Terms of Service
Complete Legal Agreement for Baby of the Month Contest Platform
Baby photos are only accessible to registered members
Effective Date: January 1, 2025 | Version 1.0
Table of Contents
Member-Only Photo Access Policy
To protect children's privacy and safety, all baby photos on our platform are only accessible to registered and logged-in members. This creates a secure community environment where photos are not publicly viewable on the internet or accessible to search engines.
โ Protected Access
Photos require member login
โ No Public Viewing
Not indexed by search engines
โ ๏ธ US ADULTS ONLY - STRICT ELIGIBILITY REQUIREMENTS
THIS PLATFORM IS RESTRICTED TO US ADULTS (18+) WITH VALID SSN AND ID
To use this platform, you MUST:
- Be 18 years or older (21+ in some states for prizes)
- Be a legal US resident with permanent US address
- Have a valid Social Security Number (SSN)
- Possess unexpired government-issued photo ID
- Be legally authorized to receive prize income in the US
Creating an account constitutes a legally binding affirmation that you meet ALL requirements. False statements may result in criminal prosecution for fraud.
BINDING LEGAL AGREEMENT - IMPORTANT DISCLAIMERS
PLEASE READ CAREFULLY. This is a legally binding contract between you and Baby of the Month LLC ("Company," "we," "us," or "our"). By accessing or using our website, mobile application, or services (collectively, the "Platform"), you agree to be bound by these Terms of Service ("Terms").
WE MAKE NO GUARANTEES OF ANY KIND. OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, INCLUDING ALL DISCLAIMERS AND LIMITATIONS, DO NOT USE OUR PLATFORM.
1. Agreement to Terms
1.1 Acceptance. By creating an account, submitting an entry, voting, or otherwise using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and any other policies referenced herein.
1.2 Legal Capacity & US Residency. You represent and warrant that you:
- Are at least 18 years of age (21+ in certain states)
- Are a legal resident of the United States
- Have a valid Social Security Number (SSN)
- Possess current government-issued photo identification
- Have the legal capacity to enter into binding agreements
- Can provide proof of identity and residency upon request
If using the Platform on behalf of a minor, you additionally represent that you are the verified parent or legal guardian with full authority to act on the minor's behalf and can provide documentation proving your relationship to the child if requested.
1.3 Electronic Agreement. You consent to receive communications from us electronically and agree that all agreements, notices, disclosures, and other communications satisfy any legal requirement that such communications be in writing.
2. Eligibility, Geographic Coverage & Children's Privacy (COPPA)
Service Area & Headquarters
Baby of the Month LLC is a Florida limited liability company with its principal place of business in Florida, USA. We provide services throughout all 50 United States, the District of Columbia, and U.S. territories. We comply with applicable federal law and the laws of each state where our users reside.
COPPA Compliance Statement
We comply with the Children's Online Privacy Protection Act (COPPA). Only parents or legal guardians may submit photos and information about children under 13 years of age.
2.1 User Eligibility - US ADULTS ONLY. The Platform is strictly limited to:
- Adults 18 years or older (21+ in some states for prizes)
- Legal residents of the United States with valid US address
- Possess valid Social Security Number (SSN) for tax reporting
- Have valid government-issued ID (driver's license, state ID, or passport)
- Legally authorized to work in the US (for prize eligibility)
- Not on any government restricted lists (OFAC, etc.)
IMPORTANT: By creating an account, you affirm under penalty of perjury that you meet ALL these requirements. We reserve the right to verify your identity, age, and residency at any time. Failure to provide valid documentation upon request will result in immediate account termination and prize forfeiture.
Children under 18 may not create accounts or directly interact with the Platform. Only verified adult parents or legal guardians may submit content featuring their children.
2.2 Contest Participant Eligibility. Contest entries may only feature babies who:
- Are under 12 months of age at the time of submission
- Reside in any of the 50 United States, District of Columbia, or U.S. territories
- Have parent/guardian consent for participation
- Are not children of Company employees or immediate family members
2.3 State-Specific Eligibility. Some states have additional requirements:
- All States: Void where prohibited by law
- Contest Registration States: We comply with registration requirements in NY, RI, and FL
- Age Restrictions: Some states may require participants to be 18+ or 21+ for certain prizes
- Geographic Restrictions: We reserve the right to limit contests in any state for legal compliance
2.4 Parental Consent. By submitting an entry featuring a child, you represent that:
- You are the child's parent or legal guardian
- You have authority to submit the child's photo and information
- You consent to the collection and use of the child's information as described in our Privacy Policy
- You will immediately notify us of any unauthorized use of the child's information
2.5 Geographic Restrictions. The Platform is operated from Florida and is intended for users located in the United States only. We make no representations that the Platform is appropriate or available for use in other locations. Access from territories where our content or services are illegal is prohibited.
