MOMMINGHUBB TERMS OF SERVICE
This Agreement sets forth the Terms Of Service for your use of the Website at MommingHubb.com (The “Site”) and the services offered by Fans Of Being a Mom, Inc., A Delaware corporation. MommingHubb (“MommingHubb” and collectively with the site, the “Service”). By using the site or service you agree to be bound by this Agreement. This Agreement applies to all users of the site or service.
Acceptance of Terms
MommingHubb is a Site providing and sharing both original and user-generated content about a variety of experiences related to motherhood.
When you visit this site, send emails to MommingHubb or request information via email or other mobile device, you are communicating with us electronically and consenting to receive communications electronically. This consent also includes receiving Notices posted to this Site electronically.
Subject to these Policies, MommingHubb may offer to provide the Service, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services MommingHubb performs for you authorized by MommingHubb, as well as the offering of any materials displayed or performed on or through the Site or the Services (including Content (as defined below)).
The Service is available only to individuals who are at least 18 years old. You represent and warrant that you are of legal age to form a binding contract, and that all information you submit is accurate and truthful. MommingHubb may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
Modification of Terms of Service
Rules and Conduct
You shall not, as determined in MommingHubb’s sole discretion: (i) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (ii) bypass any measures MommingHubb may use to prevent or restrict access to the Service; (iii) share or otherwise allow another’s access to your Account, or share the materials downloaded from the Site; or (iv) use manual or automated software, devices, or other processes to “crawl,” “spider” or in any other way “scrub” any page of the Site.
You shall not in any way: (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service; (ii) modify, translate, or otherwise create derivative works of any part of the Site; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
MommingHubb does not guarantee that any Content will be made available on the Site or through the Service. MommingHubb has no obligation to monitor the Site, Service or Content.
MommingHubb, in its discretion, reserves the right to remove, edit or modify any Content from the Site or Service at any time, without notice to you and for any reason, or for no reason at all.
Third Party Sites and Services
The Site may link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under MommingHubb’s control, and you acknowledge that MommingHubb is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by MommingHubb or any association with its operators. You further acknowledge and agree that MommingHubb shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
As well, any website linked to MommingHubb may or may not be affiliated with MommingHubb. It is up to you to make an independent decision regarding your interaction or communication with such website. As such, you hold MommingHubb free from liability and responsibility when communicating or interacting with such websites.
Information contained in any and all reviews posted to the Service of third parties is for informational purposes only. MommingHubb does not assume any responsibility or liability for reliance on such reviews. MommingHubb welcomes all comments and will review comments, but does not guarantee that such comments will be reflected in those reviews. Please send your comments to email@example.com.
Content and License
You agree that the Site contains Content specifically provided byMommingHubb and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Site. Specifically, MommingHubb and its logo is a trademark MommingHubb as well as the text, graphics, website design, software, functionality, etc. is subject to copyright protection by MommingHubb.
MommingHubb grants each user of the Site a limited, non-exclusive, non-sublicensable and non-transferable license to use the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from MommingHubb. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
The Service may contain advertisements for other businesses. Any and all interaction with the businesses advertised through the Service is done at your own risk. These other websites are not under MommingHubb’s control, and you acknowledge that MommingHubb is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such businesses or resources advertised. The inclusion of any such advertisement does not imply endorsement by MommingHubb or any association with its operators. You further acknowledge and agree that MommingHubb shall not be responsible or liable, directly or indirectly, for any dissatisfaction, damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available by or through any business advertised anywhere on the Service.
If you believe that any business advertised on the Service or any advertisement on the Service violates any policies stated in the Terms or anywhere else on the Site, please send your concerns to firstname.lastname@example.org. While MommingHubb welcomes and reviews all concerns, MommingHubb does not guarantee that such concerns will be reflected in those advertisements.
Intellectual Property Rights
MommingHubb respects copyright laws and the intellectual property rights of others.
Site Content, Software and Trademarks: You acknowledge and agree that the Site and Service may contain content (“Site Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by MommingHubb, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Site Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Site Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Site and Service or distributed in connection therewith is the property of MommingHubb, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by MommingHubb.
