1. DESCRIPTION OF SERVICE
Modern Baby provides you with blog posts about a variety of women’s and parenting topics.
2. ACCEPTANCE OF TERMS
The Agreement outlines the legally binding terms for your use of the Modern Baby website. Modern Baby reserves the right to modify this Agreement from time to time, for any reason, without notice and such modifications will be made available on our website. Use of the Modern Baby website constitutes (1) acknowledgement by you of Modern Baby’s modifications, and (2) an agreement by you to abide and be bound by the Agreement and its modifications.
4. USER CONDUCT AND RESPONSIBILITIES
Your use of the Modern Baby website is subject to all applicable local, state, national and international laws and regulations. You agree: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Modern Baby website; (2) not to use the Modern Baby website for illegal purposes; (3) not to interfere or disrupt networks connected to the Modern Baby website; and (4) to comply with all regulations, policies and procedures of networks connected to the Modern Baby website. You agree not to transmit through or post to the Modern Baby website any unlawful, unauthorized, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit or post any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. You shall not interfere with another user’s use and enjoyment of the Modern Baby website or another entity’s use and enjoyment of similar services.
1. Automated Querying Prohibited
You may not submit automated queries to the Modern Baby website. Any query sent to Modern Baby by an automated agent such as a software process that is capable of submitting queries without direct human intervention will represent a violation of this Agreement.
2. Commercial Use is Prohibited
The Modern Baby website is made available for your personal, non-commercial use only. You may not use the Modern Baby website to sell products or services or drive traffic to your website for commercial reasons. You may not resell, reuse, repurpose or reformat any content from the Modern Baby website. If you would like to make use of the Modern Baby website for commercial purposes, you must enter into an appropriate agreement with Modern Baby in advance.
3. User Responsibilities
You are responsible for obtaining access to the Modern Baby website and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Modern Baby website.
4. Representations and Warranties
You represent and warrant that any materials you transmit through the Modern Baby website are free of libel or other unlawful material, including matter that may be construed as invasion of privacy, violation of a right of publicity, a copyright, a patent, or a trademark infringement, and/or theft of trade secret or any other right of a person or party and that all necessary licenses and consents have been obtained for unrestricted use on the Web. You also represent and warrant that you are 13 years or older; Modern Baby reserves the right to suspend or terminate your use of the Modern Baby website if Modern Baby has reason to believe that you are younger than 13 years.
You agree to indemnify and hold Modern Baby, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including attorneys’ fees, made by any third-party due to or arising out of your use of the Modern Baby website or your violation of this Agreement, including breach of the representations and warranties you made above.
5. SUSPENSION, TERMINATION
If you violate any of the terms in this Agreement, Modern Baby may suspend or terminate your use of the Modern Baby website.
6. MODIFICATION OR REMOVAL OF CONTENT
Modern Baby reserves the right to modify or remove, at its discretion, any content posted by you to the Modern Baby website.
8. COPYRIGHTS AND TRADEMARKS
All contents on the Modern Baby website are: Copyright ©; 2009 Modern Baby or its partners. All rights reserved. Modern Baby and the Modern Baby logo are trademarks of Modern Baby. All other trademarks are property of their respective companies. All trademarks and registered trademarks are protected by US and international trademark laws.
9. MODIFICATIONS TO OR DISCONTINUATION OF SERVICE
Modern Baby reserves the right to modify or terminate any Modern Baby website with or without cause at any time and effective immediately. Modern Baby shall not be liable to you or any third party for termination. Should you object to any terms and conditions of the Agreement or any subsequent modifications thereto or become dissatisfied with the Modern Baby website in any way, your only recourse is to immediately discontinue use of the Modern Baby website. Upon termination of the Modern Baby website, your right to use the services immediately ceases. You shall have no right and Modern Baby will have no obligation thereafter.
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Modern Baby may broadcast notices or messages through its website to inform you of changes to the Agreement, the website, or other matters of importance. Such broadcasts shall constitute notice to you.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
* THE MODERN BABYWEBSITE, AND ALL CONTENT AND SERVICES INCLUDED IN THE MODERN BABYWEBSITE ARE PROVIDED ‘AS IS,’ WITH NO WARRANTIES WHATSOEVER.
