Terms of Service
1. User Acceptance
The iMommyTalk Web Site (the “Site”) is an online information service provided by iMommyTalk (“iMommyTalk.com “), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. IMOMMYTALK MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
2. Copyright, Licenses, Articles, and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are iMommyTalk.com, its affiliates, or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You agree to grant to iMommyTalk.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as forums and comments) or by e-mail to iMommyTalk.com by all means and in any media now known or hereafter developed, including articles submitted to the site directly or indirectly. You agree that you shall have no recourse against iMommyTalk.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to iMommyTalk.com. Any material that is linked to iMommyTalk.com by you in the course of a submission and not on our servers remains the copyright holder’s property, but you hereby give iMommyTalk.com permission to use such material in the manner listed above and for display on our website.
SITE TRADEMARKS.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of iMommyTalk.com. Other product and company names mentioned in the Site or accessed direct thereto may be the trademarks of their respective owners.
3. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by iMommyTalk.com, iMommyTalk.com does not operate, control or endorse any information, products or services on the Internet in any way. You also understand that iMommyTalk.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. IMOMMYTALK.COM PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR INTENT). IMOMMYTALK.COM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE. IMOMMYTALK.COM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE OR RELATIONAL PARTS THEREOF WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. IMOMMYTALK.COM HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL IMOMMYTALK.COM BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF IMOMMYTALK.COM OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED OR VIEWED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, IMOMMYTALK.COM LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
iMommyTalk.com makes no representations whatsoever about any other web site or services which you may access through this one or which may link to this Site. When you access a non-iMommyTalk.com web site, please understand that it is independent from iMommyTalk.com and that iMommyTalk.com has no control over the content on that web site. In addition, a link to a iMommyTalk.com web site or submission of content thereof does not mean that iMommyTalk.com endorses or accepts any responsibility for the content, or the use, of such web site or materials.
3a. Controlled Access
In order to access some features of the iMommyTalk website, you may have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify iMommyTalk immediately of any breach of security or unauthorized use of your account. Although iMommyTalk will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of iMommyTalk or others due to such unauthorized use.
3b. Rules of Conduct
You agree to abide by the “RULES OF CONDUCT” referenced in Section 10 below and not use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the iMommyTalk in a manner that sends more request messages to iMommyTalk servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, iMommyTalk grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. iMommyTalk reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the iMommyTalk website, nor to use the communication systems provided by the iMommyTalk website for any commercial solicitation purposes.
3c. User Submissions
In connection with User Submissions, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant iMommyTalk all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage iMommyTalk or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive (in each case, “Offensive Material”), or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate (in each case, “Offensive Conduct”); (iv) post advertisements or solicitations of business; or (v) impersonate another person.
4. Indemnification.
You agree to indemnify, defend and hold harmless iMommyTalk.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
5. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of iMommyTalk.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
6. Privacy
iMommyTalk respects your privacy and the use and protection of your non-public and personally identifiable information (“Personal Information”). Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the iMommyTalk.com Website.
7. Agreement Term
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 2 (Copyright, Licenses and Idea Submissions), 3 (Use of the Service), 4 (Indemnification), 5 (Third Party Rights), 6 (Privacy), 8 (Promotions), 9 (Rules of Conduct), 10 ( Account Termination) and 11 (Miscellaneous ) shall survive any termination of this Agreement.
8. Promotions
On occasion, iMommyTalk, the Affiliates’, or iMommytalk’s service providers, suppliers, and Advertisers may conduct promotions on or through the iMommyTalk website, including, without limitation, auctions, contests and sweepstakes (“Promotions”). Each Promotion may have additional Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement; provided, however, if there is any conflict between the Rules for any particular Promotion and these Terms of Use, the Rules shall govern for that Promotion.
9. Rules of Conduct
Your use of the iMommyTalk Website is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your User ID or as a result of your use of the iMommyTalk Website. You shall not use, allow, or enable others to use the iMommyTalk Website, or knowingly condone use of the iMommyTalk Website by others, in any manner that is, attempts to, or is likely to:
* be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
* affect us adversely or reflect negatively on us, the iMommyTalk Website, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the iMommyTalk Website, or from advertising, linking or becoming a supplier to us in connection with the iMommyTalk Website;
* send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
* be used for commercial or business purposes, without the prior written consent of iMommyTalk, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
* transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;
* forge any TCP/IP packet header or part of the header information in any e-mail or newsgroup posting for any reason;
* violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise;
* gain unauthorized access to the iMommyTalk Website, other Users’ accounts, names, User IDs, personally identifiable information or other computers, websites or pages, connected or linked to the iMommyTalk Website or to use the iMommyTalk Website in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
* modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the iMommyTalk Website or the rights or use and enjoyment of the iMommyTalk Website by any other person, firm or enterprise; or
* collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm
* or enterprise, in connection with their or your use of the iMommyTalk Website, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
10. Account Termination
You may terminate your account and User ID, if any, at any time and for any reason, by sending an e-mail to support@iMommyTalk.com with your Username, password, and e-mail address and requesting termination of your account. We may terminate your use of and account on the iMommyTalk.com at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
11. Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between iMommyTalk.com and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. iMommyTalk.com’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. iMommyTalk.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
Terms of Srvice Effective Date: May 1, 2009
