Please carefully read this agreement prior to completing your registration and/or using any part of the MyOffspring.com web-site and/or service. You may not use the MyOffspring.com web-site and/or service without accepting these terms and conditions agreement by clicking the “I AGREE” button.
This agreement is between My Offspring Limited (“we,” “us,” or “our”) and you, and governs your use of the MyOffspring.com web-site, including without limitation all information, content, design, text, graphics, and interfaces on the web-site or uploaded to the web-site, and all content and products and services offered on or through the web-site.
The MyOffspring.com web-site is under constant development and update and where the service is originally developed for England and Wales it will also be adapted for use in other countries over time.
By clicking the “I Agree” button you agree to the terms and conditions contained in this agreement.
A. License grant, site access and disclaimer
Subject to the terms of this Agreement, My Offspring Limited hereby grant, and you hereby accept, a limited, non-exclusive, non-transferable license to use the MyOffspring.com service and site and its content. You agree that you will not copy, alter, modify, paraphrase, revise, display, store, sublicense, timeshare, publish, transmit, rent, lease, sell or otherwise transfer or distribute the web-site or its content, or any portion thereof, or create derivative works thereof, except as specifically authorized herein or in writing by My Offspring Limited in a separate document. You further agree not to modify in any way, or delete, any warnings, notices, liability limitations, or other license provisions contained on the web-site or in any content. All information you provide to us through the web-site must be accurate, current and complete. If at any time we discover any error or omission in the information you provide, we may at our discretion terminate your right to access and use the web-site without any compensation neither financial or other kind to you.
The MyOffspring.com web-site is not a substitute for the professional judgement of an attorney, mediator or other professional and we do not give legal advice and any material published on the MyOffpsing.com web-site which may reasonably be construed being legal advice is non-legally binding and published without liability of any kind to neither My Offspring Limited nor its partners. You warrant and represent that you have all legal rights necessary to receive, use, transmit, and disclose all data that you use in any way on the MyOffspring.com web-site, and you acknowledge that your reliance upon the MyOffspring.com web-site and any content is solely at your own risk.
B. User fees
Your use of the MyOffspring.com web-site and services is subject to your becoming a subscriber to the service either as a free user with limited access to the MyOffspring.com web-site and service or a paid premium subscriber with full access to all parts of the service by paying either £ 34.00 for a single person six months subscription or £ 49.00 for a single person twelve months subscription or £ 199.00 for a six person twelve month Family premium subscription. My Offspring Limited will charge your credit card the full amount for the subscription immediately. Once you have initiated the service by using the issued username and password to access the MyOffspring.com web-site you no longer have any rights to a refund of the subscription charges and prior to using the issued username and password to access the MyOffspring.com web-site you have thirty (30) days from the date of purchase to receive a full refund, no partial refunds will be granted after the initial 30 days have passed. Upon expiration of your subscription, you will receive five (5) grace logins to allow access pending your renewal. Thereafter, a renewal payment is required before further access to the site is granted and after thirty (30) days from expiration of your subscription My Offspring Limited reserves the right to delete all information and material submitted by you without regress and compensation of any kind from My Offspring Limited to you.
C. Use and ownership of intellectual property
The MyOffspring.com web-site consists of copyrighted works proprietary to us or to third parties who have provided us with the content. You may download and print copies of the content solely for your personal, non-commercial use. Any material you download or print (excluding information provided by you) may not be altered in any way, and must respect all copyright and proprietary rights and notices wherever contained in the content.
By submitting original material and content produced by you to the MyOffspring.com web-site and service you relinquish all intellectual property right to this material and grant all intellectual property rights to this material to My Offspring Limited.
Any unauthorised or unapproved use of the MyOffspring.com web-site or the service or the content of the web-site constitutes copyright infringement and subjects you to all civil and criminal penalties provided for under patent, copyright and other applicable laws and regulations.
You agree that My Offspring Limited and our third party content providers and partners own all worldwide right, title and interest in and to the MyOffspring.com web-site and the content. All rights regardless of whether they are expressly granted in these terms and conditions agreements are reserved to us. No other rights or licenses, whether express, implied, arising by estoppel or otherwise are conveyed or intended by these terms and agreements.
