June 12, 2018
Mom Friends Terms of Service
PLEASE READ THE FOLLOWING TERMS OF SERVICE RELATING TO YOUR USE OF THE MOM FRIENDS WEBSITE CAREFULLY. THESE TERMS OF SERVICE GOVERN YOUR USE OF THE MOM FRIENDS WEBSITE.
These Terms of Service (“TOS”) apply to all users of the network of Mom Friends (the “Site”). The term the “Site” as it is used in these TOS includes access via any wireless device. By using this Site, you signify your acceptance of these TOS, as well as the Community Guidelines. Mom Friends reserves the right to update or change these TOS at any time by posting the most current version of the TOS on the Site. Your continued use of the Site after we post any changes to the TOS signifies your agreement to any such changes. If you do not agree to these TOS, you must discontinue using the Site and terminate your membership in Mom Friends.
Registering as a Member.
You do not have to be a Mom Friends Member to use this Site. However, only Members can access certain of the Services (as defined below). Registration is free. If you are not registered with us, please register and become eligible for certain Mom Friends features. Unauthorized access of the Services is prohibited.
When you register with Mom Friends, you will be asked to provide us with certain information, which may include your name and email address and other information that we may request, all of which will become part of your profile (“Profile Data”), some of which you can add to or change from time to time. You will also be asked to select a screen name and password to serve to identify you as a Member each time you visit the Site and allow you to access your account. You may not (i) select or use a screen name of another person with intent to impersonate that person, (ii) use a screen name in which another person has rights without authorization from that person, or (iii) use a screen name that Mom Friends, at its sole discretion, deems offensive. You agree to provide (i) true, accurate, current and complete information about yourself as prompted by the registration form, and (ii) maintain and properly update the Profile Data to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or Mom Friends has reasonable grounds to suspect that you have, we may (in addition to any other rights or remedies available to us), suspend or terminate your membership and refuse any and all current or future use of the Site and the Services (or any portion thereof). Members must immediately notify Mom Friends of any known or suspected unauthorized use of a Member’s account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Member’s password. Members should be cautious about sharing their account information with third parties. Each Member is responsible for the confidentiality of her/his screen name and password and all usage or activity on her/his account, including use of the account by any third party, whether or not such use is authorized by the Member. Members may share an account (using one screen name and password) if the account is being used for legitimate group discussions and if it is clearly disclosed that it is a group account.
We may make available from time to time certain features and services, such as photos, groups, private messages, social networking features, or other services that we may offer in the future (the “Services”). We may provide additional features and services and we may cease to provide any feature or service previously provided. We may modify or discontinue the Site, any portion thereof, or any Services with or without notice to you and without liability to you or any third party. How You Can Use the Services.
This Site and the Services we may offer are intended for your personal, noncommercial use in accordance with these TOS. You agree that you will not (i) copy, display or distribute any part of the Site, in any medium, without Mom Friends prior written consent, or (ii) alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose. Illegal and/or unauthorized use of the Site or any Service, or any portion thereof, including, but not limited to, research studies or surveys, collecting user names and/or email addresses of members by electronic or other means for any commercial purpose (including without limitation, unsolicited email (whether for solicitations, spam or otherwise)), or unauthorized framing of or linking to the Site is prohibited.
You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Site, or to manipulate the Site or the Services, or otherwise exceed the limited access granted to you by Mom Friends. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component.
Controlling your Personal Information
As a Member, we may allow you to have certain control over your privacy settings. When you first create a profile, or when you make any changes to it, you can select whether all or no users of the Site or only Members or friends of the Site can see certain information in your profile.
Be aware that if you choose to post on the Site, all posts are visible to everyone either on the Site or part of the group where posted (as determined by the administrator of the group), so any personal information you post will be accessible to all Members and all visitors to the Site. You should also be aware that any information that is made public on the Site will be searchable by other search engines. In addition, even if that content is later removed from this Site, it may still be stored in other computers of people who visited the Site, and removal of that information from this Site will not remove it from those other computers. Therefore, we caution you to be very careful about posting personal information to the Site.
