Thank you for visiting MamaAlwaysSays.com (the "Site"). The terms and conditions listed below (the "Terms") are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Site and any related applications whether existing now or in the future.
By accessing or using our website, you agree to be bound by these Terms. These Terms constitute the complete agreement between you and MamaAlwaysSays.com, Inc. ("MAS," "we" or "us") regarding the website. We may change the Terms at any time by posting a revised Terms of Service on this page. Please read the entire Terms of Service.
Use of Properties
You agree to use the website only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party.
Certain portions of the website may be secured or otherwise protected from access except for authorized users with valid login and password information. Individuals without authorization attempting to access these portions of the website may be subject to prosecution.
You agree that you will only use the website for your own personal use. You must be at least thirteen (13) years of age to use the website. Use of the website is void where prohibited.
. We reserve the right to suspend access to or close your account at any time for any or no reason.
In creating an account and/or claiming your business listing, you represent that all information provided to us in such process is true, accurate and correct. If you are creating an account or claiming a listing on behalf of a business, then you represent that you are the owner or authorized agent of the business. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts or business listings except as otherwise authorized by us, or provide or use false information to obtain access to a business’ listing on the Properties that you are not legally entitled to claim. You acknowledge that any false claiming of a business may cause MAS or third parties to incur substantial economic damages and losses for which you may be held accountable.
Ownership of Content
A. Your Content
You own all content you submit to the website, including but not limited to profile information, reviews, images, messages, and any other materials ("Your Content"). By submitting Your Content you hereby irrevocably grant us a perpetual, world-wide, non-exclusive, royalty-free, sublicensable and transferable license and right to use Your Content for any purpose and in any media now existing or in the future. You also irrevocably grant the users of the website and third party websites, mobile applications and other platforms who obtained Your Content from us ("Third Party Properties") the same right you have granted to us herein to use Your Content in connection with their use of the website and Third Party Properties. By "use" we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, and in the case of Third Party Properties, allow their users and others to do the same. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against us, any Third Party Properties and our and their users.
You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You may be held liable for Your Content.
In submitting Your Content to us, you represent that:
- You are the sole author of Your Content, and Your Content are not copied from or based on, in whole or in part, any other work or website, except works in the public; and
- Use of Your Content by us, Third Party Properties and our and their users will not violate or infringe any right of yours or any third party.
Lastly, you agree that any of Your Content submitted to us will not:
- Be unlawful, harmful,threatening, abusive, harassing, tortious, indecent, defamatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable;
- Contain material that violates the standards of good taste or the standards of the website;
- Violate any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
- Accuse others of illegal activity, or describe physical confrontations and/or sexual harassment;
- Contain material that is illegal, or that violates any federal, state, or local law or regulation;
- Contain language or images intended to impersonate another person or offensive or inappropriate user names or signatures;
- Disguise or attempt to disguise the origin of Your Content;
- Be commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes or other advertising materials;
- Assert or imply that Your Content is in any way sponsored or endorsed by us; or
Contain material that is not in English;
- Be a shill or a deceptive advertisement or cause, or be a result of, a conflict of interest;
each as determined in our sole discretion.
We may use, post or refuse to post, disable from view, remove or reinstate any content (including Your Content) in our sole discretion. Without limiting the generality of the foregoing, we may, but are not obligated to, hide or remove any of Your Content that we determine, in our sole discretion, to be in violation of the terms hereof. We are not obligated to return any of Your Content to you under any circumstances.
B. Our Content
We are the sole and exclusive copyright owners of the website and our content, including, but not limited to; interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, reports and other usage-related data in connection with your business, and all other elements and components of the website excluding Your Content and third party content ("Our Content").
We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the website and Our Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws.
You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of Our Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the website, Our Content or our IP Rights.
C. Copyright Infringement
If you believe that your copyright has been or is being infringed upon by material found on the website, you are required to follow the below procedure to file a notification pursuant to the U.S. Digital Millennium Copyright Act (the "DMCA"). You may be subject to liability under Section 512(f) of the DMCA if you knowingly make any misrepresentations on a take-down notice:
- Identify in writing the copyrighted material that you claim has been infringed upon;
- Identify in writing the material on the Properties that you allege is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (for example, the user name of the alleged infringer and the business listing it is posted under);
- Include the following statement: "I have a good faith belief that the use of the content on the website as described above is not authorized by the copyright owner, its agent, or law.";
- Include the following statement: "I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner’s behalf.";
- Provide your contact information including your address, telephone number, and e-mail address (if available);
- Provide your physical or electronic signature; and
Send the written communication to:
P.O. Box 320
Carmichael, CA 95609
No Endorsement of Content
Some of the content available through the website may include materials that belong to third parties. We also obtain business addresses, phone numbers and other contact information from third party vendors, including without limitation Localeze, Inc., who obtain their data from public sources. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the website. We do not screen or investigate third party material before or after including them on our website.
