Terms of Use
1. USER Acceptance
By using or visiting this website owned and operated by Digital Entertainment Corporation of America (“DECA” or “us”) located at www.Momversation.com (collectively, including all Content available through the www.Momversation.com domain name and/or other related domain names which may point or direct a User (as defined below) to this website, collectively, the "Momversation Website", or "Website"), you signify your assent to both these terms and conditions (the “Terms of Use” or “Agreement”) and DECA’s Privacy Policy for the Momversation Website, which is published on the Momversation Website and which is incorporated herein by reference. If you do not agree to any of these terms, then please do not use the Momversation Website.
Further, the Momversation Website is offered and made available only to Users 13 years of age or older and if you are not yet 13 years old, your use of the Momversation Website is prohibited or restricted by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside. If you are not yet 13 years old or if, for any reason and at any time, you do not agree with all of the terms and conditions contained in these Terms of Use, please discontinue using the Momversation Website immediately because by using or attempting to use the Momversation Website, you are expressly certifying that you are at least 13 years of age, meet all other eligibility requirements for your use of the Momversation Website and agree to all of the terms and conditions contained in these Terms of Use.
By using the Momversation Website, you understand, acknowledge and agree that you will abide by the terms and conditions of the Agreement between DECA and you. When we use the term "Agreement" we mean and are referring to these Terms of Use, as well as any additional terms and conditions that apply to and govern your Submissions, Postings and use of Communities and Content (all as defined below), any features, functions and services we make available to you from time to time through our Website (e.g. our “Audio and Video Submission Agreement”), any official rules which apply to your participation in promotions, contests, sweepstakes, award programs, memberships, e-mail and/or newsletters ("Rules") and any additional terms and conditions referred to in any of the foregoing documents. These Terms of Use and our use of the term "Agreement" also includes our Privacy Policy. All of these are hereby incorporated into our Agreement with you by this reference and this Agreement will remain in full force and effect until terminated in accordance with Section 14 of this Agreement or as long as you are a User of the Momversation Website, even if your use of or participation in any particular service, feature, function or promotional activity terminates, expires, ceases, is suspended or deactivated for any reason.
The words "use" or "using" in this Agreement, means any time an individual (a "User"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Momversation Website, transmit, receive or exchange data or communicate with the Momversation Website, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Momversation Website. This Agreement does not cover your rights or responsibilities with respect to third party content or any web sites or links that may direct your browser or your connection to third party web sites or web pages.
2. REGISTRATION
There are portions of the Momversation Website that we make available to Users in the general public without registering and you may visit and browse those portions without charge or obligation; provided, however, we reserve the right to make changes, limit or restrict those portions at any time and from time to time in our discretion, without notice to you.
In order to access and use certain services, features or functions of the Momversation Website and in general any interactive feature of the Momversation Website, we require Users to register. As part of the registration process, you will need to select and provide us with a unique User name and choose a password (or we may assign an initial password which we will give you the option to change) which must form a unique combination (a "User ID"), and we also request that you provide your e-mail address, and may request that you provide other information as we may require. We may also, from time to time and at any time, provide Users with additional codes or passwords necessary to access and use certain services, features or functions of the Momversation Website. Please read our Privacy Policy, which describes the non-public, personally identifiable information ("Personal Information") we collect, use, disclose, manage and store. Your User ID is personal to you and you may not allow any other person to use your User ID under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation or disclosure of all or any portion of your User ID, disclosure or your authorization of anyone else to use your User ID. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your User ID or any other need to deactivate your User ID due to security concerns.
3. DISCLAIMER REGARDING CONTENT AND ADVISE
The Momversation Website is an online destination intended to provide reliable, up-to-date information and advice, including information, opinions, advice and/or statements provided by third-party contributors (in each case, a “Contributor,” or collectively, the “Contributors”), through videos, blogs, community forums and webisodes concerning a broad array of issues viewed as being of importance and of interest to women, as well as, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like concerning the Momversation Website (collectively, the “Content”).
You expressly agree that use of the Content and the Momversation Website is at your sole risk. Neither DECA, nor its partners, licensees, parents, subsidiaries, affiliates, assigns, related companies and successors and all of their respective offices, directors, employees, representatives, licensors, suppliers, service providers, successors and permitted assigns, attorneys and agents, affiliates, nor any of their respective managers, directors, officers, employees, agents, third party content providers or licensors (including any person or entity involved in creating, producing or distributing the Content) (collectively, the “Affiliates”) warrant that the Momversation Website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Momversation Website or as to the accuracy, reliability or content of any information, service or products provided through the Momversation Website.
