TERMS AND CONDITIONS

Effective Date: July 17th 2016

This web page represents a legal document and is the Terms and Conditions (Agreement) for our website, www.goodnightbabies.com (Website) and Mobile Application GoodNight Babies. Byusing our Website, Mobile Application and Services, you agree to fully comply with and be bound by the following Agreement each time you use our Website, Mobile Application or Services. Please review the following terms and conditions carefully.

DEFINITIONS

GOODNIGHT BABIES is our free mobile application, herein after referred to as Mobile App or Mobile Application.The terms “us” or “we” or “our” refers to GN Babies LLC, the owner of this Website and Mobile Application. A “Visitor” is someone who merely browses our Website, Services or Mobile Application. A “Member” is someone who has registered with our Website, Mobile Application to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Member. The term “Services”includes all Services provided by our Website and our mobile application, including our mobile application and its service.All text, video, pictures, information, graphics, design, and data offered through our Website, Mobile App or Services, whether produced by our Users or by us, are collectively known as our “Content.” We distinguish content posted by our Users as “User Content.”

ACCEPTANCE OF AGREEMENT

This Agreement is between you and GN Babies LLC.

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE, MOBILE APP AND USING OUR SERVICE(S) CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR SERVICES, WEBSITE, MOBILE APP IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.

Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and GN Babies LLC and supersedes all other Agreements, representations, warranties and understandings with respect to our Website, Mobile App, Services, and the subject matter contained herein. However, in order for you to use our Website, Mobile App and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.

LIMITED LICENSE

GN Babies LLC grants you a non-exclusive, non-transferable, revocable license to access and use our Website, Mobile App and Services strictly in accordance with this Agreement. Your use of our Website, Mobile App and Services are solely for internal, personal, non-commercial purposes, unless otherwise provided in this Agreement. No print out or electronic version of any part of our Website, Mobile App or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

LEGAL COMPLIANCE

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Website, Mobile App, Content, Services, and any software provided therein.

OUR RELATIONSHIP TO YOU

This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and GN Babies LLC.

OUR INTELLECTUAL PROPERTY

Our Services, Website, Mobile Appcontain content that is owned intellectual property of GN Babies LLC. Our Services, Website, Mobile Appmay contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of including but not limited to, words, graphics, and logos.Our Website and Mobile App Content includes but not limited to, services, our service marks or trademarks as in the form of including, but not limited to content, platforms, methods, source code, words, graphics, and logos are property of GN Babies LLC.Your use of our Website, Mobile App or Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of GN Babies LLC.Our Content, as found within our Website, Mobile App and Services, is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Website, Mobile App and Services does not grant you any ownership rights to our Content.

ELIGIBILITY AND REGISTRATION FOR MEMBERSHIP

To use our Services, you must register with our Services, Website, Mobile App to become a User. Your Membership is not transferable or assignable and is void where prohibited. This is intended solely for Users who are at least (16) years of age or older. Any registration by, use of or access to our Services, Website, Mobile App by anyone under such, is unauthorized, unlicensed and in violation of these Terms and Conditions. By using our Website, Mobile App and/or Services, you represent and warrant that you are (16) yearsor older and that you agree to and to abide by all of the terms and conditions of this Agreement. GN Babies LLC has sole right and discretion to determine whether to accept a User, and may reject a User’s registration, with or without explanation.

When you complete the registration process, you will receive a password that will allow you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password.

You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Services, Website, Mobile App cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.

CONTENT DISCLAIMER

The opinions expressed on our Services, Website, Mobile App are not necessarily the opinions of GN Babies LLC.Any Blog content provided by our bloggers are of the blogger’s opinion, and is not intended to malign any religion, ethnic group, club, organization, company, individual or anyone or anything.The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date.

We undertake no obligation to update any Content on our Services, Website or in our Mobile App. Users are responsible for their own content, where applicable, and may update their Content at any time without notice and at their sole discretion. We reserve the right to make alterations or deletions to the Content at any time without notice.

