(Effective as of November 25 2014.)
The Service allows you to download the MomCo App, submit and share your personal stories to include in future blog posts, nominate people to feature in future blog posts, view information about the MomCo App, and view information posted on the MomCo App blog.
You need to be at least 13 years old and a resident of the United States to register for and use the Service.
If you are a user who signs up for the Service, will create a personalized account which includes a unique username and a password to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
· post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
· use the service for any unlawful purpose or for the promotion of illegal activities;
· attempt to, or harass, abuse or harm another person or group;
· use another user’s account without permission;
· provide false or inaccurate information when registering an account;
· interfere or attempt to interfere with the proper functioning of the Service;
· make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
· bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
· publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
When you create your own personalized account, you may be able to provide (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
· You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
· You will not post information that is malicious, false or inaccurate;
· You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
· You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
As part of the Service, the Company may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
(a) Termination of Repeat Infringer Accounts. The Company respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the Company’s designated copyright agent at 8885 Rio San Diego Drive, San Diego, CA 92108
1. The date of your notification;
2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
1. Your physical or electronic signature;
2. A description of the content that has been removed and the location at which the content appeared before it was removed;
3. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York 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 Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content 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 (in the Company’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.
We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by changing your account settings or sending an email to email@example.com or mail to the following postal address:
Opting out may prevent you from receiving messages regarding the Company or special offers.
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT
If you have a dispute with one or more users, a restaurant or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Giveaway Terms and Conditions
MomCo and the MomCo Giveaways are in no way affiliated with Apple Inc. All Apple product names are trademarks or registered trademarks of Apple Inc. MomCo and the MomCo Giveaways are in no way affiliated with Google Inc. All Google product names are trademarks or registered trademarks of Google Inc. All other company and product names are trademarks or registered trademarks of their respective companies.
The MomCo Giveaways (“Sweepstakes”) is a promotional giveaway with a fixed number of prizes to be awarded over the specified Promotion Period (as defined below), in which participants enter to win a Prize by earning entries available on the MomCo App (“Us” or “We”). No purchase necessary to enter or win. A purchase will not increase your chances of winning.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Google, Pinterest, Instagram, or Twitter. You are providing your information to MomCo and not to Facebook, Google, Instagram, or Twitter. Entrants and/or participants also agree to hold harmless Facebook, Google, Pinterest, Instagram, and Twitter and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and Facebook’s, Google’s, Instagram’s, and Twitter’s officers, directors, employees and agents from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.
Participants are not eligible to win more than one MomCo Giveaway in any thirty (30) day period. If you are selected a winner, you will not be eligible to win the MomCo Giveaway for a period of thirty (30) days following the date of your prize award.
You will earn entries into this Sweepstakes by engaging in certain activities on the MomCo app; including, but not limited to: completing a registration form or application, participating in surveys, playing games, enjoying videos, or simply tapping the Enter button on a giveaway. Entries submitted after Promotion Period for the Giveaway will be deemed invalid.
Prizes will be issued in the manner the winner selects at time of award, unless otherwise noted.
Winners will be notified by E-mail, In-App Alert, Social Media, and/or by Push-Notification at our option. The winner will have seven (7) days to contact Us in order to verify that they were eligible to enter and win the Sweepstakes and claim the Prize. If the winner fails to contact Us within seven (7) days of the drawing or is unable to verify that they were eligible to enter and win the Sweepstakes, the prize will be forfeited and the “first” alternate winner will be selected and notified as set forth above. The “first” alternate winner will have seven (7) days to contact Us in order to verify that they were eligible to win the sweepstakes and to claim the prize. If the “first” alternate winner fails to contact Us within fourteen (14) days of the drawing or is unable to verify that they were eligible to enter and win the Sweepstakes, the prize will be forfeited and a “second” alternate winner will be notified as set forth above. If the “second” alternate winner fails to contact Us within twenty-one (21) days of the drawing or is unable to verify that they were eligible to enter and win the Sweepstakes, the prize will be forfeited and a “third” alternate winner will be selected and notified as set forth above. If the “third” alternate winner fails to contact Us within twenty-eight (28) days of the drawing or is unable to verify that they were eligible to enter and win the Sweepstakes, MomCo will continue to select additional alternate winners until the Prize is claimed. For purposes of claiming a prize pursuant to this paragraph, a winner will be deemed to have contacted Us when We receive a completed claim form.
Acceptance of any prize shall, unless prohibited by law, also constitute a grant to Us of the right to print, publish, broadcast and use, worldwide, in any media now known or hereafter discovered and at any time, your name, picture, voice, likeness and/or biographical information for promotional purposes without additional compensation and without additional consent. By using the MomCo app and participating in the Sweepstakes or any other Promotion available on the MomCo app, you hereby give Us the right, without any obligation to compensate you, to publish, disclose, use, reproduce, exhibit, display, print and/or distribute your first name, first letter of the last name, location (city and state), the amount of any prize and the Sweepstakes from which it was won and/or any quotation, statement, image or other content that you are willing to provide about this Sweepstakes or the MomCo app that We, in our sole discretion, wish.
Board of Judges’ decisions are final. Giveaways may be ended early for promotional purposes, and if so, all eligible entries will be included and the winner selection method will not change. Taxes are winner’s responsibility. Giveaways are open to U.S. residents who are physically located and residing in the U.S. and are MomCo app users that are 18 years of age or older at the time of entry. Void where prohibited. All giveaways are void in the province of Quèbec, and residents of that province are not eligible to enter or win. Principals and employees of MomCo, their affiliates and subsidiaries, their contest processors, their immediate families and the Board of Judges are not eligible. All federal, state and local laws apply.
By entering this promotion, each entrant accepts and agrees to be bound by these official rules and the decisions of the Board of Judges. MomCo and their agencies are not responsible for any incorrect or inaccurate information, whether caused by website/app users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of submissions in the Sweepstakes. MomCo and their agencies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of entries. MomCo and their agencies are not responsible for any problems or technical malfunction of any telephone network or lines, computer systems, servers or providers, computer equipment or software on account of technical problems or traffic congestion on the Internet or combination thereof, including injury or damage to participants or to any other person’s computer related to or resulting from participating or downloading materials in this Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of MomCo which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes, MomCo reserves the right to terminate the online portion of the promotion. Entries become the property of MomCo and will not be returned.
MomCo reserves the right through decision by the Board of Judges to disqualify any entry determined to be the result of tampering with the MomCo online system in violation of the letter and spirit of the official rules. Any use of programmed, automatic or scripted entry methods will void all associated entries and individuals using such methods may be disqualified for future entry opportunity.
ALL PRIZES ARE GUARANTEED TO BE AWARDED AS OFFERED
NO PURCHASE OR PAYMENT NECESSARY TO ENTER
BUYING WON’T HELP YOU WIN
You Have Not Yet Won. All Entries Have The Same Chance Of Winning. The winner has not been identified. We don’t know who the winner is. If you enter our Sweepstakes, your entry will have the same chance to win as every other entry.
Enter For Free. You don’t have to buy anything to enter. Just follow the instructions in the Official Rules.
Buying Won’t Help You Win. Your chances of winning without a purchase are the same as the chances of someone who buys something. It would not be lawful to give any advantage to buyers in a Sweepstakes.
Giveaways may be subject to additional terms and conditions as may be noted in their listing in the MomCo app.