In addition, most information that you add to your profile cannot be hidden and is always visible to anyone who visits the Site. That includes your avatar or photo and your screen name. Be aware that the information you post will be viewed by many people who you don’t know and you should exercise good judgment and discretion when you choose to post personal information. You can identify yourself by screen name in your posts or can post anonymously in some cases. However, even if you post anonymously, the Mom Friends Team will be able to identify your posts.
If you believe that your content is being displayed in a manner that you did not authorize, you can notify us of the potential error by using the “Contact” button on the top menu and we will look into the issue promptly.
Most of the content on Mom Friends is submitted by our Members. We encourage you to take advantage of the many opportunities to interact with Mom Friends Members by posting and reading content and participating in online discussions.
We have no obligation to review content added to the Site and we assume no responsibility for the deletion of any content on the Site. You acknowledge that by using the Site, you may be exposed to content that you find objectionable, indecent or offensive or which is inaccurate, misleading or incomplete. Do not continue any dialogue or interaction with which you feel uncomfortable. We assume no obligation or responsibility for confirming the accuracy, completeness or usefulness of any content, nor do we endorse such content. We do not verify the identity of people using our Site. You use the Site and the content at your own risk.
All content that you post to Mom Friends must comply with these TOS and the Mom Friends Community Guidelines. You take sole responsibility for all content that you post on the Site and the consequences of posting that content. You are responsible for obtaining all necessary rights to upload, post and distribute the content, including obtaining permission from any person shown in a photo that you upload or identified in any writing that you post. You further agree that any content you submit to the Site will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the content and to grant Mom Friends all of the license rights granted herein.” You agree that you will not upload, email, transmit, or otherwise make available any content that:
• is threatening, defamatory, abusive, obscene, pornographic, or any material that would give rise to any civil or criminal liability under applicable law;
• could infringe any copyright, trademark, publicity or privacy right or any other intellectual property right of any person or entity;
• containing slurs, hate speech or which attack an individual or group on the basis of race, color, religion, national origin, or sexual preferences;
• contains an email address, telephone number, street address, last name, or any that identifies a user;
• that constitute spam (sending the same message multiple times or to multiple people will be treated as spam);
• that is commercial in nature; and
• is, or could be construed as, illegal or construed as being a part of an illegal activity.
We permit advertising only in specified areas of the Site that are specifically designated for advertising.
As an online community, we will thrive only if we can rely on our Members to act responsibly. We believe that all Members and visitors benefit from basic rules for acceptable conduct while using the Site and the Services. These rules have been encoded into our Community Guidelines. By using the Site you agree to comply with the Community Guidelines.
Our Content Removal Rights.
We reserve the right, but not the obligation, to monitor, edit or remove any content at any time and without notice for any reason, including but not limited to: (i) the content violates these TOS or the Community Guidelines, (ii) removal is necessary to protect the rights, property or personal safety of Mom Friends, its users and the public, or (iii) if required to do so by law. We also reserve the right to remove postings that are off the subject. We can also remove content if we believe that doing so will improve our Site and the experience of our Members.
If you belief that any postings on the Site violate these TOS or the Community Guidelines, please let us know by using the contact link which can be found on the main menu. We try to review all reported violations and, if we agree with you, we’ll take appropriate action. However, in all cases, we are the final judge on whether these TOS or Community Guidelines have been violated and we will determine what, if any, action should be to taken in our sole discretion.
Content on the Site is provided AS IS for your information and personal use only. You may not copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the content, in whole or in part, without Mom Friends prior written consent. You may download content for your personal, non-commercial use only as provided in these TOS, provided that you keep intact all copyright and other proprietary notices. Downloading any photographs on the site that are not User-submitted is strictly prohibited. Copying or storing of content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the content.
No License Granted.
Except for allowing you to use the Site for your personal use as set forth in the paragraph above, when you use the Site, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of Mom Friends or any other Member or user of the Site. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER MOM FRIENDS PROPERTY EXCEPT AS WE INDICATE IN THESE TERMS.
