This website is owned and operated by Take12 LLC, a Minnesota Limited Liability Company. The Take12 website exists for the purpose of providing a proprietary baby registry for maternity leave ("Time Registry™") built on a crowdfunding platform. Any use outside of this purpose is prohibited, and any unauthorized use of this website is also prohibited.
If you do not agree with any of these Terms, do not visit, access, or otherwise use the Site or any information or materials contained on the Site. By accessing, using, or visiting the Site, you agree to abide by and you agree that you are subject to each of the Terms set forth below.
You understand and agree that the Site is provided "AS-IS" and that Take12 LLC assumes no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to the Site. Nor does Take12 LLC assume any liability for the failure to store or maintain any user communications or personal settings.
2. Third Party Payment Services. Take12 LLC and the Site provide links and interfaces to third party payment services, such as Stripe, which permit gift givers to send funds to moms or their representatives registered with the Site. You acknowledge that while Take12 LLC provides links to these third party payment services, Take12 LLC does not control and is not responsible for payments made or received through Stripe or any other third party services. Any use of third party payment services by you will be subject to the fees, terms and conditions of such third party payment services, and such use is at your own risk.
Gift givers acknowledge that they are submitting payment directly to the registered mom or the registered mom's representative (via Stripe or another third party payment service or any other payment method) and therefore Take12 LLC is not responsible for lost payments, identity theft, fraud or refunds.
3. Use of Copyrighted Materials/Trademarks. Any materials on the Site, including without limitation any documentation, content, text, data, graphics, images, interfaces, the Time Registry™ concept, or other material or works of authorship (the "Materials") are copyrighted material owned by or licensed to Take12 LLC. All rights are reserved. The Materials contain trademarks, service marks and trade names which are owned by Take12 LLC and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names of third parties which are owned by their respective owners. Except as otherwise noted in the Site, you are hereby authorized to view, download, cache, copy and print the Materials solely for your personal use and not for resale or further distribution, subject to the following conditions:
- Any copy of the Materials or portion thereof must include the Take12 LLC copyright notice.
- Take12 LLC reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from Take12 LLC.
Nothing contained in the Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of Take12 LLC, its affiliates, or any third party, and, except as expressly provided herein, all such IP Rights in the Materials on the Site are expressly reserved to Take12 LLC its affiliates, and/or any third party, as applicable.
4. Hyperlinks to this Site. You are granted a limited, nonexclusive right to create a "hypertext" link to the Site provided that such link is to the entry page of the Site (or your personal registry page within the Site) and does not portray Take12 LLC or any of its other products or services in a false, misleading, derogatory, or otherwise defamatory manner and is otherwise consistent with these Terms. This limited right may be revoked at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any Take12 LLC trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without the express written consent of Take12 LLC.
5. Links to Third Party Websites. The Site may be linked to other websites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by Take12 LLC. If you use these links, you may leave the Site. Take12 LLC does not monitor all of these third party sites and does not control and is not responsible for any of these sites or their content. Take12 LLC does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to the Site, you do so entirely at your own risk.
6. Data Mining, Commercial Use and Unsolicited Mailings Prohibited. You acknowledge that you are expressly prohibited from utilizing this Site in connection with data mining of any kind, including but not limited to the sending of unsolicited electronic mail or other forms of messages, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service which in any way implicates the use of this Site or the services contained on the Site.
8. Password Restricted Areas of the Site. Certain areas of the Site may be password restricted to registered users ("Password-Protected Areas"). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify Take12 LLC if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify Take12 LLC of any unauthorized use of your account or any other breach of security in relation to your password or the Site that is known to you.
9. Submissions. You acknowledge that you are responsible for the information, photographs, graphics, messages, content and other material that you upload, post, e-mail or otherwise submit to the Site, and that you have full responsibility for each of your submissions, including its legality, reliability, appropriateness, originality and copyright. You acknowledge that you are responsible for any and all model releases.
