Terms and Conditions

This agreement applies as between you, the User of this website and Gender Reveals All Grown Up (“Gender Reveals All Grown Up”, “we”, “us”, or “our”), the operator(s) of www.genderrevealsallgrownup.org (our “website”). Your agreement to comply with and be bound by these Terms and Conditions (“these Terms”) is deemed to occur upon your first use of the website. If you do not agree to be bound by these Terms, you should stop using the website immediately.

1. Acceptance

   1. Please read these Terms, our Privacy and Cookie policy, (collectively, the "terms") carefully, as they contain terms and conditions that impact your rights, obligations and remedies in connection with your use of the services and content. 

   2. Your access to and use of our website is conditioned on your acceptance of and compliance with all applicable terms. 

   3. We reserve the right to change these terms at any time.

   4. By accessing, browsing and/or using our website after updates to these terms have been posted, you agree to be bound by the updated terms. 

1. General Conditions

   1. We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us.

   2. We make material changes to these terms and conditions from time to time, we may notify you by posting a notice of such changes on our website.

   3. The website is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with our website, subject to all the terms and conditions of this Agreement as they apply to the Service.

1. License to use website

   1. We may provide you with certain information because of your use of the website. Such information may include but is not limited to, documentation, data, or information developed by us, and other materials which may assist in your use of the website ("Our Materials"). 

   2. Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable, and revocable license to use Our Materials solely in connection with your use of the website and Services. Our Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the website or at the termination of this Agreement.

1. Intellectual Property

   1. Our Materials included on the website, including, but not limited to, text, graphics, logos, icons, images, data compilations, page layout, underlying code and software, documents and downloadable files is the property of Gender Reveals All Grown Up, our affiliates or other relevant third parties. By continuing to use the website you acknowledge that such material is protected by applicable national and International intellectual property and other relevant laws.

   2. You may not reproduce, copy, distribute, store or in any other fashion re-use Our Materials from unless otherwise indicated on the website or unless given express written permission to do so.

   3. To make the website and Services available to you, you hereby grant us a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content you publish, upload, or otherwise make available to the website. We claim no proprietary rights in your Content.

1. User Obligations

   1. As a user of the website, you may be asked to supply personal data or content to us. You are responsible for ensuring the accuracy of this information. You must not share such information with any third party, and if you discover that your information has been compromised, you agree to notify us immediately in writing. An email notification will suffice.

   2. You are responsible for maintaining the safety and security of your information as well as keeping us apprised of any changes to your information. Providing false or inaccurate information or using the website to further fraud or unlawful activity is grounds for immediate termination of this Agreement.

1. Privacy

   1. For the purposes of applicable data protection legislation, we will process any personal data you have provided to us in accordance with our Privacy Policy.

   2. You agree that, if you have provided us with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to us and (2) that you have brought to the attention of any such third party our Privacy Policy. 

   3. You agree to indemnify us in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

1. Acceptable Use

   1. You agree not to use the website for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the website in any way that could damage the website, Services, or general business of Gender Reveals All Grown Up.

   2. You further agree not to use the website:

      1. To harass, abuse, or threaten others or otherwise violate any person's legal rights.

      2. To violate any of our intellectual property rights or any third party.

      3. To upload or otherwise disseminate any computer viruses or other software that may damage the property of another.

      4. To perpetrate any fraud.

      5. To publish or distribute any obscene or defamatory material.

      6. To publish or distribute any material that incites violence, hate, or discrimination towards any group.

      7. To unlawfully gather information about others.

   3. We reserve the right, at its sole discretion, to suspend or delete at any time and without notice, user accounts which it deems inappropriate, offensive or in violation of these terms.

1. Assumption of Risk

   1. The website is provided for communication purposes only. You acknowledge and agree that any information posted on our website is not intended to be any form of advice, and no fiduciary relationship or professional services has been created between you and us. 

   2. You further agree that your purchase of any of the services on the website is at your own risk and for entertainment and communication only. We do not assume responsibility or liability for any advice or other information given on the website.

1. Reverse engineering and security

   1. You agree not to undertake any of the following actions:

      1. Reverse engineer or attempt to reverse engineer or disassemble any code or software from or on the website.

      2. Violate the security of the website through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user, or network.

1. Indemnification

   1. 10.1.You agree to defend and indemnify us and any of our affiliates (if applicable) and hold us harmless against any legal claims and demands, including reasonable legal fees, which may arise from or relate to your use or misuse of the website, your breach of this Agreement, or your conduct or actions. 

   2. 10.2.You agree that we shall be able to select its legal counsel and may participate in its defense if we wish.

1. Disclaimers

   1. We make no warranty or representation that the website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. 

   2. We make no guarantee of any specific results from the use of our website.

1. Disclaimer of Warranties

   1. 12.1.YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER genderrevealsallgrownuo.org ,gender-reveal.Inc NOR ANY PERSON ASSOCIATED WITH Gender Reveals All Grown Up MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.

   2. 12.2.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

1. Limitation on Liability

   1. 13.1.IN NO EVENT WILL genderevealsallgrownup.org gender-reveals.Inc, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

   2. 13.2.THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

   3. 13.3.The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Gender Reveals All Grown Up , where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.

1. Donation Specific Terms

   1. 14.1.By making a donation to Gender Reveals All Grown Up, you as a user (hereinafter referred to as donor) agree to the following additional terms and conditions.

