Terms of Use

BEING A MOM TERMS OF SERVICE

THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://BEINGAMOM.LIFE/ (THE “SITE”) AND THE SERVICES OFFERED BY BEING A MOM (“BAM” AND COLLECTIVELY WITH THE SITE, THE “SERVICE”). BY USING THE SITE OR SERVICE YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITE OR SERVICE.

Acceptance of Terms

By registering for and/or using the Service in any manner, including but not limited to visiting or browsing the Site, you agree to all of the terms and conditions contained herein (the “Terms of Use”), which terms also incorporates BAM’s Privacy Policy http://beingamom.life/privacy-policy/ and all other operating rules, policies and procedures that may be published from time to time on the Site by BAM, each of which is incorporated by reference and each of which may be updated by BAM from time to time with notice to you (the “Policies”). In addition, some services offered through the Site may be subject to additional terms and conditions of BAM from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

Purpose

BAM is a Site providing and sharing both original and user-generated content about a variety of experiences related to motherhood.

Electronic Communications

When you visit this site, send emails to BAM or request information via email or other mobile device, you are communicating with us electronically and consenting to receive communications electronically.  This consent also includes receiving Notices posted to this Site electronically.

Access

Subject to these Policies, BAM may offer to provide the Service, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services BAM performs for you authorized by BAM, as well as the offering of any materials displayed or performed on or through the Site or the Services (including Content (as defined below)).

Eligibility

The Service is available only to individuals who are at least 18 years old. You represent and warrant that you are of legal age to form a binding contract, and that all information you submit is accurate and truthful. BAM may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

Modification of Terms of Service

BAM reserves the right, at its sole discretion, to modify or replace any of the Terms of Use at any time by posting a notice on the Site or by sending you an email. BAM reserves the right, at its sole discretion to modify, replace, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time with or without notice to you. BAM may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Policies or law. The Service (including, without limitation, any Content (as defined below)) is provided for the private use of the users who have registered and/or visitors to the Site. You are responsible for all of your activity in connection with the Service. For purposes of the Terms of Use, the term “Content” includes, without limitation, any text, including editorials, reviews, and/or recollections, photographs, audio files, video files, or other visuals, information, data, text, software, scripts, and interactive features generated, provided, or otherwise made accessible by BAM or its partners on or through the Site.

You shall not, as determined in BAM’s sole discretion: (i) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (ii) bypass any measures BAM may use to prevent or restrict access to the Service; (iii) share or otherwise allow another’s access to your Account, or share the materials downloaded from the Site; or (iv) use manual or automated software, devices, or other processes to “crawl,” “spider” or in any other way “scrub” any page of the Site.

You shall not in any way: (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service; (ii) modify, translate, or otherwise create derivative works of any part of the Site; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

BAM does not guarantee that any Content will be made available on the Site or through the Service. BAM has no obligation to monitor the Site, Service or Content.

BAM, in its discretion, reserves the right to remove, edit or modify any Content from the Site or Service at any time, without notice to you and for any reason, or for no reason at all.

Third Party Sites and Services

The Site may link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under BAM’s control, and you acknowledge that BAM is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by BAM or any association with its operators. You further acknowledge and agree that BAM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

As well, any website linked to BAM may or may not be affiliated with BAM.  It is up to you to make an independent decision regarding your interaction or communication with such website.  As such, you hold BAM free from liability and responsibility when communicating or interacting with such websites.

Information contained in any and all reviews posted to the Service of third parties is for informational purposes only.  BAM does not assume any responsibility or liability for reliance on such reviews.  BAM welcomes all comments and will review comments, but does not guarantee that such comments will be reflected in those reviews.  Please send your comments to info@beingamom.life.

Content and License

You agree that the Site contains Content specifically provided byBAM and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Site. Specifically, BAM and its logo is a trademark BAM as well as the text, graphics, website design, software, functionality, etc. is subject to copyright protection by BAM.

BAM grants each user of the Site a limited, non-exclusive, non-sublicensable and non-transferable license to use the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from BAM. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

User Submissions

User Submissions to the Service are voluntary and uncompensated. You acknowledge and agree that any and all submissions to the Service were done for no compensation by BAM, monetary or otherwise, waive any and all rights to compensation, and will not seek compensation in any form in the past, present or future.