3. Contest Rules & Regulations
CONTEST DISCLAIMERS
WE DO NOT GUARANTEE:
- The fairness or accuracy of voting results
- That contests will occur as scheduled
- That technical errors won't affect outcomes
- That all entries will be properly displayed or counted
- That winners will be determined solely by vote count
- That prizes will be available or as described
We reserve the right to cancel, modify, or suspend any contest at any time for any reason.
3.1 Entry Requirements
- Photo Specifications: Minimum 800x800 pixels, maximum 10MB, JPG/PNG format (subject to change)
- Content Requirements: Clear photo of baby as primary subject, appropriate attire
- Submission Limit: One entry per baby per monthly contest period (may be modified)
- Required Information: Baby's first name, age in months, parent contact information
- Optional Information: Location (city/state), brief message (max 250 characters)
Requirements subject to change without notice.
3.2 Voting System
Free Daily Votes: Each user may cast one free vote per entry per day (subject to change)
Purchased Vote Bundles: Additional votes may be purchased in bundles (5, 10, 25, 50, 100) at dynamic prices
Vote Credits: Credits may be earned through various activities including:
- Newsletter subscriptions
- Social media shares and authentication
- Referral program participation
- Promotional campaigns and loyalty rewards
Admin-Granted Votes: We may grant votes for promotional or compensatory purposes
Credit Expiration: Vote credits expire based on type (typically 30-90 days)
Fraud Detection: We employ comprehensive fraud detection including:
- IP tracking and device fingerprinting
- VPN/proxy detection
- Pattern analysis and ML-based scoring
- Manual review of suspicious activity
Vote Validity: We reserve the right to invalidate votes deemed fraudulent
Surge Pricing: Vote bundle prices may increase during peak competition periods
We reserve the right to modify voting rules, prices, and credit terms at any time.
3.3 Contest Periods
Monthly Contests: Typically run from the 1st to last day (subject to change)
Entry Period: May close at any time at our discretion
Voting Period: Subject to early termination or extension
Winner Announcement: No guaranteed announcement date
All dates and times are approximate and subject to change without notice.
3.4 Disqualification
We may disqualify any entry at our sole discretion, including but not limited to:
- Violation of these Terms or contest rules
- Inappropriate or offensive content (as determined by us)
- Copyright or trademark infringement (alleged or actual)
- Vote fraud or unauthorized voting methods (suspected or confirmed)
- Multiple accounts or false information
- Any reason we deem appropriate
Disqualification decisions are final and not subject to appeal. We have no obligation to provide reasons.
4. Prizes, Payments & Taxes
PRIZE DISCLAIMERS
IMPORTANT: WE MAKE NO GUARANTEES REGARDING PRIZES. ALL PRIZE INFORMATION IS SUBJECT TO CHANGE.
- Prize amounts may be reduced or eliminated at any time
- Prizes are subject to availability and verification
- We may substitute prizes of equal or lesser value
- Prize distribution is at our sole discretion
- Technical errors may affect prize calculations
- We are not responsible for lost or misdirected prizes
4.1 Prize Structure (Subject to Change)
Prize amounts are illustrative only and not guaranteed. Actual prizes may differ.
4.2 NO Prize Guarantee. While we intend to award prizes as described, we expressly disclaim any guarantee of prize availability, amount, or distribution. Prizes are subject to budget constraints, sponsor availability, and our sole discretion.
4.3 Winner Verification - MANDATORY REQUIREMENTS. ALL winners MUST complete verification within 30 days, which includes:
REQUIRED DOCUMENTATION FOR ALL PRIZE WINNERS:
- Valid Social Security Number (SSN) for IRS Form W-9 tax reporting
- Government-issued photo ID (unexpired driver's license, state ID, or US passport)
- Proof of US residency (utility bill, bank statement dated within 60 days)
- Signed affidavit of eligibility and complete liability/publicity release
- IRS Form W-9 (required for ALL prizes regardless of amount)
- Birth certificate or legal documentation proving relationship to entered child
NO EXCEPTIONS: Winners who cannot or will not provide ALL required documentation within 30 days automatically forfeit their prize. Prizes may be awarded to alternate winners at our discretion.