The Company and the Affiliates does not endorse, warrant or guarantee any products or services offered through the Momversation Website and will not be a party to or in any way monitor any transaction between users and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. The Company and the Affiliates make the Content, products or services available on the Momversation Website without 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.
The Company and Affiliates neither endorse, nor are responsible for the accuracy or reliability of any opinion, advice or statement on the Momversation Website, particularly any Content, nor for any offensive, defamatory or obscene posting made on the community areas by anyone other than authorized Company employee spokespersons while acting in their official capacities. Under no circumstances will DECA or any Affiliates be liable for any loss or damage caused by your reliance on Content obtained through either the Content on the Momversation Website, including any postings on the community areas. It is your responsibility to evaluate the accuracy, completeness or usefulness of any Content available through the Momversation Website, including the community areas. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific Content, including but not limited to financial, health, or lifestyle Content. Furthermore, the Content is not intended to be a substitute for professional medical advice. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any Content appearing on the Momversation Website is strictly at your own risk. In addition to the Content provided by the Contributors, the Momversation Website may contain Content of other users. Given the interactive nature of the Momversation Website, DECA and the Affiliates cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any Content generated by our users. The Content of the Momversation Website is intended for educational and entertainment purposes only. Such Content is not intended to, and does not, constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes. You should not act or refrain from acting on the basis of any Content included in, or accessible through, the Momversation Website without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or professional licensed in the recipient's state, country or other appropriate licensing jurisdiction.
The Company Site is provided on an "as is," "as available" basis without 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. The disclaimers of liability contained in this section apply to any damages or injury (physical or otherwise) 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, or for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that DECA and the Affiliates are not liable for the defamatory, offensive or illegal conduct of other users of the Momversation Website or third parties and that the risk of injury from the foregoing rests entirely with you. In no event will DECA, the Affiliates or any person or entity involved in creating, producing or distributing the Content or the Momversation Website be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Momversation Website or out of the breach of any warranty. You hereby acknowledge that the provisions of this section shall apply to all Content on the Momversation Website and any feature thereof. The liability of DECA or any Affiliates to users, if any, shall in no event exceed the total amount paid to DECA by such user.
To the extent any financial services or investment information is contained in the Content or otherwise available via the Momversation Website, prior to the execution of a purchase or sale of any security or investment, you are advised to consult with your broker or other financial advisor to verify pricing and other information. Neither DECA nor its third party content providers shall have any liability for investment decisions based upon, or the results obtained from, the Content provided herein. Neither DECA nor its third party content providers guarantee or warrant the timeliness, sequence, accuracy, or completeness of any such information. Nothing contained in the Momversation Website or in any Content shall be construed as investment advice. The Company is not a registered broker-dealer or investment advisor and does not give investment advice or recommend one product over another.
4. MODIFICATIONS
We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on the Momversation Website and we may also e-mail you about these changes. Once we post them on the Momversation Website, these changes become effective immediately and if you use the Momversation Website after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. DECA also reserves the right to change, modify, withdraw, suspend or even permanently discontinue all or any portions of the Momversation Website at any time, without any liability or obligation to you, with or without notice.
5. PRIVACY
DECA respects your privacy and the use and protection of your non-public and personally identifiable information (“Personal Information”). Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Momversation Website. If you have any questions regarding DECA's Privacy Policy with respect to the Momversation Website you may send your question to us by e-mail to momversation@deca.tv or by U.S. mail to Momversation, Attention: VP, Network Operations, 1299 Ocean Avenue, Ste. 410, Santa Monica, CA 90401.
6. THE MOMVERSATION WEBSITE AND HYPERLINKS TO THE WEBSITES OF THIRD PARTIES
These Terms of Use apply to all Users of the Momversation Website, including Users who are also contributors of audio content, video content, information, and other materials or services on the Momversation Website. The Momversation Website may contain links to third party websites that are not owned or controlled by DECA. DECA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Momversation Website or any other form of link or re-direction of your connection to, with or through the Momversation Website, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of DECA or its Affiliates. We do not verify, endorse, or have any responsibility for, any such third party sites, their business practices, or any goods or services associated with or obtained in connection with any such site, whether DECA's or any Affiliates' logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. If any third party site obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Policy, which describes how DECA collects and uses your Personal Information and co-branding relationships. In addition, DECA will not and cannot censor or edit the content of any third-party site. By using the Momversation Website, you expressly relieve DECA from any and all liability arising from your use of any third-party website. Accordingly, we strongly suggest that when you leave the Momversation Website that you read the terms and conditions and privacy policy of each other website that you visit.
