IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY
1 IMPORTANT NOTICE
1.1 These terms apply to your use of the 101 Mothers website, www.101mothers.com (“the website”) and are effective from 1 January 2014.
1.3 The website is operated by 101 Mothers (“we”, “us”, “our”).
1.5 We can change these terms at any time without notice.
1.6 It is your responsibility to check the terms regularly in order to be aware of any changes which are made to them.
1.7 By continuing to access this website after the terms have changed, you are agreeing that you have read, understood and agree to be bound by the updated terms.
1.8 If you have any questions or concerns about these terms or the website you can contact us by emailing us at email@example.com.
2 USE OF THE WEBSITE
2.1 You may use this website for lawful purposes only. You must not use the website in any way that breaches any applicable local, national or international law or regulation or which is in any way unlawful or fraudulent.
2.2 You are allowed to access, download and print the materials on this site for your own personal, non commercial use only provided that you do not remove or obscure any copyright, trademark or other proprietary rights notices.
2.3 You must not:
2.3.1 access or print any or all parts of the website for any commercial purpose;
2.3.2 copy (including storing and downloading), distribute, publish, alter, adapt, create derivative works from, or otherwise use the material on this website, either in whole or in part;
2.3.3 remove any copyright, trademark or other intellectual property notices;
2.3.4 use the website to transmit or procure the sending of any unsolicited or unauthorised spam or advertising material;
2.3.5 seek to interfere or damage the website or its content;
2.3.6 frame, harvest or link to this website or its content or use the material on this website, or any part of it, on any other website or social media platform; without first obtaining express written consent from us.
3 USER SUBMISSIONS
3.2 You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to the Public Areas you agree that such submission is non-confidential for all purposes.
3.3 If you make any such submission you agree that you will not send or transmit to us by email any communication or content that infringes or violates any rights of any party.
3.4 If you make any submission to a Public Area or if you submit anything to us by email, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted us a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. We may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to us. We try to answer every email in a timely manner, but are not always able to do so.
4 MEMBER TO MEMBER AREAS (“PUBLIC AREAS”)
4.1 If you use a Public Area, such as a chat room, message boards, blogs or community posting or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. We are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local Police. If you think you may have a medical emergency, call the emergency services or your doctor. In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
4.1.1 Using a Public Area for any purpose in breach of local, national, or international laws;
4.1.2 Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
4.1.3 Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by us in our sole discretion;
4.1.4 Posting advertisements or solicitations of business;
4.1.5 After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
4.1.6 Posting chain letters or pyramid schemes; 4.1.7 Impersonating another person; 4.1.8 Distributing viruses or other harmful computer code;
4.1.9 Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
4.1.10 Allowing any other person or entity to use your identification for posting or viewing comments
4.1.11 Posting the same note more than once or “spamming”; or engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the website, or which, in our judgment exposes us or any of our customers or suppliers to any liability or detriment of any type.
4.2 We reserve the right (but are not obliged) to do any or all of the following:
4.2.1 Record the dialogue in public chat rooms.
4.2.2 Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
4.2.3 Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
4.2.4 Terminate a user’s access to any or all Public Areas and/or the website upon any breach of these Terms and Conditions.
4.2.5 Monitor, edit, or disclose any communication in the Public Areas.
4.2.6 Edit or delete any communication(s) posted on the website, regardless of whether such communication(s) violate these standards.
4.3 We do not have any liability or responsibility to users of the website or any other person or entity for performance or nonperformance of the aforementioned activities
5.1 The website is intended to provide general information and is directed to adults. It is not intended for children under the age of 13. We are committed to protecting the privacy of children. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
5.2 The website is in no way intended to replace professional medical care or attention by a qualified practitioner. Always seek the advice of your doctor or other qualified health professional with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the website!
5.3 Reliance on any information provided by us, others appearing on the website at our invitation, or other visitors to the website is solely at your own risk.
5.4 Some content on the website is provided by us. Other content is provided by users.
5.5 In respect of content provided by us:
5.5.1 We endeavour to ensure that it is accurate and complete at the date first published. However, we cannot guarantee this and you should recognise that information contained on this website may become out of date over time.