User Content Transmitted Through the Site and Service: You are solely responsible for the content and other materials you upload through the Service or share with other users or recipients (collectively, “User Content”). User Content includes, but is not limited to, any text, photographs, videos, audio clips, comments, links, software, scripts, graphics, and interactive features made accessible through MommingHubb on or through the Service. You will not upload any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. You affirm and warrant that you are the rights holder or are properly licensed to use any and all User Content. By uploading any User Content you hereby grant and will grant MommingHubb and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site (“Submissions”), provided by you to MommingHubb are non-confidential and MommingHubb will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. When you delete your Submissions, they will be removed from the Site. However, you understand that any removed Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your Submissions.
Copyright Complaints: MommingHubb respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify MommingHubb of your infringement claim in accordance with the procedure set forth below.
MommingHubb will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to MommingHubb’s Copyright Agent at: email@example.com
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the state of Massachusetts and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, MommingHubb will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, MommingHubb has adopted a policy of terminating, in appropriate circumstances and at MommingHubb’s sole discretion, users who are deemed to be repeat infringers. MommingHubb may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
MommingHubb may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your registration. If you wish to terminate your subscription to the mailing list and any/all updates, you may do so by following the instructions on the Site.
MommingHubb has no special relationship with or fiduciary duty to you. MommingHubb has no control over, and no duty to take any action regarding: which users gains access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release MommingHubb from all liability for you having acquired or not acquired Content through the Service. While we try to tailor third party content to our audience, the Service may contain, or direct you to websites containing information that some people may find offensive or inappropriate. MommingHubb makes no representations concerning any Content contained in or accessed through the Service, and MommingHubb will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
MommingHubb DOES NOT WARRANT OR GUARANTEE ANY RESULTS FOR ANY ASPECTS OF YOUR PROFESSIONAL OR PERSONAL LIFE, FOR WHICH YOU USE THIS SERVICE, INCLUDING BUT NOT LIMITED TO YOUR CAPACITY AS A USER, VIEWER, BLOGGER, AND/OR ADVERTISER. THERE IS NO IMPLIED SUCCESS IN UTILIZING THE SITE AND SERVICE OF MommingHubb AND MommingHubb WILL NOT BE HELD LIABLE FOR ANY RESULT, PROFESSIONAL OR PRIVATE, FOR WHICH YOU USE THE MATERIAL OR USE THE SERVICE FOR PROMOTION PURPOSES.
THE SITE AND SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. MommingHubb, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SITE AND SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SITE AND SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SITE AND SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SITE AND SERVICE IS SOLELY AT YOUR OWN RISK.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE: MommingHubb TAKES EVERY MEASURE TO ENSURE THE SECURITY OF THE SITE AND SERVICE, BUT GIVEN THE NATURE OF THE INTERNET, MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED THROUGH THE SERVICE OR STORED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE.
You shall defend, indemnify, and hold harmless MommingHubb, its affiliates and each of its affiliate’s employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site, the Service, Content, your violation of the Terms of Service, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. MommingHubb reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with MommingHubb in asserting any available defenses.
Limitation of Liability
IN NO EVENT SHALL MommingHubb, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SITE: (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) USER’S PAYMENTS FOR THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
AS A REVIEW/COMMENT-ORIENTED SITE, YOU UNDERSTAND AND RELEASE MommingHubb FROM ANY LIABILITY FOR THE REVIEWS, COMMENTS, RANKINGS, AND ANY AND ALL OTHER COMMUNICATIONS POSTED ON THE MommingHubb SITE BY ANY AND EVERY THIRD PARTY, INCLUDING BUT NOT LIMITED TO SUCH ACTIONS AS DEFAMATION, INFRINGEMENT, ANY CRIMINAL ACTIVITY, AND ANY DAMAGES RESULTING THEREFROM.
Integration and Severability
The Policies are the entire agreement between you and MommingHubb with respect to the use of the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and MommingHubb with respect to the Service. If any provision of the Policies is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Policies will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Assignments and Transfers
The Policies are personal to you, and are not assignable, transferable or sublicensable by you except with MommingHubb’s prior written consent. MommingHubb may assign, transfer or delegate any of its rights and obligations hereunder without consent.
Non-creation of Legal Relationships
No agency, partnership, joint venture, employment, or independent contractor relationship is created as a result of the Policies and neither party has any authority of any kind to bind the other in any respect.
