Last modified June 30th, 2015
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SEGUE ESPRIT INC., PROVIDER OF THE DIVORCEDMOMS.COM WEBSITE AND SERVICE (the “Service”), WHICH IS ACCESSED THROUGH THE DIVORCEDMOMS.COM WEBSITE. THIS AGREEMENT GOVERNS YOUR USE OF THE SERVICE. YOU SHOULD CAREFULLY READ THIS AGREEMENT, AND THE DIVORCEMOMS.COM PRIVACY POLICY (the “Privacy Policy”), WHICH IS INCORPORATED INTO AND A PART OF THIS AGREEMENT. BY USING OR ACCESSING THE SERVICE IN ANY WAY, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE THE SERVICE.
1.
Changes to this Agreement. We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement (including the Privacy Policy, which is incorporated into and a part of this Agreement) and any of our policies at any time, effective with or without prior notice. Material changes (as determined in our sole and absolute discretion) will be disclosed by notification on the Website. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must immediately stop using the Service. Your continued use of the Service following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
2.
Access to the Service.
2.1.
Subject to your acceptance of and compliance with this Agreement, we grant to you a non-exclusive, non-transferable, revocable limited license to use the Service for your personal non-commercial use. You agree not to use the Service for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in this Agreement or expressly permitted as part of the Service.
2.2.
We may change, modify, suspend, or discontinue any aspect of the Service and/or our policies at any time. We may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability.
2.3.
Your use of the Service is conditioned upon your compliance with this Agreement and any use of the Service in violation of this Agreement will be regarded as an infringement of our copyrights in and to the Service. We reserve the right to terminate your access to the service without notice if you violate this Agreement.
2.4.
The Service is intended only for individuals at least 13 years old. If you are under the age of 13 you are prohibited from using the Service. Additionally, if you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to be bound by this Agreement on your behalf.
3.
Ownership of Intellectual Property.
3.1.
Unless otherwise specified in writing, all materials that are part of the Service are owned, controlled, or licensed by us and are protected by law from unauthorized use. The entire contents of the Service are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions.
3.2.
DivorcedMoms.com and the DivorcedMoms.com logos are our trademarks and may not be used without our express permission.
3.3.
You do not acquire any ownership rights by using the Service or by downloading material from or uploading material to the Service.
3.4.
You agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein or in the Service, without our express prior written permission.
3.5.
All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to us in connection with your use of the Service will be our exclusive property. You agree that unless otherwise prohibited by law we may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.
4.
Content Posted by You.
4.1.
You understand that all postings, messages, chat or private messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. You are solely responsible for the Content that you post on the Service, or transmit to others. You will not post on the Service, or transmit to others, any defamatory, inaccurate, abusive, obscene, profane, offensive, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to us or to any other party. If information provided to us or another subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.
4.2.
You understand and agree that we may (but have no obligation to) review and delete any Content, messages, photos or profiles, in each case in whole or in part, that in our sole judgment violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others. You understand that we have no obligation to review, preview, pre-screen, or approve Content.
4.3.
By posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to us and our affiliates, licensees and successors, an irrevocable, unconditional, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and Content and to prepare derivative works of, or incorporate into other works, and otherwise exploit, such information and Content, and to assign and grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content will not infringe or violate the rights of any third party.
4.4.
The following is a partial list of the kind of Content that is illegal or prohibited on the Service. We reserve the right (but have no obligation) to investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to, Content that:
(a)
is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b)
harasses or advocates harassment of another person;
(c)
involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
(d)
promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(e)
promotes an illegal or unauthorized copy of another person’s copyrighted work;
(f)
promotes or provides instructional information about illegal activities, promotes physical harm or injury against any group or individual, or promotes any act of cruelty to animals;
(g)
solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and/or
(h)
engages in commercial activities and/or sales without our prior written consent.
4.5.
Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
5.
