Terms

TERMS OF SERVICE

 

Last Updated: October 2014

 

PLEASE READ THIS DOCUMENT CAREFULLY. The Mommy Channel, Inc. ("TMC," "we," or "us") offers an online video curation, video storage, and video-sharing platform, and online community through its web- and mobile-based sites located at www.themommychannel.com (the "TMC Site") and related domains, mobile applications and desktop applications (collectively, the "TMC Service"). By registering as a member or by using the TMC Service in any way, you accept these Terms of Service ("Agreement"), which forms a binding agreement between you and TMC. If you do not wish to be bound by this Agreement, do not use the TMC Service.

 

1. Who May Use the TMC Service

 

AGE REQUIREMENT: You must be at least 13 years old to use the TMC Service. If you are at least 13, but are still a minor, you must have your parent or legal guardian's permission to use the TMC Service. Please have him or her read this Agreement with you.

 

NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the TMC Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's use of the TMC Service. If your child is using the TMC Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access.

 

WARNING: Even if you are old enough to use the TMC Service and/or have your parent's or guardian's permission, some of the content available within the TMC Service may not be appropriate for you. Some content may contain "R-rated" material, nudity, profanity, and mature subject matter. If you are under 18, do not view such content.

 

2. License to Use the TMC Service

 

LICENSE: TMC grants you a limited, non-exclusive license to access and use the TMC Service for your own personal, non-commercial purposes. This includes the right to view content available on the TMC Service. This license is personal to you and may not be assigned or sublicensed to anyone else.

 

RESTRICTIONS: Except as expressly permitted by TMC in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the TMC Service. Nor will you take any measures to interfere with or damage the TMC Service. All rights not expressly granted by TMC are reserved.

 

MOBILE APP: Your use of the TMC Service through one of our mobile applications is also subject to our Mobile App Addendum.

 

3. Privacy

 

Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about:

 

  • What information we may collect about you;
  • What we use that information for; and
  • With whom we share that information.

 

4. Membership

 

REGISTRATION: To fully use the TMC Service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to TMC and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.

 

USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.

 

ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the TMC Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.

 

5. Term and Termination; Account Deletion

 

TERM: This Agreement begins on the date you first use the TMC Service and continues as long as you have an account with us.

 

ACCOUNT DELETION: You may delete your account at any time. Accounts may be deleted from the TMC Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months.

 

TERMINATION FOR BREACH: TMC may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if TMC determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage TMC's reputation and goodwill. If TMC deletes your account for the foregoing reasons, you may not re-register for the TMC Service. TMC may block your email address and Internet protocol address to prevent further registration.

EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by TMC will terminate. Sections 5 and 10 though 15 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. TMC shall not be responsible for the loss of such content.

 

6. Content Restrictions

 

You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:

 

  • Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
  • Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
  • Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
  • Exploits minors;
  • Depicts unlawful acts or extreme violence;
  • Depicts animal cruelty or extreme violence towards animals;
  • Promotes fraudulent schemes, multi level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or
  • Violates any law.

 

All videos you submit must also comply with our Uploading Guidelines, which are incorporated into this Agreement.

 

7. Code of Conduct

 

In using the TMC Service, you must behave in a civil and respectful manner at all times. Further, you will not:

 

  • Act in a deceptive manner by, among other things, impersonating any person;
  • Harass or stalk any other person;
  • Harm or exploit minors;
  • Distribute "spam";
  • Collect information about others; or
  • Advertise or solicit others to purchase any product or service within the TMC Site (unless you are an official TMC partner or advertiser and have a written agreement with TMC).

 

TMC has the right, but not the obligation, to monitor all conduct on and content submitted to the TMC Service.

 

8. Licenses Granted by You

 

8.1 Videos

 

LICENSE TO TMC: As between you and TMC, you own the video content ("videos") that you submit to the TMC Service. By submitting a video, you grant TMC and its affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your video for the purpose of (i) displaying the video within the TMC Service; (ii) displaying the video on third party websites and applications through a video embed or TMC's API subject to your video privacy choices; (iii) allowing other users to play, download, and embed on third party websites the video, subject to your video privacy choices; (iii) promoting the TMC Service, provided that you have made the video publicly available; and (iv) archiving or preserving the video for disputes, legal proceedings, or investigations.

