The following describes MOMSTRIBUTE’s requirements for using our software, services, Web sites, and mobile services:
• You agree to provide accurate information
• You agree to use our services in an ethical, responsible, and lawful manner
• You are responsible for your password and user ID, and you need to keep track of who is using your account
• MOMSTRIBUTE respects intellectual property rights, requires our users to do the same, and has a mechanism in place to respond to the concerns of copyright holders
PLEASE READ THE COMPLETE AGREEMENT THAT FOLLOWS:
Payment Options. Most purchases of Premium Subscriptions through the Site, Software, or Services, or through our designated third party payment provider, will require a valid, accepted, credit card or other payment method that we, or our designated third party payment provider, as applicable, in our or their sole discretion, elect to accept as payment.
Payment Terms. For purchases of Premium Subscriptions through the Site, Software, or Services, you authorize us, or our designated third-party payment providers, to charge the credit card or other accepted payment method you designate in the amount specified in connection with the transaction. If you desire to designate a different form of payment, or if there is a change in your payment information, you must update your user account or your account with our designated third party payment provider, as applicable, to reflect such change. You may experience temporary disruption of your access to the Site, Software, or Service while we are verifying new payment information. If you transmit to us, or one of our designated third-party payment providers, a purchase request, you warrant that your use of the particular credit card or other accepted payment method is authorized and that all information that you submit to us, or our designated third-party payment provider, is true and accurate (including, without limitation, your credit card number, expiration date, and other account information), and you agree to pay all fees you incur.
Changes in the Amount Authorized. If the amount to be charged to you varies from the amount you previously authorized (other than due to the imposition or change in the amount of Sales Taxes, if any), we, or our designated third party payment provider, as applicable, shall provide notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. You agree that we, or our designated third party payment provider, as applicable, may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Auto-Renewal; Cancellation of Premium Subscriptions. Unless cancelled as described above, your Premium Subscription, if any, will be automatically extended for successive renewal periods of the same duration as the Premium Subscription term originally selected by you. You may prevent the renewal of your Premium Subscription at any time during the term of Premium Subscription, including any renewal period, by contacting our designated third party payment provider, as applicable.
Free Trials and Other Promotions. Any free trial or other promotion that provides premium subscriber-level access to the Site, Software, or Service, if any, must be used within the specified time of the free trial or promotion, or if not specified, within six (6) months from the start of the free trial or promotion. At our discretion, we may allow you to continue access to the Site, Software, or Service following the end of the free trial or other promotion, provided that we may change the terms (including whether or not such Site, Software or Services display advertising) and/or fees associated with such access, and at such time, you will be required to elect either to accept such fees or terms or to elect either to accept such fees or terms or your account will be reverted to a MOMSTRIBUTE standard account. You may be required to cancel your Premium Subscription before the end of the free trial period or promotional period in order to avoid being charged the then-current, non-promotional Premium Subscription rate and being subject to any new terms. If you cancel prior to the end of the free trial period or promotional period and are inadvertently charged for a Premium Subscription, please contact our designated third party payment provider to have the charges reversed.
Payments Made Through Partners. The payment methods that we elect to accept for purchase may include one or more payment methods offered by a business partner of MOMSTRIBUTE (“Partner”), in which case your payment may be made directly to the Partner and not to us. In such cases, the Partner will be responsible for your payment, including cancellations and refunds, and the terms and conditions associated with your payment will be as set forth in the agreement between you and the applicable Partner.
Currency. Unless otherwise stated, all fees and charges are quoted and must be paid in U.S. Dollars. Purchases made in currency other than U.S. Dollars shall be made at the exchange rate designated in your agreement with your credit card or other acceptable payment method provider.
Taxes. Your purchases may be subject to applicable sales tax, use tax, value added tax, or other similar taxes, duties, or tariffs (collectively, “Sales Taxes”). In the event that Sales Taxes apply, we, our designated third party payment provider, or a Partner, as applicable, will collect the required Sales Taxes from you and remit it to the applicable tax authorities. Under most circumstances, the applicability of Sales Taxes will be determined by the residence of the person or entity making the purchase. We will not be responsible for any taxes on net income, or other taxes, duties, or tariffs associated with your acquisition, purchase, or possession of Premium Subscriptions, except for Sales Taxes as described in this section or as required by applicable law.