Note: We report all prizes to the IRS as required by law. Winners will receive Form 1099-MISC for prizes over $600. You are responsible for all taxes on prizes won.
4.4 Payment Methods. If prizes are distributed, methods are at our discretion and may include:
- Electronic payment (if available)
- Check (subject to processing delays)
- Alternative prizes or credits
- No payment (if circumstances warrant)
4.5 Tax Obligations. Winners are solely responsible for ALL taxes. We make no representations about tax consequences. Consult your tax advisor. We may withhold taxes as required by law.
4.6 Unclaimed Prizes. Prizes not claimed within 30 days are forfeited. We have no obligation to notify winners, select alternates, or redistribute forfeited prizes.
5. Content, Intellectual Property & Licenses
5.1 Your Content Rights
You retain all ownership rights to photos and content you submit ("User Content"). By submitting User Content, you represent and warrant that:
- You own or have necessary rights to the content
- Your content doesn't infringe any third-party rights
- You have consent from any identifiable persons
- The content is original and not copied
- You have authority to grant the licenses below
5.2 License Grant to Company
By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to:
- Host, store, and display the content on our Platform
- Use for promotional and marketing purposes
- Create derivative works (thumbnails, crops)
- Feature winners in press releases and media
- Share on our social media channels
- Include in contest galleries and archives
๐ PHOTO PROTECTION: Submitted photos are only visible to registered and logged-in members. This member-only access helps protect your child's privacy. However, registered members may still copy or share photos, and we cannot control how members use accessed content.
This license continues even if you delete your account, but only for content already used in contest promotions or winner announcements.
5.3 Company Intellectual Property
All Platform content, features, and functionality (including design, logos, text, graphics, and software) are owned by Company and protected by intellectual property laws. You may not:
- Copy, modify, or create derivative works
- Reverse engineer or decompile any software
- Remove copyright or proprietary notices
- Use our trademarks without permission
- Frame or mirror any part of the Platform
5.4 DMCA Compliance
We respect intellectual property rights. To report copyright infringement, send a DMCA notice to:
Email: info@babyofthemonth.org
Include: Description of copyrighted work, location on Platform, your contact information, statement of good faith belief, and electronic signature.
6. User Conduct & Prohibited Activities
6.1 Acceptable Use
You agree to use the Platform only for lawful purposes and in accordance with these Terms. You agree not to:
Content Violations
- โข Submit inappropriate or offensive content
- โข Post nude or sexually suggestive images
- โข Include violent or disturbing content
- โข Use profanity or hate speech
- โข Submit copyrighted material
- โข Include commercial advertising
Technical Violations
- โข Use automated bots or scripts
- โข Attempt to hack or breach security
- โข Interfere with Platform operation
- โข Bypass rate limits or restrictions
- โข Scrape or harvest data
- โข Transmit viruses or malware
Contest Violations
- โข Create multiple accounts
- โข Manipulate voting results
- โข Submit false information
- โข Harass other participants
- โข Coordinate voting schemes
- โข Use stolen payment methods
Legal Violations
- โข Violate any applicable laws
- โข Infringe intellectual property
- โข Engage in fraud or deception
- โข Impersonate others
- โข Stalk or threaten users
- โข Violate privacy rights
6.2 Enforcement. Violation of these conduct rules may result in immediate account termination, disqualification from contests, forfeiture of prizes, and potential legal action.
7. Privacy & Data Protection
7.1 Privacy Policy. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to our data practices.
7.2 Children's Privacy. We comply with COPPA and do not knowingly collect personal information directly from children under 13. All child information must be submitted by parents or guardians.
7.3 Data Security. We implement industry-standard security measures but cannot guarantee absolute security. You acknowledge the inherent risks of providing information online.
7.4 International Transfer. Your information may be transferred to and maintained on servers located outside your jurisdiction. By using the Platform, you consent to such transfers.
8. Disclaimers & Limitation of Liability
READ CAREFULLY - THESE LIMITATIONS ARE FUNDAMENTAL TO OUR AGREEMENT:
8.1 NO MEDICAL ADVICE DISCLAIMER
THIS PLATFORM DOES NOT PROVIDE MEDICAL ADVICE. ALL CONTENT IS FOR INFORMATIONAL PURPOSES ONLY.