5.6 In respect of content provided by users:
5.6.1 We cannot always verify the content and we do not warrant that such information is true or accurate.
5.7 In respect of all content:
5.7.1 The materials cannot and should not be used as a basis for diagnosis or choice of treatment.
5.7.2 The materials are not exhaustive and do not purport to include all the most recent relevant research.
5.7.3 We do not warrant that it will meet your particular requirements.
5.8 We reserve the right to alter, remove or update materials and information on the website at any time without notice.
5.9 The website and the information contained in it is provided for your use “as is” without any warranty (whether express or implied) of any kind.
6.1 You agree to defend, indemnify, and hold us harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your breach of these Terms and Conditions.
7 AVAILABILITY OF THE WEBSITE
7.1 We reserve the right to suspend access to all or part of the website or close it indefinitely without notice. Access may be terminated or suspended either in relation to specific users or to all users.
7.2 To the extent permitted by law we accept no liability if the website becomes either temporarily or permanently unavailable.
7.3 In addition, we do not warrant that the functions or materials on, or accessed from, this website shall be uninterrupted or free from errors.
8 OWNERSHIP OF THE WEBSITE
8.1 We are the owner or licensee of all intellectual property rights in the website and in the materials which appear on this website. This includes but is not limited to the text, photographs, images, graphics, illustrations, designs, written and other material including the program and code. Our rights include trademarks, copyright, design rights and all other intellectual property rights and all our rights are reserved.
8.2 If you acquire any rights in or to the website or materials on it, you agree to assign those rights, on a worldwide basis, to us and unconditionally and irrevocably to waive all moral rights you may have acquired.
9 VIRUSES AND HACKING
9.1 We do not warrant that the website, its content or the server(s) that make it available are error or virus free or free of other harmful components or that your use of this website will be uninterrupted. You are accessing the website at your own risk and to the extent permitted by law and we will not be liable for any loss or damage suffered by you as a result of viruses or other harmful material which you access from the website.
9.2 You are solely responsible for ensuring that you have suitable equipment and security and virus protection in place before using the website.
9.3 You must not attempt to gain unauthorised access to our website, the server on which the website is stored or any server computer or data base connected to the website
9.4 You must not introduce viruses, trojan horses, worms, logic bombs, spyware, adware or other harmful materials to the website which may adversely affect the operation of any computer or program or the website.
10 LINKING TO AND FROM THE WEBSITE
10.1 The website may contain links to sites operated by third parties. We have not reviewed and do not review such sites and are not responsible for the content of nor accept any liability howsoever arising in respect of any of such sites.
10.2 The presence of links to third party sites is not intended to and shall not constitute a recommendation by us of such sites nor of any advice or information posted on them.
10.3 If you wish to provide a hypertext or other link to or from the website, you will first need to obtain our written consent. We have sole discretion to permit or reject any such requests. Requests should be sent to firstname.lastname@example.org along with the following information:
10.3.1 the URL(s) of the web page(s) from which you are proposing to link to the website; or
10.3.2 the URL(s) of the web page(s) to which you are proposing to link the website and we will consider your request.
11.1 There may be sections of this website which can only be accessed by users who we have given a password.
11.2 If we do provide you with a user name and password, it is your responsibility to ensure that these details are kept confidential at all times and you must not disclose your password to any third party.
11.3 In the event that a third party gains access to your user name or password, you should notify us immediately by emailing email@example.com. We are not liable for any loss resulting from your failure to protect the confidentiality of your user name or password.
12.1 RSS Feeds We may provide information on our website via RSS Feeds. This information is provided solely for the convenience of users and we are not responsible for its content.
13 OUR LIABILITY
13.1 We do not accept liability for any loss or damage which was not foreseeable.
13.2 To the extent we may lawfully do so we exclude liability for any implied terms and conditions including those implied by statute, common law or the law of equity.
13.3 However, nothing in these terms shall affect our liability for death or personal injury caused by our negligence, nor our liability for fraud or serious misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
13.4 Nothing in these terms affect your legal rights as a consumer. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
14.1 If any of these terms is or becomes invalid or contravenes any law then the remaining provisions shall not be affected.
14.2 These terms are governed by English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts.
14.3 No failure by us to exercise a remedy shall constitute a waiver to subsequently exercise any remedy.
© 101Mothers All rights reserved