The following are the terms and conditions for use of MomSourceNetwork.com operated by MomSource (“MomSource”). This User Agreement applies to the MomSource Network Website and does not apply to the content of third parties.
The MomSource Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the MomSource Network Website constitutes your agreement to all such terms, conditions, and notices. Your use of a particular MomSource Network Website may also be subject to additional terms, codes of conduct or guidelines that govern use of those sites, including without limitation, particular features or offers (for example, contests or chat areas), and that are outlined on that MomSource Network Website (the “Additional Terms”).
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular MomSource Network Website then these terms shall control.
Click here to see the Privacy Statement for disclosures relating to the collection and use of your personal information.
If a particular MomSource Network Website or any product or service offered on any MomSource Network Website (each a “MomSource Site/Service”, and collectively “MomSource Web Sites/Services”) requires you to open an account, you must complete the registration process by providing MomSource with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify MomSource immediately of any unauthorized use of your account or any other breach of security. MomSource will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by MomSource or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
MomSource reserves the right to change the terms, conditions, and notices under which the MomSource Network Website/Services are offered, including but not limited to the charges associated with the use of the MomSource Network Website/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the MomSource Network Website/Services constitutes your agreement to all such terms, conditions, and notices.
Unless otherwise specified, the MomSource Network Website/Services are for your personal and non-commercial use. The content available through the MomSource Network Website/Services is the property of MomSource or its licensors and is protected by copyright and other intellectual property laws. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the MomSource Network Website/Services. You acknowledge that MomSource retains exclusive ownership of the MomSource Network Website/Services and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trademarks or trade secrets with respect to the MomSource Network Website/Services or their contents, and MomSource reserves all rights not expressly granted hereunder. Without the advance express written permission of MomSource, you may not “meta-search” the MomSource Network Website/Services, send, or cause to be sent, any automated queries of any sort to the MomSource Network Website/Services, or use the MomSource Network Website/Services in any commercial manner. “Automated queries” shall include but not be limited to using any software that sends queries to any MomSource Network Website/Services to determine how a web site “ranks” on any MomSource Network Website/Services.
Any dealings with third parties (including advertisers) included within the MomSource Network Website/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. MomSource shall not be responsible or liable for any part of any such dealings or promotions.
As a condition of your use of the MomSource Network Website/Services, you will not use the MomSource Network Website/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices or causes damage to any third party. You may not use the MomSource Network Website/Services in any manner that could damage, disable, overburden, or impair any MomSource Network Website/Service(s) (or the network(s) connected to any MomSource Network Website/Service(s)) or interfere with any other party’s use and enjoyment of any MomSource Network Website/Service(s). You may not attempt to gain unauthorized access to any MomSource Network Website/Service, other accounts, computer systems or networks connected to any MomSource Network Website/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the MomSource Network Website/Services.
The MomSource Network Website/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
MomSource has no obligation to monitor the Communication Services. However, MomSource reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. If you are aware of misuse of the MomSource Network Website/Services, please contact email@example.com.
MomSource reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
MomSource reserves the right at all times to disclose any information as MomSource deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MomSource’s sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. MomSource does not control or endorse the content, messages or information found in any Communication Service and, therefore, MomSource specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized MomSource spokespersons, and their views do not necessarily reflect those of MomSource.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
MomSource does not claim ownership of the materials you provide to MomSource (including feedback and suggestions) or post, upload, input or submit to any MomSource Network Website/Service or its associated services for review by the general public, or by the members of any public or private community (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission, you are granting MomSource, its affiliated companies and necessary sublicenses permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all MomSource Network Website/Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a MomSource Network Website/Service.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this User Agreement including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
In connection with your Submissions, you agree that you will not submit material unless you are the owner of the copyrights, applicable trade secrets or other proprietary rights and any other rights including, with out limitation, rights of privacy or publicity, or you have permission from the rightful owner of such rights to post the material and to grant MomSource all of the licenses and rights required to be granted herein.
You further agree that you will not, in connection with Submissions, submit material that is inappropriate (see the descriptions in Use of Services) or contrary to applicable law or regulations.
Notice: If you are the owner of a copyright or other proprietary rights or an agent thereof and believe that any Submission or other content infringes upon your rights, you may submit a notification by providing us with the following information in writing:
MomSource’s designated agent to receive notifications of claimed infringement is Courtney Jones. For clarity, only infringement claim notices should go to the above address. You acknowledge that if you fail to comply with all of the requirements of this User Agreement, your notice may not be valid.
Counter-Notice. If your Submission was removed and you believe it was not infringing or offensive, you may send a counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received, MomSource may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content 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 MomSource’s sole discretion.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MOMSOURCE WEB SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE MOMSOURCE WEB SITES/SERVICES AND TO THE INFORMATION THEREIN. MOMSOURCE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MOMSOURCE WEB SITES/SERVICES AT ANY TIME, ADVICE RECEIVED VIA THE MOMSOURCE WEB SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. MOMSOURCE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE MOMSOURCE WEB SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. MOMSOURCE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT MOMSOURCE SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A MOMSOURCE SITE/SERVICE. YOU SPECIFICALLY AGREE THAT MOMSOURCE IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT MUSICIODAY IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A MOMSOURCE SITE/SERVICE BY ANY THIRD PARTY.
You agree that MomSource may establish limits concerning use of any MomSource Service offered on an MomSource Network Website, including without limitation the maximum number of days that e-mail messages will be retained by any MomSource Network Website, the maximum number of e-mail messages that may be sent from or received by an account on any MomSource Network Website, the maximum size of an e-mail message that may be sent from or received by an account on any MomSource Network Website, the maximum disk space that will be allotted on MomSource’s servers on your behalf, and the maximum number of times and duration you may access any MomSource Service in a given period of time.
You agree that MomSource has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any MomSource Service. You acknowledge that MomSource reserves the right to log off accounts that are inactive for an extended period of time.
MomSource reserves the right, in its sole discretion, to terminate your access to any or all MomSource Network Website/Services and the related services or any portion thereof at any time, without notice.
MomSource may also terminate or suspend your access to MomSource Network Website/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by MomSource. Upon termination of the MomSource Network Website/Service, your right to use the MomSource Network Website/Service Immediately ceases.
MomSource shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
MomSource will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay MomSource liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay MomSource’s actual damages, to the extent such actual damages can be reasonably calculated.
Some contents and/or services on the MomSource Web Sites/Services may be offered to you conditioned on your purchase of a subscription or a membership (collectively, a “Subscription”). If you elect to purchase Subscription-based content/services and transmit to MomSource a Subscription purchase request, you warrant that all Information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all Subscription fees you incur plus all applicable taxes. Your Subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including without limitation your co-workers. Any distribution by you of your account name and password may result in cancellation of your Subscription without refund and in additional charges based on unauthorized use.
This agreement is governed by the laws of the state of Tennessee, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Knoxville, Tennessee, U.S.A, in all disputes arising out of or relating to the use of the MomSource Network Website/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MomSource as a result of this agreement or use of the MomSource Network Website/Services. You agree to indemnify and hold MomSource, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the MomSource Network Website/Services. MomSource reserves the right to disclose any personal information about you or your use of the MomSource Network Website/Services, including its contents, without your prior permission if MomSource has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of MomSource or Its affiliated companies; (3) enforce the User Agreement; or (4) act to protect the interests of its members or others. MomSource’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MomSource’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the MomSource Network Website/Services or information provided to or gathered by MomSource with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MomSource with respect to the MomSource Network Website/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MomSource with respect to the MomSource Network Website/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.