DiaperChange.us

Terms Of Use


1. Introduction

Welcome to Diaperchange.us (also known as “we”, “us”, “Service”, and “Site”), your source for locating the nearest diaper changing location near you as well as family friendly businesses and establishments. This Terms of Service, together with our Privacy Policy and any other documents, contain mutual promises between you and us (“Agreement”). We would love to stop there, but our lawyer told us that some readers are new parents who have gotten a cumulative 3.5 hours of sleep over the past month, so just to be absolutely clear, “you” refers to the person/entity reading this Agreement, surfing our Site, using our Service.

Also, this is a legally binding Agreement, which means it involves lawyers and expensive suits and lots of watching Law & Order.

2. Description of Service

Diaperchange.us is a mobile application that uses your location information to automatically locate the nearest diaper changing station and/or family friendly business near you. Our Service, however, is based online so you need to have a device that is connected to the Internet to use it. Unless own a device that is able to use our service without being online, in which case you are probably from the future, and we don’t know where your DeLorean is.
If you elect to provide information to us, or to a business that is listed in our database, you may be contacted by the business that is utilizing our platform. If you do not like being contacted, please do not provide any information to us or any third party business that is listed in our database about yourself.

3. Eligibility, Registration, Interaction with Third Parties

In order for you to create a profile on the Site, you may be required to provide your name, e-mail address, mailing address, zip code, and telephone number. We may also ask you general questions. We will never share your personally identifiable information without your consent.
In addition to providing us with the above information, you must be at least eighteen years old to sign up for our service, or, if a higher age of contractual capacity exists in your jurisdiction, then you must be at least that age. We do this because we’re a family friendly business.
In addition, by signing up for or participating in any Service you agree to only use it in a way that is compliant with CAN-SPAM Act of 2003, 15 U.S.C. 7701 as well as any FCC requirements regarding text marketing.
In addition, when interacting with our Site or our Service you agree that:

  • You will not deceive us or anyone connected with the Service;
  • You will not use the site or the Service to engage in any illegal conduct, allude to or request any illegal services;
  • You will not refer anyone with whom you do not know or who has told you to not contact them anymore (i.e. your ex wife, restraining orders, creepy stalker types);
  • You will not harass and/or stalk any employee, member, or anyone connected with our Site or Service or engage in lewd conduct
  • You will not post, submit, or convey any false, misleading, unlawful, defamatory, untruthful, inaccurate, obscene, invasive, threatening, harassing, inflammatory, or fraudulent content or information;
  • You will not Impersonate any person, entity, or company;
  • You will not use our Site to send “spam”, texts, phone calls, or other unsolicited commercial or non-commercial material to any of our other users;
  • You agree you will abide by any laws that govern sending messages and are giving us permission to use your information to contact others;
  • You will not give us any information about anyone who is under the age of 13;
  • You will not use us to “secret shop” other businesses;
  • You will not hack, crack, phish, SQL inject, install any code that is malicious or manipulates the site in any way, or otherwise compromise the security, safety, or privacy of our Site or our network, servers, member accounts, mobile numbers or access to the numbers, or the computers of our users;
  • You will not engage or solicit any other users to buy or sell products or services unless expressly authorized by the Site;
  • your login and password with anyone;
  • • You will not run any script or other program which is designed to search, index, or aggregate the User Content or other information on our Site, unless we have given you our express written consent to do so, which we may revoke at any time;

When using our Site or Service you, or the people you refer, may be presented with opportunities to interact with us or the businesses that integrate with our Platform. These third parties are people we have no control over. Any such interaction you have with them, outside of our Site/Service and specifically any communications that take place between you and them are strictly between you and that third party. Nonetheless, we expressly prohibit you from sending any unwanted commercial messages to them in violation of our, or another’s, Terms. We disclaim any and all liability for your interaction with them and any reference or link to a third party is not meant to imply an endorsement, partnership, or association with that third party.

4. Privacy

In order for our service to provide you with relevant information near you, you must manually enter, or allow the Diaperchange.us application to automatically input your location. If you elect to give us additional information through the use of our profile feature, we may collect and use that information according to the terms in our privacy policy. We have no problem if you don’t want to give us additional information, but then don’t give it to us and then complain later on, because then that basically just means you’re a jerk.
You can view our full Privacy Policy at any. No time jerks allowed.

