3. RESTRICTIONS ON USE OF MATERIALS
All information, content and materials contained on MommyWarriors.com are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. No information, content or material from MommyWarriors.com may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the information, content or materials on any single computer for your personal, noncommercial home use only, provided that (a) you keep intact all copyright and other proprietary notices, (b) you make no modifications to the information, content or materials, (c) you do not use the information, content or materials in a manner that suggests an association with MommyWarriors.com, and (d) you do not download information, content or materials so as to avoid future downloads from MommyWarriors.com. The use of any information, content or materials on MommyWarriors.com on any other Web site or computer environment is prohibited.
MommyWarriors.com is only for your personal use. You may not use MommyWarriors.com for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
We are pleased to hear from you and welcome your comments and submissions. Any information, content or materials that you submit, post or otherwise send us including, without limitation, ideas, concepts, suggestions, recommendations, recipes, stories, screenplays, treatments, formats, artwork, images, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, data, text, messages, postings, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and any other materials, as well as links to any of the foregoing, web pages or any other materials (collectively, “User Submitted Content”) shall be subject to the terms of our User Submission Agreement which can be accessed by clicking here. The terms of the Submission Agreement shall govern our right to use all User Submitted Content.
5. REGISTRATION INFORMATION AND SECURITY
You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”). If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and refuse any and all current or future use of MommyWarriors.com (or any portion thereof).
You also agree (a) to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to MommyWarriors.com. In addition, you agree to exit from your account at the end of each session.
We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.
6. PUBLIC FORUMS AND COMMUNICATION
“Public Forum” means an area, site or feature offered as part of MommyWarriors.com that enables users or visitors of MommyWarriors.com (a) to submit, post, display and/or view User Submitted Content and/or (b) to communicate, share or exchange User Submitted Content with other MommyWarriors.com users, visitors and members of the general public including, without limitation, a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, e-mail function (including, but not limited to, electronic greeting cards).
You acknowledge that anything you submit to MommyWarriors.com by way of any Public Forum may be routed through our servers, the servers of one or more third parties on our behalf and the Internet, and may be viewed on the Internet by the general public and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that Public Forums and features offered therein are for public and not private communications. Please keep in mind that whenever you give out personal information online, through any media, including without limitation, a Public Forum, that information can be collected and used by people you don’t know. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the User Submitted Content submitted and/or posted under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. You acknowledge that the use of User Submitted Content posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
We reserve the right to screen, refuse to post, remove or edit User Submitted Content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any Public Forum. If we elect to screen User Submitted Content, there may be a delay in the posting of such content in a Public Forum to allow for a review process. If we have questions about your User Submitted Content including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material.
When participating in a Public Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with. Information obtained in a Public Forum may not be reliable, and it is not a good idea to take any action, including to trade or make any investment decisions, based solely or largely on information you cannot confirm. We cannot be responsible for the accuracy of any User Submitted Content contained in a Public Forum, and we shall not be responsible for any trading, investment, or any other decisions made or actions taken or not taken based on such information or content.
Your ability to access and browse User Submitted Content within a Public Forum and/or to submit and/or post User Submitted Content within a Public Forum may be subject to certain age restrictions and/or related procedures that we may revise in our sole discretion at any time and for any reason. Any such age restrictions and procedures will be posted within the Public Forum, as applicable.
The following is a list of rules applicable to MommyWarriors.com. By using MommyWarriors.com, you agree that:
1. You will not submit, post, upload, distribute, or otherwise make available or transmit any User Submitted Content that: (a) is false, inaccurate or misleading; (b) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (c) is bigoted, hateful, or racially or otherwise offensive; (d) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (e) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; (f) infringes or violates any right of a third party or any domestic or international law, rule or regulation including, but not limited to: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation; or (g) does not comply with all terms and conditions applicable to the Submissions Agreement;
3. You will not (a) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any Public Forum for commercial purposes of any kind, or (b) use any product or service available on MommyWarriors.com (including, without limitation, electronic greeting cards and e-mail functions) for commercial purposes of any kind;
4. You will not submit, post, upload, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage MommyWarriors.com or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of MommyWarriors.com;
5. You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity including, without limitation, using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph;
6. You will not engage in antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet;
7. You will not delete any legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
8. You will not submit, post, upload, distribute or otherwise make available or transmit any User Submitted Content or make statements in any Public Forum that do not generally pertain to the designated topic or theme of the Public Forum;
10. You will not engage in (or attempt to engage in) any criminal activity including, without limitation, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing, harassment, theft, and conspiracy to commit any criminal activity.
To the extent that any feature on MommyWarriors.com requires you to submit your e-mail address or mobile phone number in order to send a card, e-mail or message, you must, and you hereby agree to, furnish your actual e-mail address or actual mobile phone number, as applicable. Any business use, “re-mailing,” or other high-volume application is strictly prohibited. You are not permitted to send cards, e-mails or messages using an automated program. Electronic greeting cards, e-mails and mobile messages may not contain inappropriate language or images or copyrighted material (without the consent of the copyright holder) or encourage illegal activity. We reserve the right not to deliver electronic greeting cards, e-mails and mobile messages that violate these guidelines.
WE MAY CHANGE THE MOMMYWARRIORS.COM SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
8. OUR CONTENT REMOVAL RIGHTS
9. LINKED CONTENT
We make no representations concerning the content of sites listed on MommyWarriors.com. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in such sites or otherwise linked to MommyWarriors.com.
THE INFORMATION, CONTENT AND MATERIALS ON MOMMYWARRIORS.COM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON MOMMYWARRIORS.COM (INCLUDING, WITHOUT LIMITATION, SUBMISSIONS) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT MOMMYWARRIORS.COM OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO MOMMYWARRIORS.COM, INCLUDING, WITHOUT LIMITATION, SUBMISSIONS, OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM MOMMYWARRIORS.COM IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from MommyWarriors.com. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from MommyWarriors.com or third-party information, content or materials contained on our site (including, without limitation, User Submitted Content contained in Public Forums). We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third-party site. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably waive any claim against us with respect to information, content and materials contained on MommyWarriors.com (including, without limitation, User Submitted Content), on third party sites, and any information, content and materials you provide to such third party sites (including, without limitation, credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
12. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, MOMMYWARRIORS.COM OR ANY CONTENT, MATERIALS OR FUNCTIONS ON MOMMYWARRIORS.COM, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF MOMMYWARRIORS.COM OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR 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 THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO MOMMYWARRIORS.COM.
MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS, LICENSEES, DISTRIBUTORS, AGENTS, REPRESENTATIVES AND OTHER AUTHORIZED USERS, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF US, OUR LICENSORS AND LICENSEES, DISTRIBUTORS, AGENTS, REPRESENTATIVES AND OTHER AUTHORIZED USERS, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE, OUR LICENSORS AND LICENSEES, DISTRIBUTORS, AGENTS, REPRESENTATIVES AND OTHER AUTHORIZED USERS, NOR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN MOMMYWARRIORS.COM AND ANY WEB SITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO MOMMYWARRIORS.COM IN AN ACCURATE OR TIMELY MANNER.
13. JURISDICTIONAL AND VENUE ISSUES
16. GENERAL PROVISIONS
17. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider’s Designated Agent.
Notification must be submitted to the following Designated Agent:
Service Provider: MommyWarriors.com
Name of Agent Designated to Receive Notification of Claimed Infringement: Nicole Perry
Full Address of Designated Agent to Which Notification Should be Sent: 12930 Ventura Blvd., Suite 931, Studio City, California 91604-2200.
To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice to our users by means of a general notice on MommyWarriors.com, 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 a 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 MommyWarriors.com 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.