper Detective or others. In the case of such termination, Diaper Detective will have no obligation to provide a refund of any amounts previously paid to Diaper Detective.
You can send your complaint to our designated agent by emailing firstname.lastname@example.org
You must include the following:
•A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
•An identification of the copyrighted work claimed to have been infringed;
•A description of the nature and exact location of the material that you claim to infringe your copyright, in sufficient detail to permit Automattic to find and positively identify that material. For example we require a link to the specific blog post (not just the name of the blog) that contains the material and a description of which specific portion of the blog post – an image, a link, the text, etc. your complaint refers to;
•Your name, address, telephone number and email address;
•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 the law; and
•A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
9. Intellectual Property.
This Agreement does not transfer from Diaper Detective to you any Diaper Detective or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Diaper Detective. Diaper Detective, www.diaperdetective.com, the www.diaperdetective.com logo, and all other trademarks, service marks, graphics and logos used in connection with www.diaperdetective.com, or the Website are trademarks or registered trademarks of Diaper Detective or Diaper Detective’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Diaper Detective or third-party trademarks.
Diaper Detective reserves the right to display advertisements on the Website and forums as well as paid content from Retailers and Contributors.
Diaper Detective reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Diaper Detective may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Diaper Detective may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your www.diaperdetective.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Diaper Detective if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Diaper Detective’s notice to you thereof; provided that, Diaper Detective can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
13. Disclaimer of Warranties.
The Website is provided “as is”. Diaper Detective and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Diaper Detective nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
14. Jurisdiction and Applicable Law.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Colorado, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Jefferson County, Colorado.
15. Arbitration Agreement.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Arvada, Colorado, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
16. Limitation of Liability.
In no event will Diaper Detective, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Diaper Detective under this agreement during the twelve (12) month period prior to the cause of action. Diaper Detective shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Diaper Detective AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA www.diaperdetective.com. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT Diaper Detective IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES.
17. General Representation and Warranty.
18. US Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Diaper Detective reserves the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless Diaper Detective, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to (1) your violation of this Agreement; or (2) the Content you submit, post, or transmit through www.diaperdetective.com.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between Diaper Detective and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Diaper Detective, or by the posting by Diaper Detective of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Colorado, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Jefferson County, Colorado. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Arvada, Colorado, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Diaper Detective may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.