Take12 LLC does not claim ownership of content (including photos and graphics) you submit or make available for inclusion on the Site; however, you hereby grant Take12 LLC a world-wide, royalty free and non-exclusive license to use, distribute, reproduce, modify, adapt and publicly display such content in connection with Take12 LLC 's business. You acknowledge and agree that information that you submit or make available for inclusion in publicly accessible areas of the Site, may be viewed by the public. You agree to indemnify Take12 LLC and hold Take12 LLC harmless for any and all claims relating to the content you submit on the Site.
Take12 LLC does not control the content posted by third parties via the Site and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Site, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Take12 LLC be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted or otherwise made available via the Site.
10. Notification of Claims of Infringement. Take12 LLC respects the intellectual property of others, and we ask our users to do the same. Take12 LLC may, in appropriate circumstances and at our discretion, terminate service to users who infringe the intellectual property rights of others. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please contact us and provide Take12 LLC, in writing, the following information required by the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on the Site where the material that you claim is infringing is located; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Take12 LLC's agent for notice of claims of copyright infringement on this site can be reached using the contact information on this Site.
Additionally, if you believe in good faith that a notice of copyright infringement has been wrongly filed by Take12 LLC against you, the DMCA permits you to send Take12 LLC a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there can be penalties for false claims under the DMCA.
Take12 LLC reserves the right to delete or disable content alleged to be infringing, and to terminate infringers in our sole discretion.
11. Code of Conduct. Take12 LLC has developed a Code of Conduct that, by using the Site, you agree to. The Code of Conduct is as follows:
- No vulgar, obscene, or harmful language.
- No discriminatory or otherwise objectionable language.
- No libelous or defamatory language.
- No posting, distributing, transmitting, or promoting illegal content.
- No actions that are harmful to minors.
- No manipulation or forging of identifiers in order to confuse or disguise the origin of any information posted on the Site.
- No posting, providing, transmitting, or otherwise making available any information that you do not have a right to make available.
- No posting, providing, transmitting, or otherwise making available any junk mail or spam.
- No posting, uploading, e-mailing, or otherwise transmitting any material that contains any malicious or potentially harmful computer code.
- No posting, providing, transmitting, or otherwise making available any information which violates regulations promulgated by the Securities and Exchange Commission, or that of any securities exchange.
- No collecting, storing, or posting of personal data about or of other Take12 LLC members or Site users.
- No soliciting.
12. Restrictions on Use. Content from the Site, including but not limited to any member profile information such as member names, e-mail addresses, member contact information, or member-personalized information, may not be taken from the website and used for any purpose. You agree that you will not use any names, e-mail addresses and other contact information from member profile information or the pages and postings on this site for the purpose of solicitation. You agree that you will not send any unsolicited e-mails to our members, and will not use the Site to send unsolicited e-mails to any third parties.
13. Changes to the Site. Take12 LLC reserves the right from time to time to make modifications and changes to the Site. These modifications and changes may include, but are not limited to, discontinuing, temporarily or permanently, any service offered by, or through Take12 LLC (or any part thereof) with or without notice. You agree that Take12 LLC shall not be liable to you or to any other party for any changes and modifications to the Site.
14. Termination. You agree that, under certain circumstances and without prior notice, Take12 LLC may terminate your access to the Site, including purging your member account and any material and information associated with your member account (including your user name, password, registry and profile). Cause for such termination shall include, but not be limited to, violation of these Terms. You acknowledge and agree that all terminations for cause shall be made in sole discretion of Take12 LLC and that Take12 LLC shall not be liable to you or any other party for the termination of your access to the Site or the purging of any material.
15. Disclaimer of Warranties. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SERVICES PROVIDED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Take12 LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Take12 LLC MAKES NO WARRANTY THAT: (i) THE SERVICES PROVIDED ON THE SITE WILL MEET ANY OF YOUR REQUIREMENTS, (ii) THE SERVICES PROVIDED ON THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR FREE FROM ERROR OR OMISSION, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE ON THE SITE WILL BE USEFUL, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE OPERATION OF THE SITE INCLUDING THE OPERATION OF ANY SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM (OR ANY COMPONENT CONNECTED TO YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD (INTENTIONAL OR OTHERWISE) OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Take12 LLC OR FROM ANY SERVICE PROVIDED ON THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
16. Limitation of Liability. Take12 LLC (including its affiliates, directors, officers, employees, agents, subcontractors, or licensors) makes no warranties, guarantees, or promises as to the quality, safety or legality of any content on the Site; or to any specific results from the use of the Site or service on the Site; and in no event will be liable to you or any third party for any indirect, punitive, incidental, special, consequential, or exemplary damages, or, in any event, for damages exceeding the lesser of one hundred US Dollars ($100.00) or the fees paid to Take12 LLC for the transaction from which the cause of action arose. This limitation on liability applies whether the liability is based on contract, tort, negligence, strict liability, or any other basis, even if Take12 LLC has been advised of the possibility of such damage and to the fullest extent permitted by law in the applicable jurisdiction. For jurisdictions that do not allow Take12 LLC to limit its liability, then our liability is limited to the smallest extent possible by law.