The information on this Platform, including any parenting guides, health-related content, or developmental information:
- Is NOT intended as medical, psychological, or professional advice
- Should NOT replace consultation with qualified healthcare providers
- Represents personal opinions and experiences only
- May not apply to your specific situation
ALWAYS CONSULT QUALIFIED HEALTHCARE PROVIDERS FOR ANY HEALTH CONCERNS.
8.2 Complete Service Disclaimer
THE PLATFORM AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES WHATSOEVER. WE EXPLICITLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:
- WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE
- WARRANTIES OF TITLE OR NON-INFRINGEMENT
- WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
- WARRANTIES REGARDING ACCURACY, RELIABILITY, OR CONTENT
- WARRANTIES THAT DEFECTS WILL BE CORRECTED
- WARRANTIES AGAINST VIRUSES OR HARMFUL COMPONENTS
WE DO NOT GUARANTEE THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
8.3 Absolute Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO:
- DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOST PROFITS, REVENUE, DATA, OR USE
- BUSINESS INTERRUPTION OR REPUTATION DAMAGE
- COST OF SUBSTITUTE SERVICES
- PERSONAL INJURY OR EMOTIONAL DISTRESS
- ANY DAMAGES EXCEEDING $100 USD
THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3 Complete Indemnification
You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, costs, and expenses (including attorneys' fees and court costs) arising from or related to:
- Your use or misuse of the Platform
- Your violation of these Terms
- Your violation of any law or third-party rights
- Any content you submit
- Any damages you cause to others
- Your negligence or misconduct
This indemnification survives termination of these Terms.
8.4 Force Majeure
We shall not be liable for any failure or delay in performance resulting from circumstances beyond our control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, pandemics, Internet service interruptions, or shortages of transportation, facilities, fuel, energy, labor, or materials.
8.5 No Guarantees
WE EXPLICITLY DO NOT GUARANTEE:
- The accuracy of contest results or vote counts
- The availability or amount of any prizes
- The security of your information or content
- The behavior of other users
- The continued operation of our services
- Any particular outcome or result
JURISDICTIONAL LIMITATIONS: Some jurisdictions do not allow certain warranty exclusions or liability limitations. If these laws apply to you, some exclusions may not apply. However, our liability will be limited to the maximum extent permitted by applicable law, which may be zero.
9. Dispute Resolution, Mandatory Arbitration & Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY โ IT AFFECTS YOUR LEGAL RIGHTS
BY USING OUR PLATFORM, YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVE YOUR RIGHT TO:
- GO TO COURT (except small claims)
- HAVE A JURY TRIAL
- PARTICIPATE IN A CLASS ACTION
- PARTICIPATE IN A PRIVATE ATTORNEY GENERAL ACTION
- JOIN OR CONSOLIDATE CLAIMS WITH OTHER USERS
9.1 Mandatory Pre-Arbitration Process
REQUIRED NOTICE: Before initiating any legal proceeding, you MUST:
- Send Written Notice: Email info@babyofthemonth.org with subject "Legal Dispute Notice" containing:
- Your full name and contact information
- Description of the dispute and relief sought
- Supporting documentation
- Confirmation you seek informal resolution
- Wait 60 Days: Allow us 60 days to investigate and respond
- Engage in Good Faith: Make reasonable efforts to resolve informally
Failure to complete this process voids your right to pursue any claim.
9.2 Binding Individual Arbitration Agreement
YOU AND COMPANY AGREE THAT ALL DISPUTES SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING INDIVIDUAL ARBITRATION.
Scope: This agreement covers ALL disputes, including but not limited to:
- Claims relating to any aspect of our relationship
- Claims that arose before this agreement
- Claims currently subject to litigation
- Claims relating to advertising, contests, prizes
- Privacy, data security, or data breaches
- Intellectual property disputes
- Statutory, common law, or regulatory claims
This agreement survives termination of your account and these Terms.