Users Submissions may be in the following categories.
  • Speak Your Mind/Mom Says…: Users may submit quotations to BAM in the form of affirmations of motherhood or in some other way relate to being a mom.
  • Blog posts: Users may submit/post text with images on BAM that relate stories of being a mom or in some other way is related to the goals and purpose of BAM as related through this Terms of Use and elsewhere on the Service.
  • Advertising: BAM encourages both moms with small businesses and bigger brands selling products of interest to our Users to advertise on the Service. All advertisements are managed by the Service, though this does not mean BAM necessarily endorses nor is associated with the business or products being advertised.
Speak Your Mind/Mom Says…

BAM encourages you to Speak Your Mind.  User Submissions can take the form of text, graphic images, video, and audio files.  All User Submissions are voluntary.  If you choose to submit something (including any User generated content, ideas, concepts, techniques and data) you warrant that this is your original work or you have the rights to the User Submission.

By submitting to BAM you must grant, and you actually grant through this Agreement, a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty free right to BAM to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to BAM, without any further consent, notice and/or compensation to you or to any third parties.

By submitting any information to BAM, you represent and warrant that such submission is not illegal, obscene, threatening, defamatory, invasive of any third party’s privacy, infringing of any third party’s intellectual property rights, or otherwise injurious to third parties or objectionable.  You also represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights. You further agree to inform BAM in the event that any such information has changed since your submission to the Service.

BAM exercises no control over any content you or others submit while using the Service. BAM has no obligation to verify the identity of any Users when they are connected to the Service or to supervise the content that has been provided by Users. Should you believe that someone is misusing or otherwise misappropriating your information, you must immediately inform BAM at info@beingamom.life.  BAM reserves the right, but not the obligation, to remove or edit such content.  BAM does not regularly review posted content.  BAM takes no responsibility and assumes no liability for any content posted by you or any third party.

Information you reveal on the Site and Service is at your own discretion and is considered published to the public.  It is encouraged that you not communicate to BAM and its Users any information the dissemination of which could be harmful to you.

If you believe that any User Submissions on the Service violate any policies stated in the Terms or anywhere else on the Site, please send your concerns to info@beingamom.life.  While BAM welcomes and reviews all concerns, BAM does not guarantee that such concerns will be reflected in those User Submissions.

Product Reviews

Descriptions of, reviews of or references to products, services or publications within the Service does not imply endorsement of that product, service or publication. BAM attempts to be as accurate as possible. However, BAM does not warrant that product descriptions, reviews or other content of this Service is accurate, complete, reliable, current, or error-free.

Product reviews on BAM are from our members who have elected to post a review on the Service. As such, these reviews are informative for those wishing to use them, but they do not guarantee any level of performance by a merchant or other third party in any given transaction.

Advertisements

The Service may contain advertisements for other businesses. Any and all interaction with the businesses advertised through the Service is done at your own risk. These other websites are not under BAM’s control, and you acknowledge that BAM is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such businesses or resources advertised. The inclusion of any such advertisement does not imply endorsement by BAM or any association with its operators. You further acknowledge and agree that BAM shall not be responsible or liable, directly or indirectly, for any dissatisfaction, damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available by or through any business advertised anywhere on the Service.

If you believe that any business advertised on the Service or any advertisement on the Service violates any policies stated in the Terms or anywhere else on the Site, please send your concerns to info@beingamom.life.  While BAM welcomes and reviews all concerns, BAM does not guarantee that such concerns will be reflected in those advertisements.

 Intellectual Property Rights

BAM respects copyright laws and the intellectual property rights of others.

Site Content, Software and Trademarks: You acknowledge and agree that the Site and Service may contain content (“Site Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by BAM, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Site Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Site Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Site and Service or distributed in connection therewith is the property of BAM, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by BAM.

The BAM name and logos are trademarks and service marks of BAM (collectively the “BAM Trademarks”). Other BAM, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to BAM. Nothing in this Terms of Use or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of BAM Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of BAM Trademarks will inure to our exclusive benefit.

Third Party Material: Under no circumstances will BAM be liable in any way for any content uploaded by third parties or at the direction of users, including, but not limited to, for 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 uploaded or emailed via the Service. You acknowledge that BAM does not pre-screen content, but that BAM and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, BAM and its designees will have the right to remove any content that violates these Terms of Use or is deemed by BAM, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Site Content or any other related content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content Transmitted Through the Site and Service: You are solely responsible for the content and other materials you upload through the Service or share with other users or recipients (collectively, “User Content”). User Content includes, but is not limited to, any text, photographs, videos, audio clips, comments, links, software, scripts, graphics, and interactive features made accessible through BAM on or through the Service. You will not upload any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. You affirm and warrant that you are the rights holder or are properly licensed to use any and all User Content. By uploading any User Content you hereby grant and will grant BAM and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site (“Submissions”), provided by you to BAM are non-confidential and BAM will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. When you delete your Submissions, they will be removed from the Site. However, you understand that any removed Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your Submissions.