ERRORS, CORRECTIONS AND CHANGES

We do not represent or otherwise warrant that our Services, Website or Mobile App will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Services, Website or Mobile App will be correct, accurate, timely or otherwise reliable.

We may make changes to the features, functionality or content of our Services, Website or Mobile App at any time. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our Services, Website or Mobile App.

ADVERTISERS AND SPONSORS DISCLAIMER

Our Services, Website, Mobile App may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Services, Website, Mobile App is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY GN Babies LLC AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.

MERCHANT AND ADVERTISEMENT DISCLAIMER

We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants.

You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITE, MOBILE APPS OR ANY OTHER WEBSITE, MOBILE APP LINKED TO OUR SERVICES, WEBSITE, AND MOBILE APP.

All rules, legal documents (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant Website, Mobile Apps. We are not responsible for information provided by you to Merchants. Our relationship to Merchants is solely as independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

WARRANTY DISCLAIMER

GN Babies LLC is not responsible or liable in any manner for any Content posted on our Website, Mobile App or in connection with our Services, whether posted or caused by Users of our Services, Website, Mobile App, or by GN Babies LLC. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post, transmit or share on our Website, Mobile App or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on our Website, Mobile App or Services. GN Babies LLC is not responsible for the conduct, whether online or offline, of any user of our Website, Mobile App or Services.

Our Website, Mobile App or Services may be temporarily unavailable from time to time for maintenance or other reasons. GN Babies LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications.

GN Babies LLC is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, Mobile App, failure of email on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the our Website, Mobile App or Services, including without limitation any software provide through our Website, Mobile App or Services.

Under no circumstances will GN Babies LLC be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website, Mobile App or Services, or any interactions between Users of our Website, Mobile App or Services, whether online or offline.

GN Babies LLC reserves the right to change any and all Content, software and other items used or contained in our Website, Mobile App or Services, at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by our Website, Mobile App, by third parties or by any of the equipment or programming associated with or utilized by our Services.

THE INFORMATION, CONTENT AND SERVICES FROM OR THROUGH OUR SERVICES, WEBSITE, MOBILE APP ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR SERVICES, WEBSITE, MOBILE APP AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. GN BABIES LLC INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE, MOBILE APP OR SERVICES. GN BABIES LLC CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE, MOBILE APP OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. GN BABIES LLC DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, OUR SERVICES, OR ANY SOFTWAREFOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM ANY DISCREPANCIES. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE, MOBILE APP OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND GN BABIES LLCOUR WEBSITE, MOBILE APP AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE, MOBILE APP OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

LIMITATION OF LIABILITY

GN Babies LLC as well as all our Affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website, Mobile App or Services, (b) any product liability issues to the extent that we are not involved with the manufacturer of the product(s) giving rise to liability, (c) the unavailability or interruption of our Website, Mobile App or Services, (d) your use of our Services, Website, Mobile App our Content, (e) the content contained on our Website, Mobile App or Services, or (f) any delay or failure in performance of our Website, Mobile App and Services beyond our control.

IN NO EVENT WILL GN BABIES LLC OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, MOBILE APP, CONTENT, SERVICES, OR ANY RELATED SOFTWARE, ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE, MOBILE APP OR SERVICES, EVEN IF GN BABIES LLC IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree that any claim you may have arising out of or related to your relationship with GOODNIGHT BABIES must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

USER CONDUCT

Users may post their own content to our Mobile App through our Services (User Content). Users understand that by using our Services, Website or Mobile App, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over User Content and do not in any way guarantee the quality, accuracy or integrity of such content. GN Babies LLC is not responsible for the monitoring or filtering of any User content. Should any User Content be found illegal, GN Babies LLC will submit all necessary information to the proper authorities.