9.3 Arbitration Procedures
Administrator: American Arbitration Association (AAA) under Consumer Arbitration Rules
Initiating: File at www.adr.org or 1-800-778-7879
Location: Hearings in your county of residence or Wilmington, Delaware (your choice)
Arbitrator: Single neutral arbitrator with at least 5 years experience
Fee Structure:
- Claims โค $10,000: We pay all AAA and arbitrator fees
- Claims > $10,000: AAA Consumer Rules apply
- If you win: We pay your reasonable attorney's fees
- Frivolous claims: You reimburse our fees
Powers: Arbitrator may award same relief as court, including injunctive relief, but only individually
Decision: Written, reasoned decision is final and binding (limited appeal rights under FAA)
9.4 CLASS ACTION WAIVER โ NO CLASS PROCEEDINGS
YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, COLLECTIVE ACTIONS, OR REPRESENTATIVE ACTIONS.
- Arbitration must be INDIVIDUAL only
- NO class, collective, or representative arbitrations
- NO private attorney general actions
- NO consolidation with other proceedings
- Arbitrator has NO authority to conduct class proceedings
- You may bring claims ONLY on your own behalf
IF THIS CLASS ACTION WAIVER IS INVALID, THE ENTIRE ARBITRATION AGREEMENT IS VOID.
9.5 Limited Exceptions
This arbitration agreement does NOT apply to:
- Small claims court actions (individual claims within jurisdictional limits)
- Injunctive relief for IP infringement (may seek in court)
- Disputes excluded by applicable law
Even in court proceedings, YOU WAIVE JURY TRIAL RIGHTS.
9.6 30-Day Opt-Out Right
IMPORTANT: You may opt out of arbitration by sending written notice to info@babyofthemonth.org within 30 days of first using our Platform. Include:
- Your full name and email address
- Clear statement opting out of arbitration
- Date of first Platform use
Opting out does not affect other Terms. You still waive class actions.
9.7 Governing Law for Arbitration
This arbitration agreement is governed by the Federal Arbitration Act (FAA) and federal arbitration law. The arbitrator must apply Florida substantive law and federal law where applicable.
Changes to This Section: We will provide 30 days notice of material changes to this arbitration agreement. Changes apply to disputes arising after the effective date. If you continue using the Platform after changes, you accept them.
10. General Provisions
10.1 Modifications
We may modify these Terms at any time. Material changes will be notified via email or Platform notice 30 days before effectiveness. Continued use after changes constitutes acceptance.
10.2 Termination
We may terminate or suspend your account immediately for Terms violations. Upon termination, your right to use the Platform ceases, but provisions that should survive will remain in effect.
10.3 Governing Law & Jurisdiction
IMPORTANT: These Terms are governed by Florida law and federal law applicable in Florida.
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. You agree that:
- Any disputes will be resolved in Florida courts or through arbitration as specified
- You consent to personal jurisdiction in Florida
- Venue for any proceedings shall be in Florida
- Florida law applies regardless of your state of residence
However, we comply with applicable consumer protection, privacy, and contest laws in your state of residence to the extent they provide greater protection than Florida law.
10.4 State Law Compliance
While these Terms are governed by Florida law, we comply with applicable laws in all states where we operate, including but not limited to:
- Contest Laws: State-specific sweepstakes and contest regulations
- Privacy Laws: CCPA (California), VCDPA (Virginia), CPA (Colorado), and others
- Consumer Protection: State consumer protection statutes
- Child Protection: State-specific child privacy and protection laws
- Tax Laws: State tax withholding and reporting requirements
Where state law conflicts with these Terms, we will comply with state law to the extent required while maintaining these Terms to the maximum extent permitted.
10.5 Severability
If any provision is deemed invalid or unenforceable under applicable state or federal law, the remaining provisions continue in full force. Invalid provisions will be modified to reflect the parties' intent and comply with applicable law.
10.6 Entire Agreement
These Terms, Privacy Policy, and referenced policies constitute the entire agreement between you and Company regarding the Platform, superseding any prior agreements. State-specific addenda may apply where required by law.
10.7 Assignment
You may not assign these Terms without our consent. We may assign our rights to any successor or affiliate without restriction.
Multi-State Operations Notice
As we operate in all 50 states, these Terms are designed to comply with the requirements of each state while maintaining consistency. If you believe any provision violates your state's laws, please contact info@babyofthemonth.org. We reserve the right to modify our services or these Terms in any state to ensure compliance with local regulations.
11. State-Specific Legal Notices
The following state-specific notices apply to residents of these states:
California Residents
Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs:
- โข By mail: 1625 North Market Blvd., Sacramento, CA 95834
- โข By phone: (916) 445-1254 or (800) 952-5210
New York Residents
For contests with total prizes exceeding $5,000, we file with the New York Secretary of State as required. NY residents may obtain a copy of our filed disclosure by contacting us.
