1. Definitions.
"MomMe TV" is the on-line service operated by MomMe TV Entertainment, Inc. ("MomMe") on the World Wide Web of the Internet, consisting of information services and content provided by MomMe, affiliates of MomMe and other third parties. "User" means each person who establishes or accesses a connection for access to and use of MomMe TV.
2. General.
(A) This Agreement governing the use of certain specific material contained in MomMe TV, sets forth the terms and conditions that apply to use of MomMe TV by User. By using MomMe TV (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use MomMe TV is personal to User and is not transferable to any other person or entity.
(B) MomMe shall have the right at any time to change or discontinue any aspect or feature of MomMe TV, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms.
MomMe shall have the right at any time to change or modify the terms and conditions applicable to User's use of MomMe TV, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on MomMe TV, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of MomMe TV by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
4. Equipment.
User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of MomMe TV and all charges related thereto.
5. User Conduct.
(A) User shall use MomMe TV for lawful purposes only. User shall not post or transmit through MomMe TV any material 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 or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without MomMe's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in MomMe's discretion restricts or inhibits any other User from using or enjoying MomMe TV will not be permitted. User shall not use MomMe TV to advertise or perform any commercial solicitation.
(B) MomMe TV contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of MomMe TV are copyrighted as a collective work under the United States copyright laws. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of MomMe and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) User shall not upload, post or otherwise make available on MomMe TV 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 and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of MomMe TV, User automatically grants, or warrants that the owner of such material has expressly granted MomMe the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants MomMe the right to edit, copy, publish and distribute any material made available on MomMe TV by User.
(D) The foregoing provisions of Section 5 are for the benefit of MomMe, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) USER EXPRESSLY AGREES THAT USE OF MomMe TV IS AT USER'S SOLE RISK. NEITHER MomMe, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT MomMe TV WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF MomMe TV, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH MomMe TV.
(B) MomMe TV IS PROVIDED ON AN "AS IS" 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.
(C) THIS DISCLAIMER OF LIABILITY APPLIES 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. USER SPECIFICALLY ACKNOWLEDGES THAT MomMe 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 USER.
(D) IN NO EVENT WILL MomMe, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING MomMe TV OR THE MomMe TV SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE MomMe TV. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON MomMe TV.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, MomMe, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN MomMe TV, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, MomMe, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
7. Monitoring.
MomMe shall have the right, but not the obligation, to monitor the content of MomMe TV, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by MomMe and to satisfy any law, regulation or authorized government request. MomMe shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on MomMe TV. Without limiting the foregoing, MomMe shall have the right to remove any material that MomMe, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
8. Indemnification.
User agrees to defend, indemnify and hold harmless MomMe, 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 of MomMe TV by User.
9. Termination.
Either MomMe or User may terminate this Agreement at any time. Without limiting the foregoing, MomMe shall have the right to immediately terminate User's access in the event of any conduct by User which MomMe, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10, 12 and this Section 9 shall survive termination of this Agreement.
10. Trademarks.
MomMe, MomMe TV and each of their logos are trademarks of MomMe TV Entertainment, Inc.. All rights reserved. All other trademarks appearing on MomMe TV are the property of their respective owners.
11. Third Party Content.
MomMe is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of MomMe TV, are those of the respective author(s) or distributor(s) and not of MomMe. Neither MomMe nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through MomMe TV represents the opinions and judgments of the respective information provider, User, or other user not under contract with MomMe. MomMe neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on MomMe TV by anyone other than authorized MomMe employee spokespersons while acting in their official capacities. Under no circumstances will MomMe be liable for any loss or damage caused by a User's reliance on information obtained through MomMe TV. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through MomMe TV. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
12. Miscellaneous.
This Agreement and any operating rules for MomMe TV established by MomMe 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 Colorado, 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.
13. Privacy Policy.
Registration data and certain other information about you is subject to MomMe TV’s Privacy Policy. For more information, see MomMe TV’s full privacy policy. User understands that through your use of MomMe TV User consents to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by MomMe and its affiliates
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