If any User Content is reported to GN Babies LLC as being offensive or inappropriate, we may ask the User to retract or otherwise modify the questionable content within 24 hours of being notified by GN Babies LLC. Should the User fail to meet such a request, GN Babies LLC has full authority to either restrict the User’s ability to post User Content OR to immediately terminate the membership of the User, without further notification to the User.

Without limiting the foregoing, we have sole discretion to remove any User Content that violates this Agreement or is otherwise objectionable in our sole discretion.

Users are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Users shall respect copyright and trademark laws.

You warrant that you will not use our Website, Services or Mobile App to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Users who we deem, in our sole discretion, to be infringers of other’s intellectual property rights.

As a User, you agree not to use our Website, Services or Mobile App to do any of the following:

1) Upload, post or otherwise transmit any User Content that:

a. Violates any local, state, federal, or international laws.

b. Infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.

c. Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable.

d. Links directly or indirectly to any materials to which you do not have a right to link.

e. Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.

f. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website, Mobile App or Services.

g. Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

h. In the sole judgment of GN Babies LLC is objectionable or which restricts or inhibits any other person from using or enjoying our Website, Mobile App or Services, or which may expose GN Babies LLC our affiliates, or our Users to any harm or liability of any type.

2) Use our Content to:

a. Develop a competing Website, Mobile App.

b. Create compilations or derivative works as defined under United States copyright laws.

c. Re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.

3) Decompile, disassemble or reverse engineer our Services, Website, Mobile App and any related software.

4) Use our Services, Website or Mobile App in any manner that violates this Agreement or any local, state, federal, or international laws.

USE OF INFORMATION

When a user purchases and downloads a video book to their personal device, they are not purchasing the video book itself; rather they are purchasing access to the video book which affords only the right to access the work according to the format’s particular specifications. GN BABIESLLC still retains all rights to all merged material and is merely granting a license to a user who downloaded the video book.A user who downloads and purchases the merged Video book understand it is for their own personal enjoyment. Reproductions or sales of the Video Book is strictly prohibited.

We reserve the right, and you authorize us, to the use and assignment of all of your information regarding your use of our Services, Website and Mobile App in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, material, photos, videos or other information communicated or uploaded by you to us is considered assigned to us and considered our property.

Your original personal photos and videos (those photos and videos that are in your possession prior to uploading to our Mobile App) are yours to keep and use in any way you choose. However, when you upload your photos and videos, and they are integrated with our Mobile App, the integrated photos and videos you upload are considered assigned to us.

We will not be required to treat any material, photos, and videos as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, Services or operations.

Without limitation, we will have exclusive ownership of all present and future existing rights to the material,photos, and videos of every kind and nature that you upload to our mobile app. We will be entitled to use the material, photos, and videos for any commercial or other purpose whatsoever, without compensation to you or any other person. You acknowledge that you are responsible for whatever material, photos, and videos you submit, and you, not us, have full responsibility for them, including their legality, reliability, appropriateness, originality, and copyright.

PRIVACY POLICY

Our Privacy Policy is considered part of this Agreement. You must review this Privacy Policy by clicking on this link.

UNLAWFUL ACTIVITY

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

LINKING TO OUR SERVICES, WEBSITE, MOBILE APP

You may provide links to our Services, Website, Mobile App, provided (a) that you granted access by GN Babies prior to posting any link (b) that you do not remove or obscure, by framing or otherwise, any portion of our Services, Website, Mobile App, (c) your Services, Website, Mobile App does not engage in illegal or pornographic activities, and (d) you discontinue providing links to our Services, Website, Mobile App immediately upon request by us.

LINKS TO OTHER WEBSITE, MOBILE APPS

Our Services, Website, Mobile App may, from time to time, contain links to third party Website, Mobile Apps. Inclusion of links for any Services, Website, Mobile App on our Services, Website, Mobile App does not mean that we endorse, guarantee, warrant, or recommend the services, information, content and/or data of such third party Services, Website, Mobile Apps.GN Babies LLC has no control over the legal documents and privacy practices of third party Services, Website, Mobile Apps; as such, you access any such third party Services, Website, Mobile Apps at your own risk. We recommend that you review the privacy policy and terms and conditions of those sites to fully understand what information is collected and how it is used.