A password is required to access and use the MyOffspring.com web-site and you are solely responsible for (1) maintaining the strict confidentiality of the password assigned to you, (2) instructing any individual to whom you disclose your password not to allow another person to use your password to access the MyOffspring.com web-site without your express permission, (3) any charges, damages, or losses that may be incurred or suffered as a result of your failure, or the failure of any individual using your password, to maintain the strict confidentiality of the password, and (4) promptly informing us in writing of any need to deactivate a password due to security concerns. We are not liable for any harm related to authorization, disclosure or theft of your password. You agree to immediately notify us of any unauthorised use of your password. You will be liable for any use of the MyOffspring.com web-site through your password. Additionally, you are liable for any unauthorised use of the MyOffspring.com web-site until you notify us of any security breach.
E. Third party content access
For legal reasons MyOffspring Limited are obliged to log all traffic on and content submitted to the MyOffspring.com web-site and any such log-files will be handed over to appropriate authorities in the case of My Offspring Limited being presented with an appropriate court order issued by the appropriate authorities. My Offspring Limited may also give access to by you in writing to My Offspring limited or by you electronically approved third parties to any material submitted by you on the MyOffspring.com web-site and/or service.
G. Confidential personal information
The MyOffspring.com web-site and services enables you to transmit, store, and receive confidential personal information regarding you, your family and/or other persons. You represent and warrant that you will, at all times during the term of these terms and conditions agreements and thereafter, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the confidential personal information. You further represent and warrant that you will use your best efforts to cause all persons or entities under your direction or control to comply with such laws. You are, at all times during the term of this terms and conditions agreement and thereafter, solely responsible for obtaining and maintaining all legally necessary consents or permissions, required or advisable, to disclose, process, retrieve, transmit, and view the confidential personal information you transmit, store, or receive in connection with the MyOffspring.com web-site and services. You agree that we, our licensors, and all other persons or entities involved in the operation of the MyOffspring.com web-site and services, have the right to monitor, retrieve, store and use confidential personal information in connection with the operation of the MyOffspring.com web-site and services, and that we are acting on your behalf in transmitting confidential personal information. We agree to use commercially reasonable efforts to maintain the confidentiality of such information and prevent the disclosure of such information to third parties except in connection with the transmission, storage, retrieval, and disclosure of such information on your behalf and as may be required or permitted by law.
We cannot and do not assume any responsibility for your use or misuse of confidential personal information or other information transmitted, monitored, stored or received while using the MyOffspring.com site and/or services.
H. Warranty disclaimers
The MyOffspring.com web-site and services are provided to you on an “as is with all faults” basis and your use is at your own risk. My Offspring Limited and any of our partners make no warranties of any kind either expressed or implied including without limitation the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement and any warranties arising by course of dealing, custom or trade. My Offspring Limited or any of our partners make no representation or warranty that any content is accurate, complete, appropriate, reliable, legally binding or timely. My Offspring Limited and our partners also make no representations or warranties that your access to and use of the MyOffspring.com web-site and/or services will be uninterrupted or error-free, is free of viruses or unauthorised codes or other harmful components or is secure. You are responsible for taking all precautions you believe necessary or advisable to protect yourself against any claim or damage or loss or hazard that may arise by virtue of your use of the MyOffspring.com web-site and/or services.
I. Limitation of liability
Under no circumstances will My Offspring Limited or any of our partners be responsible or liable to you or any other individual or entity for any direct or compensatory or indirect or incidental or consequential or special or exemplary or punitive damages including lost profits and lost business opportunities that result from or relate in any way or manner whatsoever to use of the MyOffspring.com site or services offered hereon or reliance on the content by you or anyone using your password or errors, inaccuracies, omissions, defects, untimeliness, security breaches or any other failure to perform by My Offspring Limited or our partners. The foregoing exclusions shall apply regardless of whether we have been advised of the possibility of such damages.