You own all right, title and interest (including all intellectual property rights) in your User Content (including, without limitation, all rights to the audio, video, or digital recording, and the performance contained in your User Content) or, alternatively, you have acquired all necessary rights in your User Content to enable you to grant the rights in your User Content described herein;
You have already paid, and you will be solely responsible for paying (to the extent any later become due) all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Site.
You are the individual pictured and/or heard in your User Content, or, alternatively, you have obtained permission from any and all individuals (including consent from parents or guardians for any individual under the age of eighteen (18)) who appear and/or are heard in your User Content to grant the rights described herein;
You shall make such permissions available to MOMSTRIBUTE and its Partners upon request; Your User Content does not infringe the intellectual property rights, privacy, or any other legal or moral rights of any third party; and You agree to keep all records necessary to establish that your User Content does not violate any of the foregoing representations and warranties and to make such records available upon the request of MOMSTRIBUTE. You acknowledge that your consideration for the rights you grant under these Terms and Conditions in and to your User Content is, among other things, the tools and functionality provided for your use on the Site and the possibility of MOMSTRIBUTE or its Partners (or any of them individually) review or use of your User Content. You will not receive any further compensation of any kind for your User Content and you will not receive credit on or in association with the User Content. Your Public Content will not be acknowledged, returned or held “in confidence” by MOMSTRIBUTE or its Partners. We and our Partners reserve the right in their respective sole discretion to remove or not post any User Content, for any reason. We and our Partners have no obligation to inform you of any decision to remove or not post such materials.
MOMSTRIBUTE is a registered trademark of MOMSTRIBUTE, Inc. in the USA. MOMSTRIBUTE Central and the MOMSTRIBUTE logo are trademarks of MOMSTRIBUTE, Inc. in the USA. All graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of MOMSTRIBUTE, Inc. Any trademarks not owned by MOMSTRIBUTE, Inc. that appear on the Site or the Software are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MOMSTRIBUTE, Inc. All content and compilation thereof on the Site or the Software, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, and the Software, is the property of MOMSTRIBUTE, Inc., its licensors, or its product suppliers, and is protected by United States and international copyright laws. No material, including, but not limited to, the material listed above, should be reproduced or used without our express written permission.
Subject to the terms of this Agreement, we grant to you a limited, personal, non-exclusive, non-transferable license to install and use one copy of the Software on an unlimited number of personal computers solely to use the Service to the extent you have the right to access the Service. Your right to access the Service will be limited by the terms of this Agreement. Except for this license granted to you, we retain all right, title, and interest in and to the Software, including all related intellectual property rights. The Software is protected by applicable intellectual property laws, including United States copyright law and international treaties. Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Software; (b) rent, lease, or sublicense the Software; nor (c) circumvent or disable any security or technological features or measures in the Software. When you post Public Content, you hereby grant (or warrant that the owner of the Content grants) us a royalty-free, perpetual, irrevocable, fully sublicensable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, display, delete (in whole or in part), and incorporate the Public Content for any purpose and without acknowledgement to you. By posting or providing Public Content, you represent and warrant that public posting and use of your Public Content by us will not infringe on or violate the rights of any third party.
The Services are for the personal use of members. You agree not to use the Site, the Software, or the Services to:
Upload, post, send email to, or otherwise transmit any Public Content that contains personally identifying information (such as actual names, phone numbers, mailing addresses, email addresses, and URLs), or any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
Harm minors in any way;
Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
Upload, post, send email to, or otherwise transmit Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post, send email to, or otherwise transmit Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party;
Upload, post, send email to, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, links, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation;
Upload, post, send email to, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
Interfere with or disrupt the Services, Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
Intentionally or unintentionally violate any applicable local, state, national, or international law, “stalk” or otherwise harass another, or collect or store personal data about other users;
Use any automated means to access the Site or the Services or collect any information from the Site or the Services (including, without limitation, robots, spiders, or scripts); or
Frame the Site or the Services, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you must not engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information.