The Site, or Members, may provide links to other internet sites or electronic resources. Because Mom Friends has no control over such sites and resources, you acknowledge and agree that Mom Friends is not responsible for the availability of, or the content on, a part of or related to, such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such sites or resources. You further acknowledge and agree that Mom Friends shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to you or any third party to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold Mom Friends and it’s affiliates harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Services or access to the Site, or your violation of either these TOS, applicable law or the rights of any third party.
Disclaimer of Warranties.
YOU UNDERSTAND THAT YOUR USE OF THE SITE (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE ) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND ALL INFORMATION,AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITE ), ARE PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT MOM FRIENDS MAKES NO WARRANTY THAT THE SITE OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT MOM FRIENDS DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. YOUR USE OF THE SITE, OR ANY CONTENT, FEATURES OR FUNCTIONALITIES RELATED THERETO IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE , OR WITH ANY OF THESE TOS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE, FEATURES AND/OR FUNCTIONALITIES.
THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT MOM FRIENDS IS NOT ENGAGED IN RENDERING LEGAL, MEDICAL, FINANCIAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. MOM FRIENDS ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE REGARDING ANY SITUATION THAT REQUIRES SUCH ATTENTION.
Because Mom Friends does not supervise or control the interactions among or between Members, and because Mom Friends has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Site you agree that you bear all risk and you release Mom Friends and it’s affiliates and its designees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Site or any Service, and/or Mom Friends resolution of any disputes among users (if any). You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver to the full extent that you may lawfully waive all such rights and benefits.
Access Restrictions; Termination.
We can suspend or terminate your membership in Mom Friends and your access to the Site or the Services, in whole or in part, at any time, immediately and without notice for any reason in Mom Friends sole discretion, including without limitation if you fail to comply with any of these TOS or the Community Guidelines. Upon termination, you must destroy all materials obtained from this Site and all copies thereof. In the event of suspension or termination, you are no longer authorized to access the Site and the restrictions imposed on you with respect to any materials downloaded from the Site and the disclaimers and limitations of liabilities set forth in the TOS shall survive.
You understand and agree that your membership in Mom Friends is subject to and conditioned upon the following: your continued adherence to these TOS and the Community Guidelines and any future modifications thereto and any violation of these TOS, the Community Guidelines, or any other agreement between you and Mom Friends constitute grounds for immediate termination of your membership without further notice at Mom Friends sole discretion. We may also terminate your membership at any time, immediately and without notice, if we determine, in our sole discretion, that your conduct is detrimental to the Mom Friends community. Termination of your membership will result in cancellation of all rights of access and use granted to Members. Mom Friends reserves the right to change, discontinue or suspend Mom Friends any time for any reason. Members may terminate their membership at any time on their profile page. Mom Friends shall be the sole determiner in cases of suspected abuse, fraud, or breach of these TOS or the Community Guidelines. Any decision Mom Friends makes relating to termination or suspension of any Member’s account shall be final and binding. Mom Friends may terminate any Member’s account at its sole discretion if a Member has been inactive for a period of twelve (12) months. A Member will be defined as inactive if she has not logged into the Site with her screen name and password, or contacted Mom Friends in any other manner during such twelve (12) month period. In addition, if you have been inactive for three (3) months, we may, but shall have no obligation to, take down any photos that you have posted to your profile or anywhere else on the Site.
These TOS are the entire agreement between you and Mom Friends. They supersede any and all prior or contemporaneous agreements between you and Mom Friends relating to your use of the Site. If any part of these TOS is determined to be invalid or unenforceable, it will not impact any other provision of these TOS, all of which will remain in full force and effect. The failure of Mom Friends to partially or fully exercise any rights or the waiver of Mom Friends of any breach of these TOS by you, shall not prevent a subsequent exercise of such right by Mom Friends or be deemed a waiver by Mom Friends of any subsequent breach by you of the same or any other term of these TOS. The rights and remedies of Mom Friends under these TOS and any other applicable agreement between you and Mom Friends shall be cumulative, and the exercise of any such right or remedy shall not limit Mom Friends right to exercise any other right or remedy.