The MomSource Service Agreement
“themomsource.net” is the interactive on-line service operated by The MomSource website on the World Wide Web of the Internet, consisting of information services and content provided by The MomSource website, its subsidiaries, affiliates and other third parties. “Subscriber” means each person who establishes or accesses a connection (”Account”) for access to and use of themomsource.net.
(A) This Agreement, which incorporates by reference other provisions applicable to use of themomsource.net, including, but not limited to, supplemental terms and conditions set forth in paragraph 13 hereof (”Supplemental Terms”) governing the use of certain specific material contained in themomsource.net, sets forth the terms and conditions that apply to use of themomsource.net by Subscriber. By using themomsource.net (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use themomsource.net is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber’s Account (under any screen name or password) and for ensuring that all use of Subscriber’s Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber’s password(s), if any.
(B) The MomSource website shall have the right at any time to change or discontinue any aspect or feature of themomsource.net, including, but not limited to, content, hours of availability, and equipment and equipment needed for access or use.
3. Changed Terms.
The MomSource website shall have the right at any time to change or modify the terms and conditions applicable to Subscriber’s use of themomsource.net, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on themomsource.net, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of themomsource.net by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer
hardware and other equipment needed for access to and use of
themomsource.net and all charges related thereto.
5. Subscriber Conduct.
(A) Subscriber shall use themomsource.net for lawful purposes only. Subscriber shall not post or transmit through themomsource.net any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without The MomSource website express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in The MomSource website sole discretion restricts or inhibits any other Subscriber from using or enjoying themomsource.net will not be permitted. Subscriber shall not use themomsource.net to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with themomsource.net.
(B) themomsource.net contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of themomsource.net are copyrighted as a collective work under the United States copyright laws. The MomSource website owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of The MomSource website and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on themomsource.net any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission and shall indemnify and hold harmless themomsource.net from and against any and all claims in any way related therefrom including attorenys’ fees and costs . By submitting material to any public area of themomsource.net, Subscriber automatically grants, or warrants that the owner of such material has expressly granted The MomSource website the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, and store or reproduces the material for that Subscriber’s personal use. Subscriber hereby grants The MomSource website the right to edit, copy, publish and distribute any material made available on themomsource.net by Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit of The MomSource website, its principals, subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF themomsource.net IS AT SUBSCRIBER’S SOLE RISK. NEITHER The MomSource WEBSITE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS REPRESENT OR WARRANT THAT themomsource.net WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF themomsource.net, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH themomsource.net.
(B) themomsource.net IS PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT The MomSource WEBSITE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, BREACH OF COPYRIGT OR TRADEMARK INFRINGEMENT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL The MomSource WEBSITE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING themomsource.net, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE themomsource.net. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON themomsource.net.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, The MomSource WEBSITE, NOR ITS PRINCIPALS, AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN themomsource.net, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. The MomSource WEBSITE, ITS PRINCIPALS, AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, The MomSource WEBSITE, NOR ITS PRINCIPALS, AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE IS NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
The MomSource website shall have the right, but not the obligation, to monitor the content of themomsource.net, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by The MomSource website and to satisfy any law, regulation or authorized government request. The MomSource website shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on themomsource.net. Without limiting the foregoing, The MomSource website shall have the right to remove any material that The MomSource website, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Subscriber agrees to defend, indemnify and hold harmless The MomSource website, its principals, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees and costs, arising out of the use of themomsource.net by Subscriber or Subscriber’s Account.
Either The MomSource website or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, The MomSource website shall have the right to immediately terminate Subscriber’s Account in the event of any conduct by Subscriber which The MomSource website, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
The MomSource, themomsource.net, and each of their logos are trademarks of The MomSource website. All rights reserved. All other trademarks appearing on themomsource.net are the property of their respective owners. The substantive written material appearing on themomsource.net, not otherwise the intellectual property of third parties, is the intellectual property of The Mom Source Website and the momsource.net and is protected by Copyright.
11. Third Party Content.
themomsource.net is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, ) themomsource.net has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of themomsource.net, are those of the respective author(s) or distributor(s) and not of The MomSource website. Neither The MomSource website nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)In many instances, the content available through) themomsource.net represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with The MomSource website. The MomSource website neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on) themomsource.net by anyone other than authorized The MomSource website employee spokespersons while acting in their official capacities. Under no circumstances will The MomSource website, its principals, affiliates and their directors, officers, employees and agents, be liable for any loss or damage caused by a Subscriber’s reliance on information obtained through) themomsource.net. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through) themomsource.net. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
This Agreement and any operating rules for) themomsource.net established The MomSource website constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Connecticut, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.Any reference to either themomsource.net or The Mom Source website shall include the other.
13. Supplemental Terms
As set forth in) themomsource.net Service Agreement which governs the use of) themomsource.net, please be advised that neither, The MomSource website. nor its principals, affiliates information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within themomsource.net, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising there from or occasioned thereby. None of the parties represented in this paragraph 13 shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.