Terms of Service
These are the terms of service of American Baby Boomers.Date of Last Revision: May 1, 2009.
Statement of Rights and Responsibilities.
This Statement of Rights and Responsibilities ("Statement") derives from the American Baby Boomers Principles (see below), and governs our relationship with users and others who interact with American Baby Boomers. By using or accessing American Baby Boomers, you agree to this Statement..
1. Privacy
Your privacy is very important to us. We designed our Privacy Policy to make important disclosures to you about how we collect and use the information you post on American Baby Boomers. We encourage you to read the Privacy Policy, and to use the information it contains to help make informed decisions..
2. Sharing Your Content and Information
You own all of the content and information you post on American Baby Boomers, and you can control how we share your content through your privacy and application settings. In order for us to use certain types of content and provide you with American Baby Boomers, you agree to the following:
1. For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with American Baby Boomers ("IP License"). This IP License ends when you delete your IP content or your account (except to the extent your content has been shared with others, and they have not deleted it).
2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
3. We always appreciate your feedback or other suggestions about American Baby Boomers, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them). .
3. Safety
We do our best to keep American Baby Boomers safe, but we cannot guarantee it. We need your help in order to do that, which includes the following commitments:
1. You will not send or otherwise post unauthorized commercial communications to users (such as spam).
2. You will not collect users' information, or otherwise access American Baby Boomers, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
3. You will not upload viruses or other malicious code.
4. You will not solicit login information or access an account belonging to someone else.
5. You will not bully, intimidate, or harass any user.
6. You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
7. You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
8. You will not use American Baby Boomers to do anything unlawful, misleading, malicious, or discriminatory.
9. You will not facilitate or encourage any violations of this Statement.
4. Registration and Account Security
American Baby Boomers users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
1. You will not provide any false personal information on American Baby Boomers, or create an account for anyone other than yourself without permission.
2. You will not use American Baby Boomers if you are under 13.
3. You will not use American Baby Boomers if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.
4. You will not use American Baby Boomers if you are a convicted sex offender.
5. You will keep your contact information accurate and up-to-date.
6. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
7. You will not transfer your account to anyone without first getting our written permission.
5. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
1. You will not post content or take any action on American Baby Boomers that infringes someone else's rights or otherwise violates the law.
2. We can remove any content you post on American Baby Boomers if we believe that it violates this Statement.
3. If we removed your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
4. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
5. You will not use our copyrights or trademarks (including American Baby Boomers, the American Baby Boomers, and American Baby Boomers Logos, without our written permission.
6. If you collect information from users, you will: obtain their consent, make it clear you (and not American Baby Boomers) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
7. You will not post anyone's identification documents or sensitive financial information on American Baby Boomers.
6. Special Provisions Applicable to Share Links
If you include our Share Link button on your website, the following additional terms apply to you:
1. We give you permission to use American Baby Boomers's Share Link button so that users can post links or content from your website on American Baby Boomers.
2. You give us permission to use such links and content on American Baby Boomers.
3. You will not place a Share Link button on any page containing content that would violate this Statement if posted on American Baby Boomers.
7. About Advertisements on American Baby Boomers
Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
1. You can use your privacy settings to limit how your name and profile picture may be associated with commercial or sponsored content. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.
2. We do not give your content to advertisers.
3. You understand that we may not always identify paid services and communications as such.
8. Amendments
1. We can change this Statement so long as we provide you notice through American Baby Boomers (unless you opt-out of such notice) and an opportunity to comment.
2. For changes to sections 7, 8, 9, and 11 (sections relating to payments, application developers, website operators, and advertisers), we will give you a minimum of three days notice. For all other changes we will give you a minimum of seven days notice.
3. If more than 7,000 users comment on the proposed change, we will also give you the opportunity to participate in a vote in which you will be provided alternatives. The vote shall be binding on us if more than 30% of all active registered users as of the date of the notice vote.
4. We can make changes for legal or administrative reasons upon notice without opportunity to comment.
9. Termination
If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of American Baby Boomers to you. We will generally try to notify you, but have no obligation to do so. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.3, 3-5, 8.2, 9.1-9.3, 9.9, 9.10, 9.13, 9.15.1, 9.18, 10.3, 11.2, 11.5, 11.6, 11.9, 11.10, 11.13, 11.14, and 13-16.
