PLEASE READ THE TERMS OF SERVICE BELOW. THESE TERMS OF SERVICE, INCLUDING ANY REVISED AGREEMENTS THAT WE MAY POST FROM TIME TO TIME, STATE THE TERMS AND CONDITIONS UNDER WHICH BABYMAMADRAMA.COM PROVIDES YOU WITH VARIOUS SERVICES ON ITS WEB SITES (ALL SERVICES ARE COLLECTIVELY REFERRED TO AS "BMD SERVICES"). BY ACCESSING, BROWSING AND/OR USING OUR WEB SITES AND/OR SERVICES POSTED ON THE WEB SITE, YOU ARE DEEMED TO ACCEPT THE TERMS OF SERVICE AND AGREE TO BE BOUND BY THIS AGREEMENT WITH RESPECT TO THE USE OF THAT WEB SITE. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT ACCESS, BROWSE OR USE OUR WEB SITES OR ANY SERVICES WE PROVIDE
Ownership of our Web Sites and Protection of Our Intellectual Property Rights
The contents of our Sites are intended for the personal, noncommercial use of our users.
The babymamadrama.com web site ("Sites") are owned and operated by babymamadrama.com, Inc. All right, title and interest to the content displayed on our Sites, including but not limited to the Site's look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties, are the property of babymamadrama.com, or the respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws.
Except as expressly authorized by babymamadrama.com, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the Sites or any Content (including without limitation any software) available through the Sites.
Your License to Access Content on Our Sites
You are hereby granted a personal, nonexclusive, nontransferable, revocable, limited license to view, reproduce, print, cache, store and distribute content retrieved from our Sites via a generally available consumer web browser, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the BMD Services or remove or obscure the copyright notice or other notices displayed on the content. You may not reproduce, print, cache, store or distribute content retrieved from the Sites in any way, for any commercial use without the prior written permission of babymamadrama.com or the copyright holder identified in the relevant copyright notice.
You agree not to modify the BMD Services in any manner or form, or to use modified versions of the BMD Services, including (without limitation) for the purpose of obtaining unauthorized access to the BMD Services or portions of the Services. You agree not to access the BMD Services by any means other than through the interface that is provided by babymamadrama.com for use in accessing the BMD Services.
Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Sites shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of babymamadrama.coms' Content or under any third party's Content. Any rights not expressly granted herein are reserved.
If you choose to forward content from the Sites via email through our Services, you agree that you will only forward such content to willing recipients known to you and that you will not use such Services for engaging in spam or other unauthorized conduct.
Posting Material on Our Sites
Certain Sites may allow users to post or upload information, data, text, photographs, graphics, messages and/or other content ("Postings"). You acknowledge and agree that Postings and any and all liability arising from Postings are the sole responsibility of the user who posted the content ("Poster"), and not babymamadrama.com. babymamadrama.com does not control the Postings and does not guarantee the accuracy, integrity or quality of any Postings.
You understand that by using the BMD Services, you may be exposed to Postings that are offensive, indecent or objectionable. Under no circumstances will babymamadrama.com be liable in any way for any Postings, including, but not limited to, for any errors, omissions or misrepresentations in any Postings, or for any loss or damage of any kind incurred as a result of the use of, or arising from, any Postings.
If you do choose to post content on one of our Sites, please do not do so unless you understand that your Postings will be available publicly. You should not assume that you are anonymous online and cannot be identified by your Postings. You agree that all of your Postings will comply with the requirements of this Agreement.
You agree not to use our Sites to:
a. Post any Posting that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
b. Harm or threaten to harm users in any way;
c. "Stalk" or otherwise harass any other person or entity;
d. Impersonate any person or entity (including an babymamadrama.com agent, enthusiast, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
e. Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in areas that are expressly designated by babymamadrama.com for such purpose;
f. Disseminate or transmit any Content that infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right, including, but not limited to, using third party copyrighted materials, without appropriate permission, using third party trademarks without appropriate permission or attribution, or using or distributing third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
g. Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs;
h. Violate any law (whether local, state, national, or international), whether or not intentionally;
i. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Posting;
j. Post any content that you do not have a right to under any law or under contractual or fiduciary relationship (which includes inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
k. Interfere with or disrupt the BMD Services, our Sites, or servers or networks connected to our Sites, or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites;
l. Collect or store personal data about other users;
m. Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
n. Post 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.
You acknowledge that babymamadrama.com does not pre-screen Postings, but that babymamadrama.com has the right, but not the obligation, to refuse to make available, to modify or to remove any Postings or portions of Postings in its sole discretion and at any time without notice to the Poster, regardless of whether those Postings violate the terms of this Agreement or are otherwise objectionable.
You agree that your use of any Posting is at your own risk, including any reliance on the accuracy, completeness, or usefulness of the Posting. You agree that if you rely on any Posting submitted to babymamadrama.com, it is solely at your own risk.
If you choose to provide any Postings on our Sites, you agree that babymamadrama.com may copy, distribute, display, publish, modify or translate such Postings for any purpose and in any medium worldwide (including incorporating the Postings into babymamadrama.com answer databases or any other babymamadrama.com property, product or service) without any obligation to compensate you or any other third party in any way for any such use. Babymamadrama.com may grant other parties these same rights as to the Postings.
Information Disclaimer and Disclaimer of Warranties
BY USING BMD SERVICES YOU UNDERSTAND AND AGREE THAT:
A. BMD SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITES IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. BABYMAMADRAMA.COM AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES OR MATERIAL ON OUR SITES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON OUR SITES.
B. YOUR USE OF THE BMD SERVICES IS AT YOUR SOLE RISK. THE BMD SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BABYMAMADRAMA.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
C. BABYMAMADRAMA.COM MAKES NO REPRESENTATION OR WARRANTY THAT BMD SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE BMD SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BABYMAMADRAMA.COM SERVICE WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH BMD SERVICES WILL MEET YOUR NEEDS.
D. ANY MATERIAL OBTAINED THROUGH THE USE OF BMD SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
E. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SITE OR THROUGH OR FROM THE BMD SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THEIR TERMS.
Limitation Of Liability
YOU UNDERSTAND AND AGREE THAT BABYMAMADRAMA.COM IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE 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) THE USE OF, OR THE INABILITY TO USE, BMD SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITES, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITES, (5) RELIANCE ON CONTENT OR POSTINGS ON OUR SITES, OR (6) ANY OTHER MATTER RELATING TO OUR SITES OR BMD SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT BABYMAMADRAMA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL BABYMAMADRAMA.COM 'S DIRECT LIABILITY HEREUNDER EXCEED $100.00.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification of babymamadrama.com
You agree to indemnify and hold babymamadrama.com, its subsidiaries, and affiliates, and their officers, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) Postings or other content you submit or that are submitted from your account, (b) your use of or reliance on BMD Services, (c) your connection to our Sites, (d) your violation of this Agreement, or (e) your violation of any rights of another party.
Baby Mama Drama, Baby Mamma Drama, Baby Momma Drama, babymamadrama, babymammadrama, babymommadrama, BMD, and/or other products referenced herein are either registered trademarks or trademarks of babymamadrama.com in the U.S. and/or other countries.
Copyright © 2015 babymamadrama.com, U.S.A. All rights reserved
Effective date: January 1, 2006