5. Intellectual Property

“Diaperchange.us” is a unique trademark. You may not use our trademark, trade dress, or copyrighted content, or copy the look and feel of our website or its design, without our explicit, written consent. Copying the look and feel of our website includes using similar phrases or the layout offline and online. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.
We may use your likeness or story, including any experience with a business, to post on our Site. We will not use your name unless you have given us permission. We may post this, along with any business logo or content (“works”) and you are giving us a revocable, sublicensable, royalty free, perpetual license to use, display, and distribute such works both for commercial and non-commercial purposes.

6. DMCA Notices

We take copyright infringement very seriously (not really but our lawyer made us say that). If you believe that your copyright has been infringed, please send us a message which contains:

  • Your name
  • The name of the party whose copyright has been infringed, if different from your name
  • The name and description of the work that is being infringed
  • The location on our website of the infringing copy
  • A statement that you have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
  • A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our Copyright Agent at: mail@Diaperchange.us

7. Representations & Warranties

As mentioned before, Diaperchange.us is a mobile application for locating the nearest diaper changing location near you, as well as family friendly businesses and establishments. Any issues that may arise concerning the actual service at any location that exists in our database is between you and business. While we may have certain responsibilities connected with our Service those responsibilities are limited. We may terminate any relationship we have, without notice, and without any compensation for any loss.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE USE OF ANY SERVICE, OR PARTICIPATION IN ANY OF OUR RELATED SERVICES. DIAPERCHANGE.US PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND ON AN “AS AVAILABLE” BASIS, AND WE DO NOT MAKE ANY WARRANTY’S WHATSOEVER (I.E. EXPRESS, IMPLIED, TITLE, NONINFRINGEMENT) THAT HAVE ANYTHING TO DO WITH OUR SITE, SERVICE, OR ANY SERVICE PROVIDER THAT USES OUR PLATFORM, OR ANY INFORMATION PROVIDED THROUGH THE SITE, OR VIA THIRD PARTY INTERACTIONS, OR VIA ANY BROADCAST TO REFERRALS, AND DIAPERCHANGE.US IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND FOR ANY REASON.

IN REFERENCE TO THE ABOVE SOME EXAMPLES INCLUDE, BUT AREN’T LIMITED TO, YOUR FAILURE TO GET MORE BUSINESS BY USING US, YOUR PRIVACY HAVING BEEN INVADED BY SOMEONE WHO GAVE OUT YOUR CONTACT INFO, OR THE ACCURACY OF ANY INFORMATION PROVIDED. THE SOLE REMEDY IN ANY OF THESE CASES IS TO GET NEW FRIENDS, NEW BUSINESS IDEAS, OR STOP USING US.

IF YOU, OR THE ENTITY YOU REPRESENT, ARE A LOCATED IN A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

8. Indemnity

You agree to compensate us, defend us, and tell everyone (including judges, lawyers, the press) that we are not liable for something you did that is connected to this Agreement in any way. This means if someone comes yelling at us for something stupid you did, we’re going to send a nice letter to your business asking for your insurance rep contact as well as your bank account info since you’re going to be paying our legal bills and for any damages that are caused to us.

9. Choice of Law

This Agreement shall be governed by the laws in force in the State of California.

10. Forum of Dispute

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of California in around about or within the general vicinity of Los Angeles.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may flick you in the earlobe repeatedly, move to have the case dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so including the cost of labor required to flick you in the earlobe.
The prevailing party in any lawsuit will be entitled to their reasonable attorneys’ fees and costs.

11. Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, zombie attacks failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

12. Severability

In the event that a provision of this Agreement is found to be unlawful or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unlawful or unenforceable provision being included in it.

13. Assignment

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

14. Contact Information

We welcome your questions or comments regarding these Terms of Service. If you believe that we have not adhered to these Terms, please contact at:
2416 W. Victory Blvd #645
Burbank, CA 91506
Email Address: mail@diaperchange.us

© 2016-2018 Diaperchange.us, All Rights Reserved