10. Disputes
1. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or American Baby Boomers in a state or federal court located in East Baton Rouge Parish. The laws of the State of Louisiana will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in East Baton Rouge Parish, Louisiana for the purpose of litigating all such claims.
2. If anyone brings a claim against us related to your actions or your content on American Baby Boomers, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
3. WE TRY TO KEEP AMERICAN BABY BOOMERS UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING AMERICAN BABY BOOMERS "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT AMERICAN BABY BOOMERS WILL BE SAFE OR SECURE. AMERICAN BABY BOOMERS IS NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR AMERICAN BABY BOOMERS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR AMERICAN BABY BOOMERS WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, AMERICAN BABY BOOMERS'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
11. Definitions
1. By "American Baby Boomers" we mean the features and services we make available, including through (a) our website at http://www.americanbabyboomers.net and any other American Baby Boomers branded or co-branded websites.
2. By "us," "we" and "our" we mean American Baby Boomers, Inc. and/or its affiliates.
3. By "content" we mean the content and information you post on American Baby Boomers, including information about you and the actions you take.
4. By "post" we mean post on American Baby Boomers or otherwise make available to us.
5. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
12. Other
1. This Statement makes up the entire agreement between the parties regarding American Baby Boomers, and supersedes any prior agreements.
2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
3. If we fail to enforce any of this Statement, it will not be considered a waiver.
4. Any amendment to or waiver of this Statement must be made in writing and signed by us.
5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
7. Nothing in this Agreement shall prevent us from complying with the law.
8. This Statement does not confer any third party beneficiary rights.
American Baby Boomers © 2009English (US)
American Baby Boomers Principles
We are building American Baby Boomers to make the world more open and transparent, which we believe will create greater understanding and connection. American Baby Boomers promotes openness and transparency by giving individuals greater power to share and connect, and certain principles guide American Baby Boomers in pursuing these goals. Achieving these principles should be constrained only by limitations of law, technology, and evolving social norms. We therefore establish these Principles as the foundation of the rights and responsibilities of those within the American Baby Boomers Service.
1. Freedom to Share and Connect .
People should have the freedom to share whatever information they want, in any medium and any format, and have the right to connect online with anyone - any person, organization or service - as long as they both consent to the connection..
2. Ownership and Control of Information .
People should own their information. They should have the freedom to share it with anyone they want and take it with them anywhere they want, including removing it from the American Baby Boomers Service. People should have the freedom to decide with whom they will share their information, and to set privacy controls to protect those choices. Those controls, however, are not capable of limiting how those who have received information may use it, particularly outside the American Baby Boomers Service..
3. Free Flow of Information .
People should have the freedom to access all of the information made available to them by others. People should also have practical tools that make it easy, quick, and efficient to share and access this information..
4. Fundamental Equality .
Every Person - whether individual, advertiser, developer, organization, or other entity - should have representation and access to distribution and information within the American Baby Boomers Service, regardless of the Person's primary activity. There should be a single set of principles, rights, and responsibilities that should apply to all People using the American Baby Boomers Service..
5. Social Value .
People should have the freedom to build trust and reputation through their identity and connections, and should not have their presence on the American Baby Boomers Service removed for reasons other than those described in American Baby Boomers's Statement of Rights and Responsibilities..
6. Open Platforms and Standards .
People should have programmatic interfaces for sharing and accessing the information available to them. The specifications for these interfaces should be published and made available and accessible to everyone..
7. Fundamental Service .
People should be able to use American Baby Boomers for free to establish a presence, connect with others, and share information with them. Every Person should be able to use the American Baby Boomers Service regardless of his or her level of participation or contribution..
8. Common Welfare .
The rights and responsibilities of American Baby Boomers and the People that use it should be described in a Statement of Rights and Responsibilities, which should not be inconsistent with these Principles..
9. Transparent Process .
American Baby Boomers should publicly make available information about its purpose, plans, policies, and operations. American Baby Boomers should have a town hall process of notice and comment and a system of voting to encourage input and discourse on amendments to these Principles or to the Rights and Responsibilities..
10. One World.
The American Baby Boomers Service should transcend geographic and national boundaries and be available to everyone in the world. .
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American Baby Boomers © 2009English (US)
