This Agreement explains the terms and conditions which apply to the use of Mothers Lifestyle and any other subscription product or service offered for sale by Mothers Lifestyle and/or its affiliates (collectively, “Mothers Lifestyle”). The right to use any product or service offered by Mothers Lifestyle is personal to you and is not transferable to any other person or entity.
“Mothers Lifestyle” means all areas, any subscription or other paid products and services offered, or available on the interactive online service operated by Mothers Lifestyle on the World Wide Web. Motherslifestyle.com consists of information services and content provided by Mothers Lifestyle, including any affiliates, and third party providers. The term “Community Areas” means any bulletin boards, chat rooms, forums, social media fan pages or groups, comments sections, and other user participatory areas that are offered on or via motherslifestyle.com.
Mothers Lifestyle has the right at any time to change or discontinue any aspect or feature of motherslifestyle.com including, but not limited to, the Community Areas, content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions or deletions may be effective immediately upon notice thereof, which may be given by means including but not limited to, posting on the Community Areas a revised version of this Agreement or notification by electronic mail. Any use by you of the Community Areas after such notice shall conclusively be deemed to be acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions.
3. Use of motherslifestyle.com and the Community Areas
The Community Areas shall be used for lawful purposes only. No material shall be posted on or transmitted through the Community Areas which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. No conduct shall be undertaken that, in Mothers Lifestyle’s judgment, restricts or inhibits any other user from using or enjoying the Community Areas. Advertising or commercial solicitation may be posted on or transmitted through the Community Areas but only with Mothers Lifestyle’s express prior approval and only if the advertising or commercial solicitation complies with all conditions imposed by Mothers Lifestyle.
Motherslifestyle.com and the Community Areas contain copyrighted material, trademarks, and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the motherslifestyle.com are copyrighted as a collective work under the United States copyright laws. Mothers Lifestyle is the owner of the copyright in the entire motherslifestyle.com site. Mothers Lifestyle owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the motherslifestyle.com or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the motherslifestyle.com without the express permission of Mothers Lifestyle and the copyright owner. In the event of any permitted copying, redistribution or publication of material from motherslifestyle.com, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
You shall not upload, post or otherwise make available on the Community Areas any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining that such material is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission.
You hereby grant to Mothers Lifestyle and its respective affiliates worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in the Community Areas and/or any e-mail sent by you to Mothers Lifestyle (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed.
You may not select or use a member name or e-mail address of another person with the intention of impersonating that person; use a member name or e-mail address of anyone else without authorization; use a member name in violation of the intellectual property rights of any person; or use a member name that Mothers Lifestyle considers to be offensive.
You shall provide Mothers Lifestyle with accurate, complete and updated information provided by you at the time of registration.
Motherslifestyle.com contains links to other Web sites, resources and advertisers. Mothers Lifestyle is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall Mothers Lifestyle be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site’s administrator or webmaster.
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the motherslifestyle.com and Community Areas and all charges related thereto.
The foregoing provisions of this section are for the benefit of Mothers Lifestyle, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.
Mothers Lifestyle has been carefully designed with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of any Mothers Lifestyle sites in any way that interferes with that purpose. In particular, Mothers Lifestyle prohibits any party from displaying the content on any Mothers Lifestyle site in any format where third party advertising or other materials that Mothers Lifestyle did not authorize is viewed or viewable together with Mothers Lifestyle’s proprietary content.
Mothers Lifestyle has the right, but not the obligation, to monitor the content of the Community Areas to determine compliance with this Agreement and any other operating rules that may be established by Mothers Lifestyle from time to time. Mothers Lifestyle shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Community Areas. Without limiting the foregoing, Mothers Lifestyle shall have the right, but not the obligation, to remove any material that Mothers Lifestyle, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of Mothers Lifestyle, users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither Mothers Lifestyle nor any of its affiliates shall assume or have any liability for any action or inaction by Mothers Lifestyle with respect to any conduct within the Community Areas or any communication or posting on the Community Areas.
5. Disclaimer of Warranty; Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THE COMMUNITY AREAS AND THE MOTHERS LIFESTYLE SITES IS AT YOUR SOLE RISK. NEITHER MOTHERS LIFESTYLE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE MOTHERS LIFESTYLE SITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE MOTHERS LIFESTYLE SITES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE SITES OR THE COMMUNITY AREAS.
THE MOTHERS LIFESTYLE SITES AND THE COMMUNITY AREAS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT OGDEN PUBLICATIONS INC. IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL MOTHERS LIFESTYLE OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE MOTHERS LIFESTYLE SITES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE MOTHERS LIFESTYLE SITES OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE MOTHERS LIFESTYLE SITES AND/OR THE COMMUNITY AREAS. MOTHERS LIFESTYLE’S LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO MOTHERS LIFESTYLE.