We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the website. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the website, but shall not be liable for any delay or inaccuracies related to such updates.
Third party content, including those posted by our users, do not reflect our views or that of our parent, subsidiary, affiliated companies, employees, officers, or directors.
In addition, none of the content available through the website is endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content or any third party content. In addition, we do not assume responsibility or liability for any claims, damages or losses resulting from your reliance or use of the website, any Third Party Properties or the materials contained herein or therein.
Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
Restrictions on Use
Without limiting the generality of these Terms, you specifically agree not to do the following while using the website:
- Use the Properties for illegal or unauthorized uses;
- Impersonate any person or entity;
- 'Stalk' or harass other users or persons;
- Infringe any patent, trademark, trade secret, service mark, copyright, or other intellectual property right of another person;
- Access or use the account of another user without permission;
- Solicit, spam or otherwise advertise to users and/or business using Our Content or the Properties;
- Harm minors in any way;
- Falsely state or misrepresent your affiliation with another person or entity;
- Distribute computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with, disrupt, or destroy the functionality or use of any features of the Properties;
- Distribute unsolicited or unauthorized advertising, surveys, contests, promotional materials, 'junk mailh, 'spam', 'chain letters', 'pyramid schemes', or other messages for any purposes;
- Interfere with, disrupt, or destroy the servers or networks connected to the Properties, or disobey any rules or regulations applicable to such servers or networks;
- 'Hack' or access without permission our proprietary or confidential records, those of another user, or those of anyone else;
- Violate any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
- Decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the website;
- Violate any applicable law, rule, or regulation (for example, by disclosing or trading on inside information in violation of securities law);
- Remove, circumvent, disable, damage or otherwise interfere with security-related features, or features that enforce limitations on use of, the Properties; and/or modify, copy, publish, license, sell, rent, lease, lend, transfer or otherwise commercialize any rights of the website or Our Content;
each as determined in our sole discretion.
Privacy and Security
We make efforts to maintain the security of user submissions. We arrange for encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information and conduct our business. However, we do not guarantee the security of the website, our records, your submissions, or anything else. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause. You are encouraged to install and maintain up-to-date security software on your computer.
Disclaimer of Warranties and Limitation of Liability
A. Disclaimer of Warranties
YOU BEAR THE ENTIRE RISK OF USING THE PROPERTIES AND ANY PRODUCTS OR SERVICES INCLUDED OR ADVERTISED ON, OR LINKED TO FROM, THE PROPERTIES. WE MAKE NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF THE INFORMATION CONTAINED, OR PRODUCTS OR SERVICES OFFERED IN THE PROPERTIES. THE INFORMATION MAY CONTAIN ERRORS OR OMISSIONS, FOR WHICH WE EXPRESSLY DISCLAIM ANY LIABILITY. THE PROPERTIES AND THE ENTIRE CONTENTS THEREOF ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
WE MAKE NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING THE COMPATIBILITY OF OUR PROPERTIES WITH ANY PARTICULAR SOFTWARE OR HARDWARE DEVICES. YOUR USE OF THE PROPERTIES IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR SOFTWARE OR HARDWARE DEVICE(S) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE PROPERTIES.
B. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE PROPERTIES OR ANY PRODUCTS OR SERVICES INCLUDED OR ADVERTISED IN THE PROPERTIES, WHETHER THE CLAIM FOR DAMAGES IS BASED ON CONTRACT, TORT, OR OTHERWISE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US, IF ANY, FOR THE USE OF THE PROPERTIES.
You agree to indemnify, defend, and hold harmless us and our affiliates, subsidiaries, successors, assignees, licensees, directors, officers, employees, agents, contractors, vendors, business partners, owners, and professional advisors from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable attorney fees) related to (i) Your Content, (ii) your unauthorized use of the Properties, or products or services included or advertised in the Properties; or (iii) your breach of these Terms.
B. Data Fees
Data, messaging, or other ISP and carrier fees may apply in your use of the website.
The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms. These Terms shall not be construed against us on the grounds that we conducted or arranged for the drafting of the Terms.
D. Governing Law/Dispute Resolution
These Terms are governed exclusively by the laws of the State of California and the United States. Any controversy or claim relating to these Terms or the Properties shall be submitted to the judicial courts located in Sacramento County in the State of California. You consent to the exclusive jurisdiction of those courts. You must commence any legal action against us within one (1) year after the alleged harm initially occurs. Failure to commence the action within that period shall forever bar any claims or causes of action regarding the same facts or occurrence. WHERE PERMITTED BY LAW, YOU HEREBY WAIVE YOUR RIGHTS TO A JURY TRIAL.
If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.
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