|
PLEASE
READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. The momready.com
web site (the "web site") is provided by momready,
LLC for your and others' personal, non-commercial
enjoyment, subject to the terms of these terms and conditions of
use and all modifications thereto ("Terms and
Conditions"), and the rules that may be published from time
to time by momready. By using this site, you
are deemed to have agreed to these terms and conditions of use. momready
may change the Terms and Conditions from time to time and at any
time, and without actual notice to you. All such changes to
these Terms and Conditions will appear on momready.com.
By using this site after we post any changes, you agree to
accept those changes, whether or not you have reviewed them. If
at any time you choose not to accept these Terms and Conditions
of use, please do not use this site.
User Conduct
This web site and any communications service, including the
capability to contribute material through the contribution form
(each such submission, a "Contribution"), chat room,
message board, newsgroup, or other interactive service that may
be available to you on or through this site (collectively, the
"Services") are provided to you solely for
entertainment purposes. By using the web site and Services you
agree: (a) to provide true, accurate, current and complete
information about yourself as prompted by the subscription form,
contribution form and any registration form. If any information
provided by you is untrue, inaccurate, not current or
incomplete, momready reserves the right to
terminate your subscription and refuse any and all current or
future use of the Services.
Without limitation of the foregoing, you agree to not use the
Web Site or Services to:
Impersonate any person or entity, including, but not limited to,
a momready official, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted to or through the
web site;
Upload, post, publish, email, reproduce, distribute or otherwise
transmit any Content that you do not have a right to transmit
under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential
information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
Upload, post, publish, email, reproduce, distribute or otherwise
transmit any Content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights of any party;
Upload, post, publish, email, reproduce, distribute or otherwise
transmit any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any
other form of solicitation;
Upload, post, publish, email, reproduce, distribute or otherwise
transmit any material that contains software viruses, Trojan
horses, worms, time bombs, cancelbots, or any other computer
code, files or programs designed to interrupt, destroy, or limit
the functionality of any computer software or hardware or
telecommunications equipment or any other similarly destructive
activity, or surreptitiously intercept or expropriate any
system, data or personal information;
Act in a manner that negatively affects other users' ability to
engage in the web site or Services;
Engage in any activity that is contrary to or which would
adversely affect the purpose or intention of the web site or
Services, including but not limited to, actually or attempting
to manipulate, corrupt or otherwise affect the outcome of the
Services, in whole or part, by, among other methods, subscribing
another party without their authorization or registering
multiple subscriptions under the same or different names;
Interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the
Service; or
Intentionally or unintentionally violate any applicable local,
state, national or international law.
You also agree that you will not harvest, collect or store
information about the users of this web site or the Content
posted by others on this web site or use such information for
any purpose inconsistent with the purpose of this web site or
for the purpose of transmitting or facilitating transmission of
unsolicited bulk electronic mail or communications.
You understand that the technical processing and transmission of
the Web Site, including your Content, may involve (a)
transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or
devices. momready assumes no responsibility for
the deletion or failure to store postings, Contributions or
other information submitted by you or other users to momready.com.
Any or all Content on the Web Site may be purged periodically in
momready's sole discretion. You acknowledge and
agree that Content you view, submit or post is at your own
discretion and risk, including any reliance on the accuracy,
completeness, or usefulness of such Content. You acknowledge
that you may not rely on any information, data, text, music,
sound, photographs, graphics, video, messages or other materials
created by momready or submitted to momready,
including Content.
Restrictions On Use of Material
The content on this Web Site is intended for entertainment
purposes only. Except as expressly permitted, you agree not to
use the web site for sale, trade or other commercial purposes,
and, you may not modify, copy, publish, display, transmit, adapt
or in any way exploit the content of the web site. Only if you
obtain prior written consent from us may you publish, display or
commercially exploit any material from the web site. To seek our
permission, you may write to us at our address provided below.
If permission is granted by us and by all other entities with an
interest in the relevant intellectual property, you may not
change or delete any author attribution, trademark, legend or
copyright notice.
You must abide by all additional copyright notices or other
restrictions contained on the web site.
Unsolicited Materials
In operating this site, momready does not
solicit nor does it wish to receive any confidential, secret or
proprietary information or other material from you through the
web site or momready mail and email addresses,
or in any other way. Any information or material submitted or
sent to momready, will be deemed not to be
confidential or secret. By submitting or sending information or
other material to momready you represent and
warrant that the information is original to you and that no
other party has any rights to the material.
User's Grant Of Limited License
By communicating with momready, including
submitting or sending Content, a Contribution or other
information or material to momready.com, you
grant momready the royalty-free, unrestricted,
world-wide, perpetual, irrevocable, non-exclusive and fully
sub-licensable right and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from,
distribute, perform and display such Content (in whole or part),
including any information, suggestions, ideas, drawings or
concepts contained in such Content, worldwide and/or to
incorporate it in other works in any form, media, or technology
now known or later developed. Such license includes
incorporating a Contribution, in whole or in part, into a momready
feature. You will remain responsible for the accuracy, copyright
compliance, legality, decency, or any other aspect of such
submitted material, including any Contribution or part thereof,
or other communication to momready.
You also warrant that any "moral rights" in posted
materials have been waived.
Linked Sites
You may be able to link to third parties' web sites from momready.