Links to other Websites: DivorcedMoms.com, or third parties on DivorcedMoms.com, may provide links to other sites and/or resources, including advertisers, over which DivorcedMoms has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by DivorcedMoms.com of content, items or services on those third-party websites. You access and use such sites, including the content, items or services on those sites, solely at your own risk. Divorcedmoms.com makes no representation or warranties with respect to the Content, ownership, or legality of any such linked websites. You agree that DivorcedMoms.com has no responsibility or liability for the availability of such external sites or resources, or for the Content, advertising products, or other materials available through such sites or resources.
6.
Prohibited Activities.
6.1.
We reserve the right (but have no obligation) to investigate and suspend or terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. You are responsible for determining what laws or regulations are applicable to your use of the Service. We also reserve the right (but have no obligation) to issue warnings and notices of inappropriate activity or inform the appropriate authorities and provide them with information regarding any suspected illegal activity; or bring legal action against a user of the Service in relation to any breach of this Agreement or any illegal or suspected illegal activity.
6.2.
The following is a partial list of the type of actions that you may not engage in with respect to the Service:
(a)
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
(b)
You will not “stalk” or otherwise harass any person, or contact anyone who has asked not to be contacted.
(c)
You will not express or imply that any statements you make are endorsed by us or the Service without our specific prior written consent.
(d)
You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
(e)
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
(f)
You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
(g)
You will not interfere with or disrupt the Service or the servers or networks connected to the Service.
(h)
You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
(i)
You will not post, email or otherwise transmit 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.
(j)
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
(k)
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause others to do so.
7.
Your Interaction With Others.
7.1.
You are solely responsible for your interactions with others. Your interactions with parties other than us on or through the Service are solely between you and such parties.
7.2.
Information that you disclose to others may not be kept private by those parties.
7.3.
You agree that we will not be responsible or liable for any injury, loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between you and any party other than us, you understand and agree that we are under no obligation to become involved.
8.
Registration and Account Security: You can browse DivorcedMoms.com and enjoy the content without registering. In order to post any content or access certain features of the Service, you must register with DivorcedMoms (which may include connecting to DivorcedMoms through a third-party service) and select a password and screen name (“User ID”). You may not select or use as a User ID a name that is offensive, vulgar or obscene. DivorcedMoms reserves the right to refuse registration of, or cancel a User ID in its sole discretion. When creating your account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your password.
You are solely responsible for the activity that occurs on your account. You must notify DivorcedMoms immediately of any breach of security or unauthorized use of your account. Although DivorcedMoms will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of DivocedMoms or others due to such unauthorized use.
By providing DivorcedMoms your email address (including by connecting to DivorcedMoms through a third-party service) you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including changes to features of the Service and special offers. You may opt out or change the frequency of certain email communications from Football Nation by using our “Contact Us” form, with the word “No email” in the subject field, or by sending mail to the following postal address: 188 Needham St, Suite 255, Newton, MA 02464
9.
Privacy and Protection of Personal Information. We respect the privacy of visitors to the Service. You should review our Privacy Policy HERE for information on our collection and use of your information. You acknowledge and agree that our Privacy Policy, including, but not limited to, the manner in which we collect, use and disclose your personally identifiable information, is incorporated and made part of this Agreement. By giving us access to your personally identifiable information, you automatically grant to us and our affiliates, licensees and successors, an irrevocable, unconditional, perpetual, non-exclusive, fully paid, worldwide license to use your personally identifiable information in accordance with our Privacy Policy. If you do not agree to each and every part of our Privacy Policy, then you should not use the Service. Remember that information that you disclose to others through use of the Service may not be kept private.
10.
Disclaimers; Limitations; Waivers of Liability.
10.1.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, SUBSIDIARIES, PARENTS AND AFFILIATES WARRANT THAT THE SERVICE WILL ACHIEVE ANY OTHER PARTICULAR RESULT.
10.2.
