These Terms and Conditions of Use (these “Terms”) are a legal agreement between you (“you” or “user”) and TheMomSpot, LLC (“TheMomSpot” or “we”, “us”, or “our”) and govern your use of TheMomSpot online property that we operate, make available, or produce and maintain, including TheMomSpotAZ.com (including any versions optimized for viewing on a wireless or tablet device); and any other content that we may choose to distribute such as email newsletters, and interactive features, applications, services, and communications (“Media”), however accessed and/or used. In addition to the Content (as defined below) on the Media, the Media may provide you with various opportunities to review and purchase products and services, submit and link content, and participate in various activities (“Activities”). BY USING OUR MEDIA AND THE ACTIVITIES, YOU ARE ACCEPTING THESE TERMS AND THE PRACTICES DESCRIBED IN THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE MEDIA AND EXIT IMMEDIATELY. WE MAY MODIFY OR AMEND THESE TERMS FROM TIME TO TIME BY POSTING THE NEW TERMS TO THE MEDIA. YOUR CONTINUED USE OF THE MEDIA FOLLOWING THE POSTING OF CHANGES WILL MEAN YOU ACCEPT THOSE CHANGES. IF YOU DO NOT AGREE WITH THE CHANGES, YOU MAY DISCONTINUE YOUR USE OF THE MEDIA. All policies posted on the Media (“Policies”) also apply to your use of the Media and the Activities, and are also part of these Terms.
1. Media Access License. Subject to your compliance with these Terms and the Policies, TheMomSpot grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal, non-commercial use of the Media and their Content. This license does not include any resale or commercial use of the Media or their Content; any derivative use of the Media or their Content; or any use of data mining, robots, or similar data gathering and extraction tools.
2. Copyright and Ownership. All of the content featured or displayed on the Media, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is and will remain owned by TheMomSpot and/or its licensors. All elements of the Media, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as may be otherwise indicated in specific documents within the Media, we authorize you to view, play, print and download copyrighted documents, audio and video found on our Media for personal, informational, and noncommercial purposes only. Notwithstanding the foregoing, you may not download, republish, retransmit, reproduce, or otherwise use any images on the Media attributed to third parties. You are solely responsible for obtaining permission before reusing any copyrighted material that is available on the Media. You will not remove any copyright, trademark, or other proprietary notices from any Content.
3. Trademarks/No Endorsement. All trademarks, service marks, and trade names of TheMomSpot used on the Media (including but not limited to: the TheMomSpot name, corporate logo, the Media name, the Media design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of TheMomSpot or its affiliates, partners, vendors, or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including on any other web site or network computer environment, as a “hot” link on or to any other web site, or in advertising or publicity pertaining to distribution of materials on the Media, without TheMomSpot’s prior written consent. You may not use TheMomSpot’s name or any language, pictures, or symbols which could, in TheMomSpot’s judgment, imply TheMomSpot’s endorsement.
4. Account Registration and Security. If required to register to access aspects of the Media, you will: (a) provide true, accurate, current and complete information as prompted by the Media’ registration page (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If TheMomSpot has a reasonable belief that information you provide may not meet these standards, we may suspend or terminate your account and refuse all current or future use of the Media (or any portion thereof). You are solely responsible for the security and confidentiality of your password and account and for all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to log on to the Media using your account information. You will immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. We may provide Registration Data, Content, usage records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). The Media may also include a tool that allows you to sign in or register using information from your account with a third party service, such as Facebook, Twitter, Google, Pinterest, or Instagram. These third party services are unrelated to the Media, and your use of such services is subject to the terms on the sites of the applicable services.
5. Electronic Communications. When you use the Media or the Activities, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. We may communicate with you electronically, and you consent to receive electronic communications such as e-mails, texts, and mobile push notices from us. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
6. Product Purchases. Purchases of products through the Media are subject to the returns policy and shipping policy of the affiliate seller(s). We attempt to be as accurate as possible in describing products offered on the Media. However, we do not warrant that product descriptions are accurate, complete, reliable, current, or error-free. If a product offered through the Media is not as described, your sole remedy is to return it in unused condition to the seller. All purchases of product(s) through the Media are made pursuant to a shipment contract. This means that the risk of loss and title for such product(s) pass to you upon delivery to the carrier. We cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items on the Media may be mispriced. If the correct price of an item is higher than the stated price on the Media, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Your order is not confirmed until we send you an e-mail confirming the order. We work with third parties to provide certain functionality for the Media, including payment processing when you purchase a product. When you check out, you are interacting directly with our third party payment processing partner, and not TheMomSpot. We do not warrant the offerings of third party providers or assume any responsibility or liability for their actions, services, or content. You should review their privacy notices and conditions of use.