Linked Sites are not, however, reviewed, controlled, or examined
by momready in any way and momready is not
responsible for the content, availability, advertising, products
or other materials of any such Linked Sites, or any additional
links contained therein. These links do not imply momready’s
endorsement of or association with the Linked Sites. It is your
sole responsibility to comply with the appropriate terms of
service of the Linked Sites as well as with any other obligation
under copyright, secrecy, defamation, decency, privacy, security
and export laws related to the use of such Linked Sites and any
content contained thereon. In no event shall momready
be liable, directly or indirectly, to anyone for any loss or
damage arising from or occasioned by the creation or use of the
Linked Sites or the information or material accessed-through
these Linked Sites. You should direct any concerns to that
site's administrator or webmaster. momready
reserves the exclusive right, at its sole discretion, to add,
change, decline or remove, without notice, any feature or link
to any of the Linked Sites from the Web Site and/or introduce
different features or links to different users.
SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND
GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR
MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE
LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR
JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING,
READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES
DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY,
TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO
WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED
SITES.
Permission must be granted by us for any type of link to momready.com.
To seek our permission, you may write to momready.
We reserve the right, however, to rescind any permission granted
by us to link through any type of link, and to require
termination of any such link to the web site, at our discretion
at any time.
Intellectual Property Rights
All materials contained in this Web Site are the copyrighted
property of momready, LLC. As between momready
and you, momready is the sole owner of all
content on the web site, including without limitation, all
applicable U.S. and non-U.S. copyrights, patents, trademarks,
and trade secrets, and other intellectual property rights
thereto. Except as otherwise specifically provided in these
Terms and Conditions, you may not download or save a copy of the
web site or any portion thereof, for any purpose. You may,
however, print a copy of individual screens appearing as part of
the web site solely for your personal, non-commercial use or
records, provided that any marks, logos or other legends that
appear on the copied screens remain on, and are not removed from
the printed or stored images of such screens. All title and
intellectual property rights in and to the content of the Linked
Sites is the property of the respective content owner and may be
protected by applicable copyright or other intellectual property
laws and treaties.
Parental Permission
This Web Site is not intended to be a children's site,
therefore, some of the available information may concern certain
topics that may not be appropriate for children. momready
may, at its discretion, require users under 18 to obtain the
consent of a parent or guardian to view certain content, and momready
may limit access to certain content to users above a specified
age. You agree to abide by any such restrictions, and not to
help anyone avoid these restrictions.
Privacy Policy
We are committed to protecting your privacy and security and
have explained in detail the steps we take to do so. We urge you
to read our privacy policy.
Disclaimer Of Warranties
THE WEB SITE AND SERVICES ARE PROVIDED "AS IS,"
"WHERE IS" AND "AS AVAILABLE," WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT
LIMITATION OF THE FOREGOING, MOMREADY
SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT
NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY,
ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS,
OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND
(ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT,
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR
INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A
RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE
CONTENT, OR (2) 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, TORT, NEGLIGENCE,
DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. MOMREADY
DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB
SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES
OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE
PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE
UNINTERRUPTED OR ERROR-FREE.
MOMREADY DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF
THE MATERIALS IN THIS WEB SITE. YOU ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation Of Liability
IN NO EVENT WILL MOMREADY, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS,
AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i)
FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE
AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB
SITE, EVEN IF MOMREADY OR ITS AGENTS SHALL HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS
OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE;
OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR
OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB
SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MOMREADY’S
LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
Upon a request by momready, you agree to
defend, indemnify and hold momready, its
affiliates, officers, directors and employees harmless from any
and all claims, liabilities, costs and expenses, including
reasonable attorneys' fees, arising in any way from your use or
misuse of the web site or Services, or the uploading, posting,
publishing, emailing, reproduction, distribution or transmission
of any Content or other materials by you or users authorized by
you or any violation of these Terms and Conditions by you. momready
reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to
indemnification by you, in which event you will cooperate with momready
in asserting any available defense.
Copyrights And Copyright Agent
We respect the intellectual property rights of others, and
require that the people who use the momready.com
web site do the same.
Applicable Laws / Jurisdiction
You agree that the laws of the State of New York, excluding its
conflicts-of-law rules, shall govern these Terms and Conditions.
Please note that your use of the web site may be subject to
other local, state, national, and international laws. You
expressly agree that exclusive jurisdiction for any claim or
dispute with momready or relating in any way to
your use of the Web Site resides in the courts of the State of
New York, and you further agree and expressly consent to the
exercise of personal jurisdiction in the courts of the State of
New York, in connection with any such dispute and including any
claim involving momready or its affiliates,
subsidiaries, employees, contractors, officers, directors,
telecommunication providers and content providers. We control
and operate this site from our offices in New York, New York. We
do not represent that materials on the site are appropriate or
available for use outside of New York, New York. Persons who
choose to access this site from other locations do so on their
own initiative, and are responsible for compliance with local
laws, if and to the extent local laws are applicable.
Provisions unenforceable or invalid
If any part of this agreement is held invalid or unenforceable,
that portion shall be construed in a manner consistent with
applicable law to reflect, as nearly as possible, the original
intentions of the parties, and the remaining portions shall
remain in full force and effect.
Assignment
You shall not transfer, assign, sublicense nor pledge in any
manner whatsoever, any of your rights or obligations under this
Agreement. momready may transfer, assign
sublicense or pledge in any manner whatsoever, any of its rights
and obligations under this agreement to a subsidiary, affiliate,
or successor thereof or to any third party whatsoever, without
notifying you or receiving your consent.
If you have any questions about this policy or our site in
general, please contact us at info@momready.com.
|
|