You understand and acknowledge that Take12 LLC does not monitor any payments or donations you make to ensure the recipient has used the payment or donation, properly used the payment or donation, or has used the payment in any particular manner. Accordingly, you release Take12 LLC from any and all claims relating to use, misuse, or non-use or any such payment or donation.
In using Take12 LLC's services and Site, you release Take12 LLC from claims, damages, and demands of every kind – known or unknown, suspected or unsuspected, disclosed or undisclosed – arising out of or in any way related to such disputes and the services. All of the content you access through the Site and service is at your own risk. You're solely responsible for any resulting damage or loss to any party.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
17. Indemnity. You agree to indemnify, defend and hold harmless Take12 LLC, its subsidiaries, affiliates, directors, officers, agents, vendors or other partners, and employees, from any claim or demand, including attorneys' fees, made by any third party due to or arising out of any material or information posted, provided, transmitted, or otherwise made available by you on the Site, or by your use of the Site, or by your violation of Take12 LLC 's Terms, or your violation of the rights of another.
Take12 LLC reserves the right, but not the obligation, to assume the exclusive defense and control of any matter subject to this indemnification clause, and you agree that you'll cooperate and help us in asserting any defenses.
The donors and the recipients of any gifts, payments, or donations through the Site are responsible for any taxes associated with such gift, payment, or donation fundraised through the Site. Take12 LLC makes no representations or warranties relating to any tax consequences associated with making gifts, payments, or donations or receiving gifts, payments, or donations through the Site. You are encouraged to contact a tax advisor to determine the tax consequences, if any of making or receiving payments or donations through the Site.
You understand and acknowledge that neither Take12 LLC nor the Site offer equity crowdfunding and that neither Take12 LLC nor the Site are engaged in selling stock or equity in any entity.
The Terms and any rights and licenses granted under this agreement may not be transferred or assigned by you, but may be assigned by Take12 LLC without restriction or consent.
You agree to comply with all laws, restrictions, and regulations relating to the export of products and information. For purposes of the US export Administration Act ("Export Laws"), you and each Site user states that such user is (1) not a citizen, or otherwise located within an embargoed nation (including without limitation the Office of Foreign Assets Control ("OFAC") comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan, and certain specially designated nationals listed by OFAC as updated from time to time and (b) not otherwise prohibited under the export laws from receiving such products and information. Funds may be frozen and/or turned over to the applicable governmental agency if any use of the Site or related services is deemed to be in violation of export laws.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Take12 LLC.
The Terms and the relationship between you and Take12 LLC shall be governed by the laws of the State of Minnesota, United States of America, without regard to its conflict of law provisions. You and Take12 LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Hennepin, Minnesota, USA.
You agree that mytake12.com is deemed a passive website that does not give rise to jurisdiction over Take12 LLC or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders ("et al"), either specific or general, in any jurisdiction other than the state of Minnesota. You expressly waive the right to seek an equitable remedies/special damages/injunction against Take12 LLC et al, as well as a waiver to seek any punitive or consequential damages.
The failure of Take12 LLC to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Any waiver by Take12 LLC does not constitute a continuing waver. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the other Terms and provisions of these Terms shall remain in full force and effect.
You agree that your mytake12.com member account is non-transferable and your access to your account or contents within your account may terminate as delineated in these Terms.
You agree that any claim or cause of action that you have arising out of or related to use of any services provided on our Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.