7. User Submissions. You grant TheMomSpot a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display any content you submit to TheMomSpot in connection with the Media (e.g. comments and related links and images, etc.) (“User Submissions”) throughout the world in any media. We may use and display the name and/or any voice or likeness contained in any User Submission. We may, but have no obligation to, monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party. As between us and you and apart from the licenses granted hereunder, you retain all rights in your User Submissions. User Submissions are not confidential, and we are under no obligation to maintain as confidential any information, in whatever form, contained in any User Submission. TheMomSpot may sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your User Submission, and TheMomSpot and its licensors or affiliates may retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these terms obligates or may be deemed to obligate TheMomSpot to sell, license, or offer to sell or license any advertising, promotion, or distribution rights. User Submissions do not represent the views of TheMomSpot or any individual associated with TheMomSpot, and we do not control this Content. In no event shall you represent or suggest, directly or indirectly, TheMomSpot’s endorsement of User Submissions. Through your use of the Media and Activities, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. TheMomSpot does not take any responsibility or assume any liability for any actions you may take as a result of reading User Submissions. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Media, you assume all associated risks.
8. Linking to the Media. Creating or maintaining any link from another web site to any page on the Media without our prior written permission is prohibited. Running or displaying the Media or any information or material displayed on the Media in frames or through similar means on another web site without our prior written permission is prohibited. Any permitted links to the Media must comply with all applicable laws, rule and regulations.
10. Inappropriate Content. You may not submit any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. You may not submit any content resulting from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort. You agree that you have not and will not engage in any of the foregoing activities in connection with producing User Submissions. Such violations may subject you and your agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to any user of the Media or the Media or through voice computer systems is expressly prohibited by these Terms. Any such unauthorized use of our computer systems is a violation of these Terms and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, we may take any action we deem necessary to cure or prevent a violation of this Section 10, including without limitation, banning you from submitting any content and/or the immediate removal of content from the Media at any time without notice.
11. Accuracy of Information. We attempt to ensure that information on the Media is complete, accurate, and current. Despite our efforts, the information on the Media may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Media.
12. Access and Interference. You will not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of TheMomSpot, its content providers or its affiliates without our express written consent. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell all or any portion of the Media or any Content or other information or work contained on the Media or otherwise exploit any of it for commercial purposes. You will not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. You will not use any robot, spider, scraper, or other automated means to access the Media for any purpose without our express written permission. Additionally, you will not: (i) take any action that may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Media; or (iii) bypass any measures we may use to prevent or restrict access to the Media. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.
13. Right to Take Down Content. You are solely responsible for the content of your User Submissions and the consequences of posting or publishing them, and TheMomSpot has no obligation to screen any such content. However, we may, in our sole discretion edit, refuse to post, or remove any User Submission at any time without notice, including without limitation any material that we find to be in violation of the provisions of these Terms or otherwise objectionable, and we may deny any user who violates any provision of these Terms access to the Media.
14. Representations and Warranties. You represent that you are over the age of 18, have the right and authority to enter into these Terms, are fully able and competent to satisfy the terms, conditions, and obligations herein, and your use of the Media and Activities is and will be in compliance with all applicable laws, rules, and regulations. In connection with User Submissions, you affirm, represent and warrant the following: (i) you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the license in Section 7, and you own or otherwise control all of the rights to the User Submissions; (ii) if necessary you have the written consent of each and every identifiable natural person in the User Submission to use such persons name or likeness in the manner contemplated by the Media and these Terms, and each such person has released you from any liability that may arise in relation to such use; (iii) you have read, understood, agree with, and will abide by the terms of these Terms; (iv) you are not, and have not been an agent of TheMomSpot and were not and are not acting on behalf of, or as a representative of, TheMomSpot or any other party in connection with the User Submission; (v) the User Submission and TheMomSpot’s use thereof as contemplated by these Terms and the Media will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity, and will not cause injury to any person or entity; (vi) you are not, nor is any other person who appears in your User Submission, a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society; (vii) you have not and will not engage in any of the following in connection with the production of or contribution(s) to your User Submission: infliction of injury to any person or animal, humiliation of any person (whether public or private), infliction of emotional distress on any person, assault or battery of any person, damage to any property without permission, entry on any property without permission, or any other act or omission that could give rise to civil and/or criminal liability; (viii) the User Submission does not contain: (a) falsehoods or misrepresentations; (b) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) advertisements or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent.