PAYMENTS

You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.

REFUND AND RETURN POLICY

The purchase of Premium Content (In App Purchase) shall be subject to the payment of fees to GN BABIES, LLC which GN BABIES, LLC may determine from time to time in its sole discretion (“Premium Fees”). All Premium Fees paid are nonrefundable. GOODNIGHT BABIES will review any/all cases in which user(s) are unhappy with the services; however, we do not issue refunds. If it is determined by GN Babies LLC that a discrepancy is valid, GN Babies LLC will issue a credit for that discrepancy for the same service and you must notify us within thirty (30) days from your downloaded date or you forfeit the right to a credit. We do not issue refund Credit based on lack of internet/network coverage and/or lack of content posted to a video.

INDEMNIFICATION

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website, Mobile App or Services.

TERMINATION OF LICENSE

The license for the use of our Mobile App is effective until terminated by you or us. Your rights under these Terms and Conditions will terminate automatically without notice from us if you fail to comply with any term of these Terms and Conditions. Upon termination of the license for our Mobile App, you shall cease all use of, and delete the Mobile App from your mobile device, tablet or computer.We reserve the right to refuse access to the Service to anyone for any reason at any time. We reserve the right to force forfeiture of any username for any reason.You can deactivate your GOODNIGHT BABIES account just by deleting the app from your device.

AUTOMATIC CREATION

The Application may provide functionality for the automatic creation of videos or other content. When chosen, the Application will automatically access content on your device in order to create a video. By using this option, you expressly allow GOODNIGHT BABIES to automatically access such content on your device for these purposes. GOODNIGHT BABIES shall not have any liability for the operation of the automatic creation functionality.

GOODNIGHT BABIES may allow users to incorporate certain pre-selected audio works into video summaries. Copyright in such pre-selected audio works is owned by third parties and is licensed by GOODNIGHT BABIES for use in the Services. Such pre-selected audio works may only be used for your own personal purposes. You may not make any commercial or other use of such works, and except as expressly set forth herein you may not copy, lease, publicly perform, broadcast or distribute such works without the prior written consent of the copyright holder. You may not link directly to any such audio works.

Content made available by GOODNIGHT BABIES may come from a variety of sources. You understand GOODNIGHT BABIES is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to any third party Content made available through the Services.

ARBITRATION

Any legal controversy or legal claim arising out of or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Services, Website, Mobile App operations, intellectual property, and our Service, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. By agreeing to arbitration, you agree that disputes between you and GN Babies LLC will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration. You agree that any claim you may have arising out of or related to your relationship with GN BABIES must be filed within one year of such incident and claim arose; otherwise, your claim is permanently barred.

The arbitration shall be conducted in Hoboken,New Jersey, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Hoboken, New Jersey, necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.

GENERAL TERMS

This Agreement shall be treated as though it were executed and performed in Hoboken, New Jersey,and shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, Mobile App or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.User is responsible for messaging and data rates that apply to the use of this application.

SECTION HEADINGS

The headings of the paragraphs, sections or other subdivisions of this Agreement are for convenience in reference and convenience only and shall not be deemed to control or affect the meaning or construction of any provision of this agreement and will not be used in any way to govern, limit, modify, construe or otherwise be given any legal effect.

CONTACT US

Info@Goodnightbabies.com

CHANGES TO OUR TERMS AND CONDITIONS

We reserve the right to change these Terms and Conditions at any time by giving you advanced notice of the changes by email or in writing. We will also post these changes on our Services, Website, Mobile App. These changes to our Terms and Conditions will become effective 30-days after receiving the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any — including for example, arbitration provisions — for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website, Mobile App, services, and products after any change to these Terms and Conditions, and notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website, Mobile App, services and products.