* EXCEPT AS EXPRESSLY SET FORTH ON OUR SITE, MODERN BABYAND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
* MODERN BABYAND ITS LICENSORS MAKE NO WARRANTY OR REPRESENTATION REGARDING (i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MODERN BABYWEBSITE, (ii) THE CURRENCY, ACCURACY, QUALITY, CONTENT, COMPLETENESS, LEGALITY, OPERABILITY, AVAILABILITY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE MODERN BABYWEBSITE, (iii) THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL, OR (iv) THAT THE MODERN BABYWEBSITE WILL MEET ANY OF USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
* USE OF THE MODERN BABYWEBSITE IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MODERN BABYWEBSITE IS AT YOUR OWN DISCRETION AND RISK AND 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 MODERN BABYOR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
12. LIMITATION OF LIABILITY
MODERN BABYASSUMES NO RESPONSIBILITY OVER WHETHER THE CONTENT SUBMITTED BY OTHER USERS OR THIRD PARTIES IS QUESTIONABLE, UNINTENDED, OR OBJECTIONABLE. UNDER NO CIRCUMSTANCES SHALL MODERN BABYOR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF YOUR USE OR MISUSE OF OR RELIANCE ON THE MODERN BABYWEBSITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF MODERN BABYOR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE MODERN BABYWEBSITE, FROM INABILITY TO USE THE MODERN BABYWEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE MODERN BABYWEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MODERN BABYWEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE MODERN BABYWEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE MODERN BABYWEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE MODERN BABYWEBSITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE MODERN BABYWEBSITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE MODERN BABYWEBSITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
13. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
1. Entire Agreement
2. Headings, Titles
3. Waiver and Severability of Terms
4. Statute of Limitations
You and Modern Baby agree that any cause of action arising out of or related to this service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Some jurisdictions may prohibit the shortening of the time period in which a cause of action must be brought. In all such jurisdictions, the applicable time period shall be the minimum allowed by law.
5. Choice of Law and Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law provisions. You and Modern Baby agree to submit to the exclusive jurisdiction of the courts of the State of California.
Modern Baby Copyright Compliance Policy
Modern Baby (“Modern Baby”), has adopted the following policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The address of Modern Baby’s Designated Agent to Receive Notification of Claimed Infringement is listed at the end of this policy. Capitalized terms and phrases that are used in this Policy and not otherwise defined have the meanings assigned to such terms in the Terms of Service.
Modern Baby will use reasonable efforts to (1) block access to and/or remove any material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our users, whether they are the account holder or others; and (2) permanently remove and discontinue service to any repeat offender. This policy shall cover all aspects of the service provided by Modern Baby.
Procedure for Reporting Copyright Infringements:
If you believe that material or content residing or accessible on the Modern Baby site infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent to Receive Notification of Claimed Infringement listed below:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Modern Baby is capable of finding and verifying its existence.
4. Contact information about the notifier including address, telephone number and, if available, e-mail address.
5. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once the infringement notification is received by the Designated Agent:
1. Modern Baby will remove or disable access to the infringing material;
2. Modern Baby will then immediately notify the user that it has removed or disabled access to the material.
3. First time offenders will have the infringing material removed from the system.
4. Repeat offenders will have the infringing material removed from the system and Modern Baby may immediately terminate such user’s access to Modern Baby.
The alleged infringing user may supply a counter-notice to the Designated Agent that must include the following:
1. A physical or electronic signature of the user;
2. Identification of the material that has been removed, or to which access to has been disabled, and the location at which the material appeared before it was removed or disabled;
3. A statement that the user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
4. User’s name, address and telephone number and a statement that user consents to the jurisdiction of the Federal Court for the judicial district in which the user’s address is located, or if the user’s address is located outside the United States, for any judicial district in which Modern Baby is located, and that user will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, a copy of the counter-notice will be sent to the original complaining party informing that person that it will replace the removed material or cease disabling it. Unless the copyright owner files an action seeking a court order against the user, the removed material will be replaced, or access to it restored, within 14 business days after receipt of the counter-notice.
Please contact Modern Baby’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
Designated Agent to Receive Notification of Claimed Infringement:
Notification of Claimed Infringement
Brightline Media, LLC
548 Market Street #49416
San Francisco, CA 94104
Or via email to: info at brightlinemedia dot net
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