You acknowledge and agree that BAM may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of BAM, its users and the public. You understand that the technical processing and transmission of the Site, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You acknowledge and agree that any and all User Content, User Submissions, Submissions, as well as any other submissions and contents posted to Facebook or other third party sites are beyond the control of BAM and are subject to the Terms of Use and removal policies of that site.

Copyright Complaints: BAM respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify BAM of your infringement claim in accordance with the procedure set forth below.

BAM will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to BAM’s Copyright Agent at: info@beingamom.life

Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

  • your physical or electronic signature;
  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, BAM will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it 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 our sole discretion.

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, BAM has adopted a policy of terminating, in appropriate circumstances and at BAM’s sole discretion, users who are deemed to be repeat infringers. BAM may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Termination

BAM may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your registration. If you wish to terminate your subscription to the mailing list and any/all updates, you may do so by following the instructions on the Site.

Warranty Disclaimer

BAM has no special relationship with or fiduciary duty to you. BAM has no control over, and no duty to take any action regarding: which users gains access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release BAM from all liability for you having acquired or not acquired Content through the Service. While we try to tailor third party content to our audience, the Service may contain, or direct you to websites containing information that some people may find offensive or inappropriate. BAM makes no representations concerning any Content contained in or accessed through the Service, and BAM will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.

BAM DOES NOT WARRANT OR GUARANTEE ANY RESULTS FOR ANY ASPECTS OF YOUR PROFESSIONAL OR PERSONAL LIFE, FOR WHICH YOU USE THIS SERVICE, INCLUDING BUT NOT LIMITED TO YOUR CAPACITY AS A USER, VIEWER, BLOGGER, AND/OR ADVERTISER.  THERE IS NO IMPLIED SUCCESS IN UTILIZING THE SITE AND SERVICE OF BAM AND BAM WILL NOT BE HELD LIABLE FOR ANY RESULT, PROFESSIONAL OR PRIVATE, FOR WHICH YOU USE THE MATERIAL OR USE THE SERVICE FOR PROMOTION PURPOSES.

THE SITE AND SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. BAM, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SITE AND SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SITE AND SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SITE AND SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SITE AND SERVICE IS SOLELY AT YOUR OWN RISK.

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE: BAM TAKES EVERY MEASURE TO ENSURE THE SECURITY OF THE SITE AND SERVICE, BUT GIVEN THE NATURE OF THE INTERNET, MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED THROUGH THE SERVICE OR STORED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE.

Indemnification

You shall defend, indemnify, and hold harmless BAM, its affiliates and each of its affiliate’s employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site, the Service, Content, your violation of the Terms of Service, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. BAM reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with BAM in asserting any available defenses. 

Limitation of Liability

IN NO EVENT SHALL BAM, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SITE: (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) USER’S PAYMENTS FOR THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

AS A REVIEW/COMMENT-ORIENTED SITE, YOU UNDERSTAND AND RELEASE BAM FROM ANY LIABILITY FOR THE REVIEWS, COMMENTS, RANKINGS, AND ANY AND ALL OTHER COMMUNICATIONS POSTED ON THE BAM SITE BY ANY AND EVERY THIRD PARTY, INCLUDING BUT NOT LIMITED TO SUCH ACTIONS AS DEFAMATION, INFRINGEMENT, ANY CRIMINAL ACTIVITY, AND ANY DAMAGES RESULTING THEREFROM.

Dispute Resolution

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The Terms of Use shall be enforced, governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America.  For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the courts located in Massachusetts.

Integration and Severability

The Policies are the entire agreement between you and BAM with respect to the use of the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and BAM with respect to the Service. If any provision of the Policies is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Policies will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Assignments and Transfers

The Policies are personal to you, and are not assignable, transferable or sublicensable by you except with BAM’s prior written consent. BAM may assign, transfer or delegate any of its rights and obligations hereunder without consent.

Non-creation of Legal Relationships

No agency, partnership, joint venture, employment, or independent contractor relationship is created as a result of the Policies and neither party has any authority of any kind to bind the other in any respect.

Notifications

All notices under the Policies will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

 Miscellaneous

BAM shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond BAM’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).

Contact

You may contact BAM at the following address: info@beingamom.life