7. Website Access
A. DECA hereby grants you permission to use the Momversation Website as set forth in these Terms of Use, provided that: (i) your use of the Momversation Website as permitted is solely for your personal, noncommercial use (unless DECA grants you written permission to do so); (ii) you will not copy or distribute any part of the Momversation Website in any medium without DECA's prior written authorization; (iii) you will not alter or modify any part of the Momversation Website other than as may be reasonably necessary to use the Momversation Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.
B. In order to access some features of the Momversation Website, you may have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify DECA immediately of any breach of security or unauthorized use of your account. Although DECA will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of DECA or others due to such unauthorized use.
C. You agree to abide by the “Rules of Conduct” set forth in Section 13 below and not use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Momversation Website in a manner that sends more request messages to DECA servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, DECA grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. DECA reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Momversation Website, nor to use the communication systems provided by the Momversation Website for any commercial solicitation purposes.
8. Intellectual Property Rights
The Content on the Momversation Website and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to DECA, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Momversation Website is provided to you “as is” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. DECA reserves all rights not expressly granted in and to the Momversation Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Momversation Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Momversation Website or the Content therein.
9. User Submissions
A. The Momversation Website permits the submission of audio content, video content, text content and commentary or other communications, including blog posts and textual and/or video blogging submitted by you and other Users ("User Submissions") and the hosting, sharing and publishing of such User Submissions. You understand that whether or not such User Submissions are published, DECA does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions, if any, and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize DECA to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Momversation Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Momversation Website and these Terms of Use. For purposes of clarity, understand that you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to DECA, you hereby grant DECA a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Momversation Website and DECA's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Momversation Website (and derivative works thereof) in and through all media formats and channels now known or hereafter developed. You also hereby grant each User of the Momversation Website a non-exclusive license to access your User Submissions through the Momversation Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Momversation Website and under these Terms of Use. Except where prohibited by law, by registering at the Momversation Website, you grant DECA and its Affiliates the universal and perpetual right and license to use, exploit, print, publish, reproduce, display, distribute and broadcast and to grant others the right and license to use, exploit, print, publish, reproduce, display, distribute and broadcast your name, actual or simulated likeness, photograph, image, voice, portrait, picture, personal characteristics, biographical information and other personal identification in any and all languages, formats, and media now known or hereafter developed, in connection with the operation of the Momversation Website and any and all related sweepstakes, advertising, promotion, marketing, and/or publicity thereof, including all ancillary and subsidiary rights therein, without additional consideration.
C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant DECA all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage DECA or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive (in each case, “Offensive Material”), or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate (in each case, “Offensive Conduct”); (iv) post advertisements or solicitations of business; or (v) impersonate another person.
You understand that when using the Momversation Website, you will be exposed to User Submissions from a variety of sources, and that DECA is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. Further, DECA does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and DECA expressly disclaims any and all liability in connection with User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that contain Offensive Material and/or Offensive Conduct. In this regard, any User who uses the Momversation Website, hereby releases and forever discharges DECA and its officers, directors, shareholders, members, owners, operators, licensors, licensees, parents, affiliates, associates, subsidiaries, predecessors, successors, assigns, agents, employees, insurers, partners, trustees, beneficiaries, representatives, attorneys, and all persons acting by and through, under or in concert with it, including parent companies, divisions, subsidiaries and affiliates (collectively, the “Released Parties”), of and from any and all manner of action or actions, cause or causes of action, in law or in equity, judgments, suits, debts, liens, contracts, agreements, guaranties, promises, liabilities, claims, demands, damages, losses, costs or expenses (including without limitation attorneys’ fees and disbursements), whether known or unknown, suspected or unsuspected, arising out of or related to such User’s use of the Momversation Website, a User Submission, a Posting, alleged violations of any contracts, express or implied, any covenant of good faith and fair dealing, express or implied, any obligation for compensation, any Offensive Material, any Offensive Conduct or other objectionable statements, intentional or negligent infliction of emotional distress, retaliation, or any other tort, or any federal, state or other governmental statute, regulation, rule, ordinance or other legal or equitable rights or remedies you have or may have against DECA with respect thereto (individually and collectively, a “Claim”), and agree to indemnify and hold DECA and the Released Parties harmless to the fullest extent allowed by law regarding all Claims.