MOTHERS LIFESTYLE NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE MOTHERS LIFESTYLE SITES, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE ON THE COMMUNITY AREAS BY ANYONE OTHER THAN AUTHORIZED MOTHERS LIFESTYLE EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL MOTHERS LIFESTYLE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT ON THE MOTHERS LIFESTYLE SITES AND/OR ANY POSTINGS ON THE COMMUNITY AREAS. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE MOTHERS LIFESTYLE SITES AND/OR THE COMMUNITY AREAS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
OTHER THAN ITS OWN PRODUCTS, MOTHERS LIFESTYLE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE MOTHERS LIFESTYLE SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. MOTHERS LIFESTYLE MAKES PRODUCTS OR SERVICES AVAILABLE ON THE MOTHERS LIFESTYLE SITES WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
You agree to defend, indemnify and hold harmless Mothers Lifestyle, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use by you of the Mothers Lifestyle Sites and/or the Community Areas.
Mothers Lifestyle shall have the right to immediately terminate this Agreement with respect to any user which Mothers Lifestyle, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 5, 6, 7, 8 and 10 shall survive termination of this Agreement.
All trademarks appearing on the Mothers Lifestyle Sites are the property of their respective owners.
9. Subscription Services; Products
(a) Subscription Services. Mothers Lifestyle makes available to users certain online subscription services (both free and paid), and other paid services and products. The following terms and conditions shall apply in the event that you subscribe to any subscription service or services offered by Mothers Lifestyle on the Mothers Lifestyle Sites (the “Subscription”):
Subscription Terms. The Subscription will continue until Mothers Lifestyle receives notification of termination from you as described below. You authorize Mothers Lifestyle to charge to the credit card account designated during the registration process the current fees and charges for each term according to the subscription plan chosen by you. If you accepted an offer that included a free trial period, your credit card account will not be charged until after the end of the free trial period. If you ordered in response to a free trial period offer, you may cancel the subscription process and avoid a charge to your credit card account if cancellation is received before the free trial period expires. If you subscribed for a term of one (1) year or more, you will be notified by Mothers Lifestyle before the account designated by you is charged after the first term. You are responsible for any charges associated to connecting to the Mothers Lifestyle Sites, including but not limited to, any telephone line charges or any Internet access provider charges. You shall provide Mothers Lifestyle with accurate, complete and updated information as to your name and e-mail address and credit card account information provided by you at registration. Failure to do so shall constitute a breach of this Agreement.
Changed Terms. Mothers Lifestyle shall have the right at any time to impose, change or modify its fees and billing methods, or other terms and conditions applicable to your use of the Subscription or to impose new terms and conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice, which may be given by means including, but not limited to, posting on the Mothers Lifestyle Sites a revised version of this Agreement or notification by electronic or conventional mail. If any such change is unacceptable to you, you may terminate your Subscription as provided below. Any use of the Subscription by you after such notice shall conclusively be deemed to constitute acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions periodically to be aware of such revisions. You may also be subject to additional terms and conditions imposed by third party content providers in connection with third party content, software or services.
Termination. Either you or Mothers Lifestyle may terminate this Agreement at any time. Your only right with respect to any dissatisfaction with any terms and conditions of this Agreement, or policy or practice of Mothers Lifestyle in operating the Mothers Lifestyle Sites and/or the Community Areas, content available through the Subscription or change therein, or amount or type of fees or billing methods, or change therein, is to terminate this Agreement by sending notice by e-mail to: [email protected]
Notice of termination will be effective upon receipt by Mothers Lifestyle. Without limiting the foregoing, Mothers Lifestyle shall have the right to immediately terminate this Agreement with respect to any user which Mothers Lifestyle, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. In the event that your account is terminated or canceled, no refund of any fees, including monthly membership fee, will be granted. The provisions of Sections 5, 6, 7, 8 and this Section 10 shall survive termination of this Agreement. Fees paid for any Subscription are paid in advance and are not refundable in whole or in part, provided, however, that in the event of termination by Mothers Lifestyle for any reason other than breach of this Agreement by you or termination by you in accordance with this subsection of this Agreement in which you identify the termination as resulting from changed terms, Mothers Lifestyle shall make a pro rata refund to you.
(b) Products and Other Services. With respect to products and services offered for sale by Mothers Lifestyle and third parties or through the Mothers Lifestyle Sites: you shall be informed of all terms of the offer, including but not limited to pricing, methods of payment, shipping and handling, credit card information, sales tax, return and refund policies and applicable privacy policies on the screen where you make the purchase.
10. Copyright Agent
We respect the intellectual property rights of others, and require that the people who use the motherslifestyle.com, or the services or features made available on or through the Mothers Lifestyle, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Mothers Lifestyle’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. – 512(c)(2), named below:
- Your address, telephone number, and e-mail address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A 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;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- 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 are authorized to act on the copyright owner’s behalf.
Copyright Agent: Zimmaron Zsido, Copyright Agent, Mothers Lifestyle, 25742 La Serra, Laguna Hills, CA 92653.
For Customer Service do not contact the Copyright Agent, please contact: Sylvia Zsido, Customer Service Manager, Mothers Lifestyle, 25742 La Serra, Laguna Hills, CA 92653; [email protected].
This Agreement and any operating rules for the motherslifestyle.com and the Community Areas established by Mothers Lifestyle constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.