Last Updated: November, 2019
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Karma’s Baby, Inc. (“KB,” “we,” or “us”), with an address at 1880 Century Park East, #200, Los Angeles, CA 90067, is the provider of a mobile phone application that enables users to build “babies” for a subscription price where all proceeds go to charities focused on feeding the hungry (the “Application). By using the Application and website, you are agreeing to the following terms and conditions. These terms and conditions shall constitute an agreement (the “Agreement”) between you and KB governing your use of the Application. Please read these terms and conditions carefully before using the Application.

By using the Application and/or completing the donation to the charity of your choice, you represent and warrant that you have read, understand, have the legal capacity, and agree to be bound by these terms and conditions.

KB requires that users who are under 18 years of age obtain parental consent before using the application.

100% of users will receive 3 Karma baby cards. Less than 0.01% of users will receive a super rare NFT card (this may be very valuable). Rarity scores are random and fun. Good luck

Changes to this Agreement

KB reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. It will post the most recent version of these terms and conditions on its web site at www.karmasbabies.com/terms with a date indicating when changes were last made. Any modifications shall become effective immediately upon the posting thereof. Please check for updates each time you use the Application to keep apprised of any changes. Your continued use of the Application following the posting of modifications will constitute your acceptance of the revised terms and conditions.

Your Registration Obligation

You may register with KB by providing an email address and password. When registering with KB you agree to provide true, accurate, current and complete information. Should KB determine that any false or inaccurate information was provided in connection with registration, KB may suspend or eliminate your ability to use the Application.

You may not authorize any third party to access or use the Application on your behalf. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your password. You agree to immediately notify KB of any unauthorized use of your password at hello@karmababies.com. KB shall have no liability for any loss, damage or injury to you or to any third party arising from any unauthorized use of your account.

Consent to Communications

By registering to use the Application, you understand that KB may send you e-mail communications or data regarding your use of the Application, violations of such use, and/or promotional information and materials regarding KB. To the extent such communication concerns an offer or solicitation by KB, it will provide opt-out instructions. KB reserves the right to communicate by e-mail or otherwise, with you or your representative.

Payment of Fees

If you purchase a subscription, KB will charge a fee for the use of the Application in an amount of $1/month. KB does not handle funds directly except through a third-party processing company, AppleApp Store and Google Play Store. KB facilitates the movement of your funds to a charity, and will not charge for doing so. You are solely and exclusively responsible for payment of these fees. KB does not charge fees to the recipient charity. Donated funds will be transferred to a charity dedicated to eradicating hunger (and as chosen by KB) generally within 30 days of submission. This 30-day transfer window is a general target that KB will attempt to meet, but the transfer time frame is subject to change without notice, and KB shall have no obligation or liability as a result of any delay beyond 30 days.

You will not be charged any fees other than those described in this section.

KB reserves the right to change the fees and/or to institute new charges at any time, upon prior notice to you.

Refunds Policy

Once you purchase a subscription through KB by pressing the submit button in the payment screen, or entering your password to authorize a payment, such payment is non-refundable.

Privacy

KB has established a Privacy Statement to explain to users how their information is collected and used. You may view the Privacy Statement at www.karmasbaby.com/privacy. Your use of the Application signifies your acceptance of the Privacy Statement.

By registering to use the Application, you grant KB a worldwide, royalty-free, non-exclusive and irrevocable, license to store, copy, provide and display any content you provide in accordance with KB’s Privacy Statement. You continue to retain all ownership rights in such content and you remain solely responsible for such content and any material or information submitted to the Application. KB shall have the right, but not the obligation, to reject, refuse to post, or otherwise monitor all content input by users, and may remove any content that is inappropriate or that potentially infringes on the intellectual property rights of another party or violates these terms of use or the law. You acknowledge and agree that KB shall not assume or have any liability for any action or inaction by KB with respect to any data, material, content or input entered by you into the Application.

User Conduct

You agree that you will not use the Application in any way that violates applicable federal, state, local or international law, or for any unlawful purpose. KB reserves the right to terminate your access to and use of the Application if, in its sole discretion, your conduct violates any of the following prohibitions:

1. You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes, the Application or KB’s computer systems and network.
2. You may not attempt to interfere with any other person’s or organization’s use of the Application.
3. You may not misrepresent your identity or impersonate any person.
4. You may not attempt to gain access to any account, computers or networks related to the Application without authorization.
5. You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by KB in connection with the Application.
6. You agree that you will use this Application safely and responsibly and that you will not use the Application in a manner that is unsafe or illegal. KB will bear no liability for any loss, damage, injury, harm or death resulting from dangerous, illegal or irresponsible activity on the Application.

By using the Application, you represent and warrant that you (i) are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) are not listed on any U.S. Government list of prohibited or restricted parties.