YOU HEREBY RELEASE US AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, SUBSIDIARIES, PARENTS AND AFFILIATES FROM ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICE, INCLUDING YOUR INTERACTION WITH THIRD PARTIES. NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, SUBSIDIARIES, PARENTS AND AFFILIATES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. WITHOUT LIMITING THE FOREGOING, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, SUBSIDIARIES, PARENTS AND AFFILIATES WILL HAVE NO LIABILITY TO ANY PARTY RELATING IN ANY WAY TO ANY DELAY IN PROVIDING ANY ASPECT OF THE SERVICE OR TO THE UNAVAILABILITY OF THE SERVICE. If you are a California resident, you waive California Civil Code Section 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.”
10.3.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT.
10.4.
INFORMATION DISCLAIMER: THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) AND SERVICES ON THE WEBSITE ARE INTENDED SOLELY AS A GENERAL EDUCATIONAL AID AND ARE NOT MEDICAL HEALTHCARE, LEGAL OR OTHER PROFESSIONAL ADVICE FOR ANY INDIVIDUAL PROBLEM NOR A SUBSTITUTE FOR MEDICAL OR OTHER PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. NOTHING CONTAINED IN THE WEB SITE IS INTENDED TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT. THE INFORMATION AND SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT NEITHER DIVORCEDMOMS.COM NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. YOUR USE OF THE SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEB SITE. DIVORCEDMOMS.COM AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEB SITE. WHILE DIVORCEDMOMS.COM STRIVES TO KEEP THE INFORMATION ON THE WEB SITE ACCURATE, COMPLETE, AND UP-TO-DATE, DIVORCEDMOMS.COM AND ITS SUPPLIERS CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION.
11.
Indemnification. You agree to defend, indemnify and hold harmless us and our directors, officers, employees, agents, co-branders, subsidiaries, parents and affiliates from and all claims and expenses, including attorneys’ fees and costs, arising out of your use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in this Agreement. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Service.
12.
Governing Law/Injunctive Relief.
12.1.
This Agreement and all aspects of the Service will be governed by and construed in accordance with the internal laws of the United States and the Commonwealth of Massachusetts governing contracts entered into and to be fully performed in Massachusetts (i.e., without regard to conflict of laws provisions) regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action other than in the state or federal courts located in Boston, Massachusetts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Boston, Massachusetts.
12.2.
You acknowledge that the rights granted and obligations made hereunder to us are of a unique and irreplaceable nature, the loss of which will irreparably harm us and which cannot be replaced by monetary damages alone, so that we will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).
13.
Waiver/Severability.
13.1.
Our failure to require or enforce strict performance by you of any provision of this Agreement or to exercise any right under them will not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance.
13.2.
You and we agree that if any portion of this Agreement, is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision will, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of this Agreement, which will continue to be in full force and effect.
14.
Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for notice of claims of copyright infringement can be reached at [email protected].
15.
Miscellaneous. We operate and control the Service from our offices in the United States. We make no representation that the Service is appropriate or available in other locations. The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. This Agreement is effective until terminated by either party. You may terminate this Agreement by destroying all Service-related materials obtained from the Service, us or any other web site or source. The privileges granted to you under this Agreement will terminate immediately and automatically without notice if, in our sole discretion, you fail to comply with any term or provision of this Agreement. Those provisions which by their express terms or nature are intended to survive termination of this Agreement (including the rights you grant to us under this Agreement) will survive its termination. You may not assign this Agreement without our prior written consent. This Agreement contains the entire understanding, and supersedes all prior understandings, between the parties concerning its subject matter, and cannot be changed or modified by you. Neither the course of conduct between the parties nor trade practice will act to modify this Agreement. The section headings used in this Agreement are for convenience only and will not be given any legal import. Upon our request, you will furnish to us any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against us by virtue of our having drafted it. As used in this Agreement, the word “including” and its derivatives (such as “include” and “includes”) means including, without limitation. This term is used as defined, whether or not capitalized. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
16.
Statute of Limitations. You and we both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement (including the Privacy Policy) must be filed within ONE (1) YEAR after such claim or cause of action arose or will be forever barred.