DECA does not permit copyright infringing activities or infringement of intellectual property rights on its the Momversation Website, and DECA will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. DECA reserves the right to remove Content and User Submissions without prior notice. DECA will also terminate a User's access to its the Momversation Website, if that User is determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Momversation Website more than twice. DECA also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. DECA may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the information listed below in writing (see 17 U.S.C 512(c)(3) for further detail). Note further, pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the Momversation Website should be sent ONLY to our Designated Agent.
NOTE: The following information is provided solely for notifying the service providers referenced below that your copyrighted material may have been infringed.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY DECA, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Written notification must be submitted to the following Designated Agent:
Service Provider(s): DECA
Name of Agent Designated to Receive Notification of Claimed Infringement: Michael Wayne
Full Address of Designated Agent to Which Notification Should Be Sent:
1299 Ocean Avenue, Ste. 410, Santa Monica, California 90401
Telephone Number of Designated Agent: (310) 587-3535
Facsimile Number of Designated Agent: (310) 587-3533
E-mail Address of Designated Agent: momversation@deca.tv
Under Title 17, United States Code, Section 512(c) (3) (A), the Notification of Claimed Infringement must include the following:
(1) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
(2) Identification of the copyrighted work (or works) that you claim has been infringed;
(3) A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
(4) A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material;
(5) Your name, address, telephone number, and e-mail address;
(6) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(7) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Momversation customer service through momversation@deca.tv. You acknowledge that if you fail to comply with all of the requirements of this Section 8(D), your DMCA notice may not be valid.
E. DECA permits you to link to materials on the Momversation Website for personal, non-commercial purposes only. DECA reserves the right to discontinue any aspect of the Momversation Website at any time.
10. WEB COMMUNITIES, FORUMS AND POSTINGS
The Momversation Website may now, or in the future, contain forum services, web communities, and other message and communication facilities ("Communities") that may provide you and other Users an opportunity to submit, upload, post, display, transmit and/or exchange information, ideas, opinions, information, files, messages, transmissions and Content with other Users and/or with us and these are referred to in this Agreement as a "Post" or "Posting."
DECA reserves the right at all times, but does not have the obligation, to edit, refuse to post, or to remove any Posting, in whole or part, that DECA deems inappropriate for inclusion in the Communities, for any reason or for no reason. Communities are public and not private and you should assume your Postings may be read by others, with or without your knowledge or permission. Although a particular Community may have a policy of limited membership or access, DECA shall have no liability if unauthorized persons nevertheless obtain access to the Community. Your use of the Communities is at your own risk and you should not disclose or make available your personal information in any Posting or in any Community.
You use the Communities solely at your own risk and DECA neither endorses nor controls User Postings available, delivered or displayed in the Communities and DECA assumes no duty to monitor or endorse Postings within the Communities, nor does DECA represent or guarantee the truthfulness, accuracy or reliability thereof or that any Posting complies with the terms or conditions of this Agreement and you should never rely upon any Posting as being true, accurate or reliable.
You understand, acknowledge and agree that Postings originating from any User ID are the sole responsibility of the individual associated with that User ID. This means that you, and not the Momversation Website, are entirely responsible for the consequences of all your Postings on the Communities or otherwise on the Momversation Website. Postings do not reflect the views of DECA or any Affiliates. In no event shall DECA or any Affiliates have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; provided, however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Communities and the Momversation Website; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your account on the Momversation Website and/or the Communities.
If a Posting originates from you or your User ID, you hereby agree that:
(a) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorize the Momversation Website and Affiliates to use such Posting in whole or in part, throughout the universe, and you are automatically granting DECA and Affiliates a royalty-free, perpetual, irrevocable, unrestricted, unconditional, non-exclusive license to use, reproduce, modify, publish, edit, adapt, create derivative works from, translate, distribute, perform, display and otherwise exploit such Posting and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter developed or discovered, and to license and sub-license such rights through multiple tiers of sub-licenses, all without any notification or obligation to you, of compensation, attribution or otherwise;
(b) you represent and warrant that (i) the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortuous, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any law, regulation or other governmental requirement or restriction, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be damaging or injurious to DECA, any Affiliates or any User, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting;
(c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant DECA and Affiliates the right to use such Posting as described above; and
(d) we have the right to delete, re-format and/or change your Posting in any manner that we may determine (although you will not be responsible for any such changes made).