Relationship with Charities

KB is a provider of mobile application technology. It does not solicit funds for charity or advise charities with respect to fundraising activities. KB receives no payment or compensation from any charitable organization for any activity related to fundraising or otherwise. KB is not a professional fundraiser or solicitor, a professional fundraising consultant or a commercial co-venturer under state laws, and you agree that you will not characterize it as such for any purpose.

We will list the names of the charities to which KB sends the subscription fees on KB’s Charities List. You may suggest a new one to be added to the Charities List. KB does not recommend or endorse any of these charities.

KB makes an effort to ensure that all organizations included in its Charities List are currently recognized by the Internal Revenue Service as exempt from taxation under section 501(c)(3) of the Internal Revenue Code and qualified to receive tax-deductible donations in the United States. But KB cannot provide personal tax advice, and urges you to consult with your tax advisor to determine whether your donation is deductible. Donation amounts that are potentially deductible should be calculated net of the KB and third party processor charges described above.

Intellectual Property - License

KB is the exclusive owner of all right, title and interest in the Application software and content. You are granted a limited, non-exclusive, non-transferable, revocable license to access the Application in strict accordance with this Agreement solely for the purpose of creating babies and encouraging others to do the same. The foregoing limited license shall not be construed as conferring any right in any copyright or other intellectual property right in the Application software or content.

Digital Millennium Copyright Act

KB expressly prohibits the use of the Application for the illegal transmission of copyrighted material, and will respond if notified by content owners to prevent copyrighted material from being transmitted via the Application. In addition, KB may disable individual accounts if these accounts are found to be illegally transferring copyrighted material.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide KB the written information specified below:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located;
4. Your address, telephone number, and e-mail address;
5. 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;
6. 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.

For these purposes, and for the purpose of submitting any complaints or claims with respect to the Application, KB can be reached at hello@karmababies.com.

No Warranties

KB is in no way liable for loss of user data. By using the Application you acknowledge and agree that you will not hold KB accountable for any technical errors, including loss of user files. KB PROVIDESTHE APPLICATION AND ITS SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KB AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. KB AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS AND AFFILIATES DISCLAIM ANY ANDALL WARRANTIES, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE. Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above might not apply to you.

Limitation of Liability

IN NO EVENT WILL KB OR ANY OF ITS DIRECTORS, OFFICERS, SHAREHOLDERS OR AFFILIATES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE APPLICATION, EVEN IF KB OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation on such damages, so some of the above limitations might not apply to you. IF YOU ARE DISSATISFIED WITH THE APPLICATION FOR ANY REASON INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DAMAGE TO YOUR CELL PHONE OR COMPUTER, OR IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT OR KB’S PRIVACY STATEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST KB OR THE APPLICATION, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION.

Indemnification

You agree to indemnify, defend and hold harmless, KB, its officers, directors, shareholders and affiliates, to, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your use of the Application or from any violation of this Agreement by you.

Termination

KB reserves the right to terminate your account or use of the Application with or without cause or notice, in its sole discretion. You may terminate your user account upon notice to KB at any time. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Miscellaneous

If any part of these terms and conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

KB may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void.

The failure of KB to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision.

No agency, partnership, joint venture, or employment is created as a result of these terms of use and oryour use of the Application.

Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the terms of use, and that all modifications must be in writing signed by both parties.

For Apple Product Users

Acknowledgements: KB and you acknowledge that these terms of use are between KB and you, and not with Apple. As between Apple and KB, KB is solely responsible for the KB Application and the content thereof. To the extent these terms of use are less restrictive than, or inconsistent with, the Usage Rules set forth for Licensed Applications in the Apple App Store Terms of Service agreement (the “Apple Usage Rules”), the Apple Usage Rules apply. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the KB Application.

In the event of any failure of the KB Application to conform to any applicable warranty, you may notify Apple. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the KB Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.

As between Apple and KB, KB is responsible for addressing any claims you may have relating to the KB Application or your use of the KB Application, including, but not limited to: (i) product liability claims; (ii) any claim that the KB Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

As between Apple and KB, KB will be solely responsible for the investigation, defense, settlement anddischarge of any intellectual property infringement claim that the KB Application or its use infringes athird party’s intellectual property rights.

You and KB acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these terms and conditions, and that, upon your acceptance of these terms of and conditions Apple will have the right (and will be deemed to have accepted the right) to enforce these terms and conditions as a third party beneficiary thereof.

You represent and warrant that you will comply with all applicable third party terms of agreement when using the KB Application. For example, if you have a VoIP application, you will not be in violation of your wireless data service agreement when using the KB Application.

License Limitation: The license granted under these terms of use is limited to a non-transferable license to use the KB application on any iPhone or iPod touch that you own or control, and as permitted by the Apple Usage Rules.