The Software contains a feature that allows it to automatically update to incorporate new versions of the Software. If you interrupt or disable this feature, your copy of the Software may not operate correctly. The Software may contain a feature that is used to automatically disable the Software to ensure that you do not use the Software longer than the term of your license to use the Software or your subscription to use the Services. You acknowledge that upon the expiration of your license to use the Software, and if MOMSTRIBUTE has not granted you an extension, the Software may cease to function in some or all respects, and you may lose access to the Services and data made with or stored using the Software. You acknowledge that the disabling of the Software is a key feature of the license rights and responsibilities conveyed under this Agreement.
The Site, the Services (including all Content), and the Software are provided “as is”; MOMSTRIBUTE makes no representations or warranties of any kind with respect to the Software, the Services, the Content, the Site, or any contents therein. MOMSTRIBUTE assumes no liability or responsibility for any errors or omissions in providing the Software, the Services, the Site, or the Content, any losses or damages arising from the use of the Content, or any conduct by users of the Site. MOMSTRIBUTE expressly disclaims all representations and warranties relating to the software, the services, the content, and the site, including but not limited to, warranties of merchantability, fitness for a particular purpose, quality, accuracy, authenticity, title and non-infringement. In addition, MOMSTRIBUTE does not represent or warrant that the information on or accessible via the Site or through the Services is complete or current.
From time to time, MOMSTRIBUTE may post, publish, distribute, present for download or otherwise make available Beta versions or portions of its Site, Service or Software (“Beta Software”) for public use. Beta Software may be identified as Beta, Beta 2, Beta 3, or Public Beta in the Site, Service or Software. Beta Software is available to the public for testing and evaluating purposes as part of the software development process. As a user of Beta Software you are encouraged, but not required, to identify potential errors and improvements (“Feedback”). You hereby grant MOMSTRIBUTE the unrestricted right to use your Feedback, including the right to use your Feedback to improve the Software, Site or Service and to create other products and services. There are risks associated with using Beta Software. Beta Software has not yet been tested like other commercially released software that you may use. Therefore, it is likely that the Software will contain errors, including errors that may cause the Software or your computer to malfunction or cause a loss of data. If you do not wish to accept these risks, please do not install or use the Beta Software. Furthermore, MOMSTRIBUTE is not obligated to correct errors or correct the effects of errors (e.g., fix your computer or recover lost data) or provide any technical support related to use of Beta Software.
Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
The Site, Software and Services display advertisements. We may provide, or third parties may provide, links to other Web sites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. MOMSTRIBUTE IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE. Your correspondence or business dealings with, or participation in promotions of, other users, advertisers, or partners found on or through the Site or the Services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such user, advertiser, or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site or the Services.
In the event that you have a dispute with one or more users of the Site or the Services, you release MOMSTRIBUTE (and our officers, directors, agents, subsidiaries, parent corporation, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
MOMSTRIBUTE respects the intellectual property rights of others, and requires that the people who use the Software, the Site and the Services do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on the Site or the Services in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
Your name, address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act OF 1998 (“DMCA”) is:
MOMSTRIBUTE, Inc. 4000 PIMLICO DRIVE SUITE 114-180 PLEASANTON, CA 94588 Attn: Copyright Infringement
After receiving a claim of infringement, we will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to such material.
Upon receipt of a proper counter notification under the DMCA, we will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that we will replace the removed material or cease disabling access to it in 10 business days. Unless our designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on the Site or the Services, we will replace the removed material and cease disabling access to it.
You may provide us with a counter notification by providing our copyright agent the following information in writing:
Your physical or electronic signature;
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;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which we may be found and that you will accept service of process from the person who provided the initial notification of infringement.
You may not export or re-export the Software without (a) the prior written consent of MOMSTRIBUTE; and (b) complying with applicable export control laws and obtaining any necessary permits and licenses.