The amount of storage space on the Momversation Website per User is limited and some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or at all or as to any other matter relating to Postings. Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
11. ADVERTISING
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners ("Advertisers") as a result of or in connection with your use of the Momversation Website. All such communication, interaction and participation is strictly and solely between you and the Advertiser involved and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
12. PROMOTIONS
From time to time, DECA's, the Affiliates', or the Momversation Website's service providers, suppliers, and Advertisers may conduct promotions on or through the Momversation Website, including, without limitation, auctions, contests and sweepstakes ("Promotions"). Each Promotion may have additional Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement; provided, however, if there is any conflict between the Rules for any particular Promotion and these Terms of Use, the Rules shall govern for that Promotion.
13. RULES OF CONDUCT
Your use of the Momversation Website is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your User ID or as a result of your use of the Momversation Website. You shall not use, allow, or enable others to use the Momversation Website, or knowingly condone use of the Momversation Website by others, in any manner that is, attempts to, or is likely to:
- be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
- affect us adversely or reflect negatively on us, the Momversation Website, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Momversation Website, or from advertising, linking or becoming a supplier to us in connection with the Momversation Website;
- send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";
- be used for commercial or business purposes, without the prior written consent of DECA, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
- transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;
- forge any TCP/IP packet header or part of the header information in any e-mail or newsgroup posting for any reason;
- violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise;
- gain unauthorized access to the Momversation Website, other Users' accounts, names, User IDs, personally identifiable information or other computers, websites or pages, connected or linked to the Momversation Website or to use the Momversation Website in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
- modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Momversation Website or the rights or use and enjoyment of the Momversation Website by any other person, firm or enterprise; or
- collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Momversation Website, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
14. TERMINATION OF YOUR ACCOUNT
You may terminate your account and User ID, if any, at any time and for any reason, by sending an e-mail to momversation@deca.tv with your User name, password, and e-mail address and requesting termination of your account. We may terminate your use of and account on the Momversation Website, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
15. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE MOMVERSATION WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DECA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE MOMVERSATION WEBSITE AND YOUR USE THEREOF. DECA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE MOMVERSATION WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE MOMVERSATION WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE MOMVERSATION WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE MOMVERSATION WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE MOMVERSATION WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MOMVERSATION WEBSITE. DECA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MOMVERSATION WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DECA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
16. Limitation of Liability
IN NO EVENT SHALL DECA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER PERSONS CONSTITUTING A RELEASED PARTY, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MOMVERSATION WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT DECA SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY, OR ANY OFFENSIVE MATERIALS OR OFFENSIVE CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Momversation Website is controlled and offered by DECA from its facilities in the United States of America. DECA makes no representations that the Momversation Website is appropriate or available for use in other locations. Those who access or use the Momversation Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
17. Indemnity
You agree to defend, indemnify and hold harmless DECA and its Affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Momversation Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any Claims that User generated content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Momversation Website.
18. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DECA without restriction.
19. General
You agree that: (i) the Momversation Website shall be deemed solely based in California; and (ii) the Momversation Website shall be deemed a passive website that does not give rise to personal jurisdiction over DECA, either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and DECA that arises in whole or in part from the Momversation Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms of Use, together with the Privacy Policy at www.momversation.com/privacy-policy and any other legal notices published by DECA on the Momversation Website, shall constitute the entire agreement between you and DECA concerning the Momversation Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and DECA's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. DECA reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Momversation Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.
Last Updated: May 19, 2012
© 2012 Momversation. Momversation is registered in the U.S. Patent and Trademark Office. A DECA Company. All rights reserved.
Momversation and its affiliated parties neither endorse, nor are responsible for the accuracy or reliability of any opinion, advice or statement on the Momversation website located at https://www.momversation.com or contained in any video or other content distributed therefrom. Under no circumstances will Momversation or any of its affiliated parties be liable for any loss or damage caused by your reliance on content obtained through the Momversation website, including any postings on the community areas of the Momversation website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any such content. Please seek the advice of professionals, as appropriate, with respect to your evaluation of any specific content appearing on the Momversation website. For further information, please see the Terms of Use for the Momversation website.