Rhode Island Residents
For contests with certain prize thresholds, we register with the Rhode Island State Police as required. Registration information available upon request.
Maryland Residents
Under Maryland law, verbal prize notifications are not valid. All prize awards will be confirmed in writing via email or postal mail.
Wisconsin Residents
Wisconsin residents have specific cancellation rights. Contact us for details about your rights under Wisconsin consumer protection laws.
All States - Contest Alternative Method of Entry
NO PURCHASE NECESSARY. For free alternative method of entry in states requiring it, send a 3x5 card with your name, address, email, and baby's information to: Baby of the Month AMOE, Florida, USA. Limit one AMOE entry per envelope.
State Attorney General Contacts: If you have concerns about our compliance with your state's laws, you may contact your state's Attorney General consumer protection division. We maintain a list of state AG contacts at babyofthemonth.org/legal/state-contacts.
12. Comprehensive Risk Acknowledgment & User Responsibilities
ASSUMPTION OF ALL RISKS
BY USING OUR PLATFORM, YOU EXPRESSLY ACKNOWLEDGE AND ASSUME ALL RISKS ASSOCIATED WITH:
- Posting photos of your children online
- Potential unauthorized use or distribution of submitted content
- Data breaches or security incidents
- Technical failures affecting contest outcomes
- Loss of prizes or voting credits
- Disputes with other users
- Any harm arising from Platform use
12.1 Your Sole Responsibilities
You are SOLELY responsible for:
- Content Decisions: Evaluating the risks of posting your child's photo online
- Privacy Protection: Protecting your own and your child's privacy
- Account Security: Maintaining confidentiality of login credentials
- Legal Compliance: Ensuring your use complies with all applicable laws
- Parental Authority: Having proper authority to submit content featuring minors
- Financial Decisions: Any money spent on votes or services
- Tax Obligations: All taxes on prizes won
- Due Diligence: Verifying information and understanding risks
12.2 Platform Limitations
WE EXPLICITLY DO NOT:
- Guarantee the safety or privacy of submitted content
- Provide professional childcare, legal, or financial advice
- Verify the identity or authority of users
- Monitor or moderate all content or interactions
- Guarantee prevention of inappropriate use of photos
- Ensure technical functionality or availability
- Promise any particular contest outcome or prize distribution
12.3 Release of Claims
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND FOREVER DISCHARGE US FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, RIGHTS, AND CAUSES OF ACTION OF ANY KIND ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM.
IF YOU DO NOT AGREE TO ASSUME ALL RISKS AND RESPONSIBILITIES, DO NOT USE OUR PLATFORM.
13. Data Security & Privacy Disclaimers
NO SECURITY GUARANTEES
WE DO NOT GUARANTEE THE SECURITY OF YOUR INFORMATION. NO DATA TRANSMISSION OR STORAGE SYSTEM IS 100% SECURE. YOU TRANSMIT ALL INFORMATION AT YOUR OWN RISK.
13.1 Security Limitations. While we implement commercially reasonable security measures, we cannot and do not guarantee protection against all threats, including but not limited to hackers, cyberattacks, data breaches, unauthorized access, technical failures, or human error.
13.2 Third-Party Access. We are not responsible if third parties gain unauthorized access to your information through no fault of ours, including through your own devices, networks, or accounts.
13.3 Public Nature of Internet. You acknowledge that the Internet is not a secure medium and that privacy cannot be ensured. We are not responsible for interception or interruption of transmissions or for changes to or losses of data.
13.4 Photo Access & Distribution. Photos are only visible to registered and logged-in members to protect privacy. However, we cannot guarantee that registered members won't copy, download, or distribute photos they can access. By submitting photos, you acknowledge that any member with access may potentially save or share them, and you accept these risks.
13.5 Breach Notification. While we may attempt to notify you of security breaches, we do not guarantee timely or complete notification, and we are not liable for any failure to provide such notice.
Questions About These Terms?
Our legal team is here to help clarify any questions about these Terms of Service.
Baby of the Month LLC
A Florida Limited Liability Company
Principal Place of Business: Florida, USA
ยฉ 2025 All Rights Reserved | All Trademarks Property of Their Respective Owners