 

LICENSE TO OTHER USERS: You further grant all users of the TMC Service permission to view your videos for their personal, non-commercial purposes, subject to your video privacy choices. This includes the right to copy and make derivative works from the videos solely to the extent necessary to view the videos. The foregoing licenses are in addition to any license you may decide to grant (e.g., a Creative Commons license).

 

DURATION OF LICENSES: The above licenses will continue unless and until you remove your videos from the TMC Service, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed videos may be cached in search engine indices after removal and that TMC has no control over such caching.

 

8.2 Non-video Content

 

As between you and TMC, you own all non-video content that you submit to the TMC Service. You grant TMC and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your non-video content. In addition, you waive any so-called "moral rights" in your non-video content. You further grant all users of the TMC Service permission to view your non-video content for their personal, non-commercial purposes. If you make suggestions to TMC on improving or adding new features to the TMC Service, TMC shall have the right to use your suggestions without any compensation to you.

 

9. Your Representations and Warranties

 

For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to TMC and grant the licenses set forth above; (ii) TMC will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.

 

10. Indemnification

 

You will indemnify, defend, and hold harmless TMC and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the TMC Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to TMC violates any law or infringes any third party right, including any intellectual property or privacy right.

 

11. Third Party Copyrights and Other Rights

 

TMC respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our Copyright and DMCA Policy, which is incorporated into this Agreement. For other intellectual property claims, please send us a notice at dmca@themommychannel.com.

 

12. Disclaimers

 

TMC reserves the right to modify the TMC Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the TMC Service. TMC has no obligation to screen or monitor any content and does not guarantee that any content available on the TMC Service complies with this Agreement or is suitable for all users.

 

TMC provides the TMC Service on an "as is" and "as available" basis. You therefore use the TMC Service at your own risk. TMC expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, TMC makes no representations or warranties:

 

  • That the TMC Service will be permitted in your jurisdiction;
  • That the TMC Service will be uninterrupted or error-free;
  • Concerning any content submitted by any member;
  • Concerning any third party's use of content that you submit;
  • That any content you submit will be made available on the TMC Service or will be stored by TMC; or
  • That the TMC Service will meet your business or professional needs;
  • That TMC will continue to support any particular feature of the TMC Service;
  • Concerning sites and resources outside of the TMC Service, even if linked to from the TMC Service.

 

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the TMC Service, and no warranties shall apply after such period.

 

13. Limitation of Liability

 

To the fullest extent permitted by law TMC shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses.

 

14. Compliance Notice Pursuant to 18 U.S.C. § 2257

 

All pictures, graphics, videos, and other visual media displayed on the TMC Service are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256 (2) (A) - (D), but are merely, at most, depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995. TMC is not the primary producer of the visual content contained in the TMC Service.

 

15. General Provisions

 

GOVERNING LAW: This Agreement shall be governed by the laws of the State of New York, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

 

DISPUTES: Any action arising out of or relating to this Agreement or your use of the TMC Service must be commenced in the state or federal courts located in New York County, New York, United States of America (and you consent to the jurisdiction of those courts). In any such action, TMC and you irrevocably waive any right to a trial by jury.

 

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by TMC in exercising any right hereunder will waive any further exercise of that right. TMC's rights and remedies hereunder are cumulative and not exclusive.

 

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without TMC's prior written consent. No third party shall have any rights hereunder.

 

NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from TMC electronically. TMC may provide all such communications by email or by posting them on the TMC Service. For support-related inquiries, you may contact us. You may send notices of a legal nature to TMC at support@themommychannel.com

Nothing herein shall limit TMC's right to object to subpoenas, claims, or other demands.

 

MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by TMC on the TMC Site or a written amendment signed by an authorized representative of TMC. A revised Terms of Service will be effective as of the date it is posted on the TMC Site.

 

ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:

 

 

This Agreement constitutes the entire understanding between TMC and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.