TERMS OF SERVICE

These Terms of Service set out the terms under which you (the “Subscriber”) agree to subscribe to MyBaby. These Terms of Service form a legally binding agreement between you and Red River College Polytechnic (the “Service Provider”) and its designates and assigns. If you do not agree to these Terms of Service, you may not use MyBaby or subscribe to receive message from MyBaby.

About The MyBaby Project:

MyBaby was developed with and for young expectant and new parents to promote healthy child development. Subscribers sign up to receive short and engaging weekly video messages.

MyBaby was selected as one of three finalists of the Manitoba Open Innovation Challenge. MyBaby has received funding from the Province of Manitoba and is grateful for this support.

Provision of Personal Information:

The nature of MyBaby requires that Subscribers provide necessary personal information in order for us to communicate with the subscriber and provide the subscriber with videos and information about the subscriber’s baby’s development. In order to use MyBaby, we require: the email address of the subscriber in order to transmit a link to a weekly message by email. The cellphone number of the subscriber is also required for subscribers who prefer to receive message links by text message. You have the option to provide your name when subscribing.

Responsibility for Charges:

MyBaby sends a link to relevant videos to subscribers by email and/or text message. Accordingly, in order to participate, a subscriber will require access to an email account and Internet access, and/or use of a smartphone or other appropriate devices to receive text messages and to open links to videos which can be viewed on the Internet. Subscribers must have access to required technology in order to use the service. Subscribers are solely responsible and liable for any and all costs and charges necessary to use required technology, obtain internet access and/or to receive text messages. The Service Provider is not responsible or liable for any such charges.

Consent:

By subscribing to MyBaby, you are consenting to the transmission of emails and/or text messages from the Service Provider to you concerning MyBaby. Should you no longer wish to participate in MyBaby, you can adjust your user preferences on your profile page to turn off notifications / unsubscribe.

Information Only:

The Service Provider is providing communications for informational purposes only, which does not constitute advice of any kind; information provided as part of MyBaby is not a substitution for medical or other professional advice. Subscribers are encouraged to consult professionals as reasonably necessary to ensure the health and welfare of their babies.

Intellectual Property Rights and Ownership

You understand and agree that MyBaby and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by the Service Provider, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

Use Restrictions:

You may only use MyBaby, including content sent or transmitted to you, for your personal educational and non-commercial use or, as a subscriber, in your professional or paraprofessional role, you may share the content sent or transmitted to you by MyBaby with your clients, patients or families with whom you work, either individually or in group settings, provided that any proprietary notices remain intact, that you do not charge admission, and you abide by these Terms of Service.

Other than as specifically permitted above, you shall not directly or indirectly reproduce, publish, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any MyBaby material, in any form or medium whatsoever.

Users are not permitted to modify copies of any materials from MyBaby nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of MyBaby or any services or materials available through the MyBaby website or sent or transmitted to you.

Limitation of Liability:

While the Service Provider carefully screens the content it transmits as part of MyBaby, we do not warrant that any such content provided, transmitted or sent by us is accurate, complete, error-free, or fit for a particular purpose. The Service Provider does not warrant that the service will be uninterrupted. In no event will the Service Provider be liable to you or any third party (including without limitation your client, patient or a family with whom you are working) claiming through you (whether based in contract, tort, or otherwise) for any direct, indirect, special consequential or other damages arising out of or relating to your participation in, accessing, use and/or reliance of any information in connection with MyBaby or any content provided as part thereof.

Termination:

The Service Provider reserves the right to terminate MyBaby at any time and/or to terminate a subscriber’s participation in MyBaby at any time, all without notice.

Intellectual Property Rights:

MyBaby and all content associated therewith, including content sent or transmitted to you, are proprietary to the Service Provider and/or those who have licensed such content to it and are subject to protection under applicable trademark, copyright and other intellectual property laws. Any unauthorized copying, reproduction, distribution or other transmission of MyBaby and its content is actionable at law.

Governing Law:

These Terms of Service are governed by and construed in accordance with the laws of the Province of Manitoba and Canada applicable hereto.

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