YouBeMom Terms of Service
Welcome to the youbemom.com web site ("Web Site"). These are the general terms and conditions governing your access to our Web Site and software provided through or in connection with the Web Site ("Service"). By accessing or using the Service, you are agreeing to this Terms of Service Agreement (Agreement) and concluding a legally binding contract with YouBeMom Inc. (YouBeMom). Do not access or use the Service if you are unwilling or unable to be bound by this Agreement. This Agreement applies to all visitors, users, and others who access the Service ("Users").
Modifications to this Agreement
YouBeMom shall have the right, at its sole discretion, to amend the Agreement at any time with or without notice. Any changes to the Agreement shall be made effective immediately by updating this page and specifying the effective date of the new version of the Agreement. Your continued use of the Service, following the posting of a new version of the Agreement, constitutes your acceptance of any such changes. You agree to review the Agreement from time to time and agree that any subsequent use by you of the Service following changes to the Agreement shall constitute your acceptance of all such changes. This Agreement was last modified on February 11, 2011.
Disclaimer with Respect to Content
The Service contains a mix of text, images, photos, audio, video, other forms of data or communication provided by YouBeMom and it's Users ("Content"). While YouBeMom strives to keep the Content that it posts accurate, complete, and up-to-date, YouBeMom cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by YouBeMom, or by Users of the Service. Any opinions, advice, statements or other information expressed or made available by Users, are those of the respective User and not of YouBeMom. YouBeMom does not endorse and is not responsible for the accuracy or reliability of any Content provided by Users that is posted on or available through the Service.
YouBeMom does not have any obligation to prescreen, edit, or remove any such Content.
Notwithstanding the foregoing, YouBeMom will have the right (but not the obligation), in its sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content.
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) PROVIDED BY THE SERVICE IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID AND IS NEITHER MEDICAL NOR HEALTHCARE ADVICE FOR ANY INDIVIDUAL PROBLEM NOR A SUBSTITUTE FOR MEDICAL OR OTHER PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. NOTHING PROVIDED BY THE SERVICE IS INTENDED TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT. THE INFORMATION AND SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT NEITHER YOUBEMOM NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. YOUBEMOM AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON INFORMATION OR MATERIAL FROM THE SERVICE. YOUBEMOM CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION.
Modification or Suspension of the Service
The Service is provided on an "as is" and "as available" basis. YouBeMom does not make any warranty that the Service will meet your requirements, or that access to the Service will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. YouBeMom makes no warranties as to the results that may be obtained from the use of the Service or as to the accuracy, quality, or reliability of any information obtained through the Service. YouBeMom reserves the right, at its sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of the Service or any information contained thereon without liability or notice to you.
You agree to indemnify and hold harmless YouBeMom, and its directors, officers, or employees, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys' fees) directly or indirectly related to (1) your breach of the Agreement; or (2) the Content you submit, post, or transmit through the Service. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Service is used at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from YouBeMom or through the Service shall create any warranty not expressly made herein.
This Service is intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Service by anyone under 13 is unauthorized and in violation of this Agreement. YouBeMom may terminate your account, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason or no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13.
Representations Made and Rights Granted
You are responsible for all Content that you submit, post, or otherwise make available to or through the Service. By doing so, you represent and warrant to YouBeMom that such content is not confidential and that you have all necessary permission to submit, post and otherwise make available such Content.
YouBeMom makes no claims to ownership of Content that you submit, post or otherwise make available to or through the Service and you continue to retain all ownership rights to such Content and the right to use your Content as you determine. However, you do grant to YouBeMom nonexclusive, perpetual, fully sub-licensable, royalty-free right and license as delineated below.
With respect to Content that you submit, post or otherwise make available to public areas of the Service, the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such Content (in whole or part) worldwide via the Service or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed.
Ownership and Intellectual Property Rights
This Service is owned by YouBeMom. All right to, title to, and interest in the Content available via the Service, the Service's look and feel, the designs, trademarks, service marks, and trade names displayed on the Service, and the Service URLs, are the property of YouBeMom or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.
License to Use Content
YouBeMom grants you a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute Content retrieved from the Service only for your personal, noncommercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You may not use any Content available via the Service in any other manner or for any other purpose without the prior written permission of YouBeMom. All rights not expressly granted in this Agreement are expressly reserved to YouBeMom.
All trademarks, service marks, logos and designs used on this Service, whether registered or unregistered, are owned by YouBeMom or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by YouBeMom or its affiliates without our prior written consent.
Limitations of Liability
YOUBEMOM AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE SERVICE. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT YOUBEMOM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS.
ADDITIONALLY, IN NO EVENT WILL YOUBEMOM BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (2) THE STATEMENTS OR CONDUCT OF ANY USER ON THE SERVICE; OR (3) ANY OTHER MATTER RELATING TO THE SERVICE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT YOUBEMOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Either party may terminate the Agreement for any or no cause, at any time, by notice, which shall be effective immediately or as specified in the notice. After termination, you shall no longer access the Service. The provisions of this Agreement which by their intent or meaning intended to survive such termination shall continue to apply indefinitely.
If any provision of this Agreement is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of the Agreement shall continue in full force and effect. No waiver of any provision of the Agreement shall be deemed a further or continuing waiver of such provision or any other provision of the Agreement.