15. DISCLAIMERS. YOUR USE OF THE MEDIA AND SERVICES IS AT YOUR RISK. THE CONTENT AND SERVICES PROVIDED ON OR THROUGH THE MEDIA ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER THEMOMSPOT NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR SERVICES PROVIDED ON OR THROUGH THE MEDIA. THE CONTENT AND SERVICES PROVIDED ON OR THROUGH THE MEDIA MAY BE OUT OF DATE, AND NEITHER THEMOMSPOT NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH CONTENT OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THEMOMSPOT OR THROUGH THE MEDIA AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
16. LIMITATIONS OF LIABILITY. TheMomSpot does not assume any responsibility, and will not be liable for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Media, or your downloading of any information or materials from this Media. IN NO EVENT WILL THEMOMSPOT, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE MEDIA, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE MEDIA, ANY MEDIA LINKED TO THE MEDIA, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH MEDIA, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT THEMOMSPOT SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE MEDIA OR ANY CONTENT, YOUR SOLE REMEDIES ARE TO CEASE USING THE MEDIA AND/OR FOLLOW THE INSTRUCTIONS BELOW UNDER “DMCA NOTICE”. IN NO EVENT SHALL THEMOMSPOT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED TWENTY FIVE DOLLARS (US $25.00).
17. Indemnity. You will defend, indemnify and hold TheMomSpot and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Media or affiliate sites or your placement or transmission of any message or information on the Media by you or your authorized users; (ii) your violation of any of these Terms, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of any country; (v) any claim or damages that arise as a result of any User Submission that you provide to TheMomSpot; or (vi) any other party’s access and use of the Media with your unique username and password.
18. Release. You hereby release TheMomSpot (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute(s) between you and any other user(s) of the Media. In giving this release, which includes claims that may be unknown to you at present, you waive any such statutory protection regarding unknown claims such as, but not limited to, Section 1542 of the California Civil Code which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You hereby expressly waive all rights and benefits under that section and any law or legal principle of similar effect in any jurisdiction with respect to the release granted herein, including but not limited to the release of unknown and unsuspected claims granted in these Terms.
19. Termination. You or we may terminate your account or your use of the Media at any time, for any reason or for no reason. We may also suspend your account or your use of the Media at any time or block your access to the Media in the event that (i) you breach these Terms; (ii) we are unable to verify or authenticate any information you provide to us; or (iii) we believe that your actions may cause financial loss or legal liability for you, our users or us.
21. General. Any claim relating to, and the use of, this Media and the materials contained herein is governed by the laws of the state of Arizona. You consent to the exclusive jurisdiction of the state and federal courts located in Phoenix, Arizona. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We do not guarantee continuous, uninterrupted or secure access to our Media or Activities, and operation of the Media may be interfered with by numerous factors outside of our control. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. We may assign these Terms and all incorporated agreements or any of our rights or duties under them in our sole discretion. Headings are for convenience only and have no interpretive value. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms, the Policies, and all updates, supplements, and all of TheMomSpot’s rules and policies, collectively, constitute the entire agreement between us and you with respect to your use of the Media and your purchase of products through the Media. Sections 7(User Submissions), 14 (Representations and Warranties), 15(Disclaimers), 16 (Limitations of Liability), 17 (Indemnity), 18 (Release), and 21 (General) shall survive any termination or expiration of these Terms.
22. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. In operating the Media, we may act as a “services provider” (as defined by DMCA) and offer services as an online provider of materials and links to third party web sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Media. TheMomSpot has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Media. TheMomSpot has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of TheMomSpot or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of these Terms. If you believe any material available via the Media infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is Kelsey Guthrie, 8214 E Sharon Drive, Scottsdale, AZ 85260; email@example.com.
Please provide the following notice:
1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
2. Identify the material on the Media that you claim is infringing, with enough detail so that we may locate it on the Media;
3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.
We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
22. Additional Assistance. If you do not understand any of the Terms or if you have any questions or comments, we invite you to contact info@TheMomSpot.com
23. Copyright Notice. All Media design, graphics, text selections, arrangements, and all software are Copyright © 2020 TheMomSpot, LLC or its licensors. ALL RIGHTS RESERVED.