   2. 14.2.Validity. These Terms apply to all donations within the scope of Gender Reveals All Grown Up’ activity and irrespective of the classification under contract law. They also apply to all future donations without the need for explicit acceptance. These Terms shall be deemed accepted at the latest with your first donation. These Terms as well as all further amendments are available online on the Gender Reveals All Grown Up website and apply exclusively. Gender Reveals All Grown Up reserves the right to amend these Terms in any form at any time, without further notice and at its own discretion. Notification of changes at this point is recognised by the donor as sufficient notice.

   3. 14.3.Scope. The donor turns his/her donation over to Gender Reveals All Grown Up, which first adds it to its assets and then allocates it to the development of its cause. The purpose of the donation is fulfilled by Gender Reveals All Grown Up by using the funds received within the framework of Gender Reveals All Grown Up’ own purposes. There is no legal claim on the part of the donor, or the favored part of the Gender Reveals All Grown Up cause. The donor agrees to the transmission of the data required for the transfer of the donation to the implementing banks or to the transmission of the data required for the implementation of the donation.

   4. 14.4.Donors Responsibilities. By donating to Gender Reveals All Grown Up you agree to provide true, accurate and up-to-date information about yourself as specified in the donation form. If it becomes known that any of the information you provide is untrue, inaccurate, outdated, or incomplete, the Gender Reveals All Grown Up reserves the right not to accept you as a donor in the future and to take other legal action if necessary. Donors undertake to comply with all applicable legal provisions when donating in order to prevent unlawful use. Furthermore, donors undertake to assume sole responsibility for compliance with such legal provisions.

1. Podcast and Content

   1. 15.1.You agree that you will not: (i) use the Podcast for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other "hidden text" utilizing any Trademarks; (iii) engage in any activities through or in connection with the Podcast that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, bullying, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Gender Reveals All Grown Up; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Podcast source or object code or any software or other products, services, or processes accessible through any portion of the Podcast; (v) engage in any activity that interferes with a user's access to the Podcast or the proper operation of the Podcast, or otherwise causes harm to the Podcast, Gender Reveals All Grown Up, or other users of the Podcast; (vi) interfere with or circumvent any security feature of the Podcast or any feature that restricts or enforces limitations on use of or access to the Podcast, the Content, or the User-Generated Content; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Podcast, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Podcast, other computer systems or networks connected to the Podcast, through password mining or any other means; (ix) submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs, or other items of a destructive nature; (x) manipulate identifiers, including by forging headers, in order to disguise the origin of any User Content that you submit; (xi) "frame" or "mirror" any part of the Podcast; (xii) remove any copyright, trademark, or other proprietary rights notices contained on the Podcast; (xiii) use any computer program, bot, robot, spider, offline reader, site search/retrieval application, or other manual or automatic device, tool, or process to retrieve, index, data mine, or in any way reproduce or circumvent the security structure, navigational structure, or presentation of the Content or the Podcast. Operators of public search engines may use spiders to copy materials from the Podcast for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past; (xiv) use any automated software or computer system to search for, reserve, buy, or otherwise obtain discount codes, promotional codes, vouchers, credits, gift cards, or any other items available on the Podcast, including sending information from your computer to another computer where such software or system is active; (xv) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; or (xvi) otherwise violate these Terms or any Additional Terms.

   2. 15.2.You also agree that, in using the Podcast: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Podcast by using any robot, rover, "bot", spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors' products, services, or brands; (v) you will not make any modifications to such Content; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of Gender Reveals All Grown Up or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.

   3. 15.3.Gender Reveals All Grown Up may immediately suspend or terminate the availability of the Podcast and Content (and any elements and features of them), in whole or in part, for any reason, in Gender Reveals All Grown Up' sole discretion, and without advance notice or liability.

1. Spam Policy

You are strictly prohibited from using the website or any of our Services for illegal spam activities, including gathering email addresses and personal data from others or sending any mass commercial emails.

1. Third-party links and content

We may occasionally post links to third-party websites or other services. You agree that we are not responsible for any loss or damage caused because of your use of any third-party services linked to or from Our website.

1. Modification and variation

We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

1. Availability of the website

   1. 19.1.The website is provided “as is” and on an “as available” basis. We give no warranty that the website will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

   2. 19.2.We accept no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

1. Limitation of Liability

   1. 20.1.To the maximum extent permitted by law, Gender Reveals All Grown Up accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the website or any information contained therein. Users should be aware that they use the website and its Content at their own risk.

   2. 20.2.Nothing in these Terms excludes or restricts Gender Reveals All Grown Up’ liability for death or personal injury resulting from any negligence or fraud on the part of Gender Reveals All Grown Up.

1. Entire agreement

This Agreement constitutes the entire understanding between the Parties concerning any use of this website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this website.

1. Term, Termination and Suspension

   1. 22.1.We may terminate this Agreement with you at any time for any reason, with or without cause. 

   2. 22.2.We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

1. No Warranties

   1. 23.1.We hereby expressly disclaim any express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the website will meet your needs or that the website will be uninterrupted, error-free, or secure.

   2. 23.2. We also make no warranties as to the reliability or accuracy of any information on the website. 

   3. 23.3.You agree that any damage that may occur to you, through your computer system, or because of the loss of your data from your use of the website is your sole responsibility and that we are not liable for any such damage or loss.

1. No Waiver

In the event that any party to these Terms fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

1. Previous Terms and Conditions

In the event of any conflict between these Terms and any prior versions thereof, the provisions of these Terms shall prevail unless it is expressly stated otherwise.

1. Severance

Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 

1. Disputes

In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to mediation.

1. Law and Jurisdiction

These Terms and the relationship between you and Gender Reveals All Grown Up shall be governed by and construed in accordance with the Law of the State of Florida and Gender Reveals All Grown Up and you agree to submit to the exclusive jurisdiction of the courts of the State of Florida.