If, notwithstanding this terms and conditions agreement, we should have any liability to you or any third parties for any loss or harm or damage you and My Offspring Limited and our partners agree that such liability shall under no circumstances exceed the lesser of £ 10.00 or the fees you paid to us during the latest subscription period that you have paid to My Offspring Limited immediately preceding the day the act or omission occurred which gave rise to your claim. You and My Offspring Limited and our partners agree that the foregoing limitation of liability is an agreed upon allocation of risk between you and My Offspring Limited and our partners which considers the fees, if any, we charge you to use the MyOffspring.com web-site and/or services and you acknowledge that absent your agreement to this limitation of liability we would not provide the MyOffspring.com web-site and/or services to you.
You agree to defend, indemnify and hold us harmless from any claims or losses or expenses or costs or damages including reasonable attorneys’ fees and expert fees and any other costs of litigation arising from or incurred as a result of or in any manner related to your breach of this terms and conditions agreement and/or use of the MyOffspring.com web-site and services offered thereon by you or any other person using your password, and the unauthorised or unlawful use of the MyOffspring.com web-site and services by you or any other person using your password.
K. Termination of agreement
Your right to access and use the MyOffspring.com web-site and services will immediately be terminated without further notice upon your breach of this terms and conditions agreement. We may terminate this Agreement and/or your right to use the MyOffspring.com web-site and services at any time, with or without cause. All paragraphs of this terms and conditions agreement survive the expiration or termination of this agreement for any reason whatsoever. My Offspring Limited reserves the right to discontinue or make changes to the MyOffspring.com web-site and services at any time.
My Offspring Limited may assign this terms and conditions agreement, in whole or in part, in our sole discretion. You may not assign your rights under this terms and conditions agreement without our prior written permission. Any attempt by you to assign your rights under this terms and conditions agreement without our permission shall be void. The waiver by us of a breach of any provision of this terms and conditions agreement shall not operate or be construed as a waiver of any other or subsequent breach. If any provision of this terms and conditions agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this terms and conditions agreement shall remain in full force and effect. This terms and conditions agreement is governed by the laws of England and Wales without giving effect to any principles of conflicts of law.
M. Entire terms and conditions agreement
This terms and conditions agreement contains the entire agreement between you and My Offspring Limited relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. You agree that you have not relied on any other verbal or written statements, actions or representations by My Offspring Limited, our employees, or agents in consenting to the terms of this terms and conditions agreement. This terms and conditions agreement may not be amended or supplemented by any document originated by you relating to the subject matter hereof, or any statements of any of My Offspring Limits employees and agents. My Offspring Limited reserves the right to make changes to this terms and conditions agreement at any time without advance notice. My Offspring Limited agrees to put any amended forms of this terms and conditions agreement on the MyOffspring.com web-site. You must read and assent to the most current form of this terms and conditions agreement before using the MyOffspring.com web-site and services to ensure that you agree to this terms and conditions agreement of any amendments made to this agreement.
Website legal and financial disclaimer
(1) No advice
The MyOffspring.com web-site contains general information which does not constitute legal or financial advice, and should not be treated as such.
(2) No warranties
The legal and financial information on the MyOffspring.com web-site is provided without any representations or warranties, express or implied. We make no representations or warranties in relation to the legal information on this website.
Without prejudice to the generality of the foregoing paragraph, we do not warrant that:
(a) the legal and financial information on the MyOffspring.com web-site will be constantly available, or available at all; or
(b) the legal information on The MyOffspring.com web-site is complete, true, accurate, up-to-date, or non-misleading.
(3) Professional assistance
You must not rely on the information on the MyOffspring.com web-site as an alternative to legal advice from your lawyer or other professional legal services provider or financial advice from your financial advisor. If you have any specific questions about any legal or financial matters you should consult your lawyer or other professional legal services provider or financial advisor. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this web-site just as you should never delay seeking financial advice, disregard financial advice, or commence or discontinue any financial action because of information on this web-site.
(4) Limiting our liability
Nothing in this legal disclaimer will:
(a) limit or exclude our liability for death or personal injury resulting from negligence;
(b) limit or exclude our liability for fraud or fraudulent misrepresentation;
(c) limit any of our liabilities in any way that is not permitted under applicable law; or
(d) exclude any of our liabilities that may not be excluded under applicable law.
This legal disclaimer was created using a legal disclaimer template from Website Law.