All notices under the Policies will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
MommingHubb shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond MommingHubb’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).
MommingHubb is a Site providing and sharing both original and user-generated content about a variety of experiences related to motherhood.
What Information We Collect, Where it is Gathered, and How it is Used
Personally Identifiable Information: We collect personally identifiable information. In general, our Site allows you to Contact Us, Submit Articles, Sign Up for our Newsletter, and utlitize Social Plugins. These services may require that you provide us with personally identifiable information such as your name and email address.
Information you reveal on the Site is at your own discretion and it is encouraged that you not communicate to MommingHubb and its Users any information the dissemination of which could be harmful to you.
PROTECTING THE PRIVACY OF YOUNG CHILDREN IS ESPECIALLY IMPORTANT TO US. OUR SITE IS GEARED TOWARDS ADULTS. IN NO EVENT SHOULD THE SITE BE USED BY A CHILD. MommingHubb DOES NOT KNOWINGLY COLLECT INFORMATION FROM CHILDREN UNDER THE AGE OF 13 NOR DOES MommingHubb SHARE SUCH INFORMATION WITH THIRD PARTIES. CHILDREN UNDER THE AGE OF 18 MAY USE THE SITE ONLY WITH THE INVOLVEMENT OF A PARENT OR GUARDIAN. IF WE BECOME AWARE THAT WE HAVE COLLECTED PERSONAL INFORMATION FROM A CHILD UNDER AGE 13 WITHOUT VERIFICATION OF PARENTAL CONSENT, MommingHubb WILL TAKE STEPS TO REMOVE THAT INFORMATION.
Non-Personally Identifiable Information
Although such information is not personally identifiable, it may be possible to determine from an IP address a visitor’s Internet Service Provider and the geographic location of the visitor’s point of connectivity as well as other statistical usage data. Your IP address and other non-personally identifiable information also may be used to gather broad demographic information and to recognize customer traffic patterns and Site usage trends. This information helps us in merchandising and in developing the design and layout of the Site.
We also may share aggregated statistical data and other non-personally identifiable information with our current and potential business partners, advertisers, sponsors and with our service providers. MommingHubb will not, intentionally, disclose aggregate information to a partner in a manner that could identify you personally.
Information Sharing and Disclosure
MommingHubb won’t share your personal information with other companies, nor will we rent, sell or exchange your email address and information unless otherwise provided:
We work with third parties who provide services, including but not limited to website hosting, e-commerce affiliation, data analysis, emailing and other services of an administrative nature. Personally identifiable information is shared with such third parties for the purpose of providing such services.
We use third-party advertising companies to serve ads when you visit our Web site. These companies may use aggregated information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here
Emails from MommingHubb and the Site itself, may contain links to other Internet websites, including sites that may or may not be owned or operated by MommingHubb. Unless otherwise explicitly stated, we are not responsible for the privacy practices or the content of such websites, including such sites’ use of any information (such as IP number, browser type or operating system) collected when email recipients or Site visitors click through links to those sites. If you visit such websites, we encourage you to become familiar with the privacy practices of the sites.
Legal Obligation to Provide Information
Subject to applicable law, we reserve the right to release information concerning any Site visitor where such visitor is believed to be in violation of his or her obligations to us, is partaking (or is suspected of partaking) in any illegal activity, in response to civil subpoenas and discovery requests, to protect the interests of MommingHubb, our customers or others, and as otherwise permitted or required by law.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will contact you before we use your data for these new purposes to notify you of the policy change and to provide you with the ability to opt out of these new uses, we will post the policy changes to our Web site to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our Web site periodically.
Customers may prevent their information from being used for purposes other than those for which it was originally collected by e-mailing us at the above address.
DELETING YOU PERSONAL INFORMATION
You may request to have your information deleted by MommingHubb and MommingHubb will do so within a reasonable amount of time. The non-personal information aggregated by the analytics will remain as, among other reasons, MommingHubb has no control over that information.
What Choices Do I Have?
- You may contact us regarding removal of any of your information.
MommingHubb takes every precaution to ensure that your information is secure. We utilize the industry standard security protocol. All of your information is encrypted using this secure server for maximum security.
If you have any questions about this Policy, the data collection and usage practices of this Site, or your dealings with this Site, or if you wish to report a violation of this Policy, please contact: