These Terms constitute a binding agreement between You and the Momaboard website and are deemed accepted by You each time that You use or access any Momaboard or Momaboard services. If You do not accept the Terms stated here, do not use the Momaboard Sites and the Momaboard Services.
Momaboard may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You.
Users who violate these Terms may have their access and use of Momaboard suspended or terminated, at Momaboard’s discretion.
You must be 13 years of age or older to visit or use Momaboard in any manner, and, if under the age of 18 or the age of majority as that is defined in Your jurisdiction, must use Momaboard under the supervision of a parent, legal guardian, or other responsible adult. By visiting the Momaboard Site or accepting these Terms, You represent and warrant to Momaboard that You have reached the age of majority in your jurisdiction, and that You have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to Momaboard that You will use the Momaboard Sites in a manner consistent with any and all applicable laws and regulations.
Use of Momaboard Content
Momaboard authorizes You to view and access a single copy of the content available on or from the Momaboard Sites solely for your personal use. The contents of the Momaboard Sites such as text, graphics, images, logos, button icons, software and other Momaboard content (collectively, “Momaboard Content”), are protected under both United States and foreign copyright, trademark and other laws. All Momaboard Content is the property of Momaboard or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Momaboard Sites is the exclusive property of Momaboard and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the Momaboard Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Momaboard Content on any authorized copy You make of the Momaboard Content.
You agree not to sell or modify the Momaboard Content or reproduce, display, publicly perform, distribute, or otherwise use the Momaboard Content in any way for any public or commercial purpose, in connection with products or services that are not those of the Momaboard Sites, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Momaboard or its licensors, that dilutes the strength of Momaboard’s or its licensor’s property, or that otherwise infringes Momaboard’s or its licensor’s intellectual property rights. You further agree to in no other way misuse Momaboard Content that appears on this Site. The use of the Momaboard Content on any other Web site or in a networked computer environment for any purpose is prohibited. Any code that Momaboard creates to generate or display any Momaboard Content or the pages making up any Momaboard Site is also protected by Momaboard’s copyright and you may not copy or adapt such code.
Momaboard Site Restrictions.
Users may not use any Momaboard Site in order to transmit, post, distribute, store or destroy material, including without limitation, Momaboard Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
Users are also prohibited from violating or attempting to violate the security of any Momaboard Site, including without limitation, the following activities: (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any Momaboard Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. Momaboard will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
If notified by a User of User Content or other materials which allegedly do not conform to these Terms, Momaboard may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. Momaboard has no liability or responsibility to Users for performance or nonperformance of such activities.
User Content and Submissions.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by You on or through a Momaboard Site (“User Content”) is the sole responsibility of the person from which such User Content originated. Momaboard claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through Momaboard and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through Momaboard, you grant Momaboard a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content through Momaboard. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant Momaboard a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting Momaboard services. Momaboard will discontinue this licensed use within a commercially reasonable period after such User Content is removed from Momaboard. Momaboard reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.
You also represent and warrant that You have the right to grant or that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If you post User Content in any public area of any Momaboard Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any Momaboard Site retains any and all rights that may exist in such User Content.
Momaboard acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, Momaboard may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any Momaboard Site. Momaboard reserves the right to expel Users and prevent their further access to the Momaboard Sites and/or use of the Momaboard Services for violating the Terms or applicable laws, rules or regulations. Momaboard may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Momaboard, damage Momaboard’s brand or public image, or cause Momaboard to lose (in whole or in part) the services of its ISPs or other suppliers.
Momaboard does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
The following is a partial list of User Content that is prohibited on the Momaboard Sites. The list below is for illustration only and is not a complete list of all prohibited User Content.
• is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
• harasses, incites harassment or advocates harassment of any group or individual;
• involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
• promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
• contains restricted or password only access pages, or hidden pages or images;
• displays or links to pornographic, indecent or sexually explicit material of any kind;
• provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
• provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating any media; and
• solicits passwords or personal identifying information from other Users.
In order to protect our Momaboard Community Users from commercial advertising or solicitation, Momaboard reserves the right to restrict the number of e-mails which a User may send to other Users to a number which Momaboard deems appropriate in its sole discretion.
Momaboard may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Momaboard, damage Momaboard’s brand or public image, or cause Momaboard to lose (in whole or in part) the services of its ISPs or other suppliers. While Momaboard reserves the right in its sole discretion to remove User Content, from the Momaboard Sites from time to time, Momaboard does not assume any obligation to do so and disclaims any liability for failing to take any such action.
Momaboard does not screen or censor the Profiles or User Content on the Momaboard Sites. Momaboard is not involved in the actual communications between Momaboard Community Users. As a result, Momaboard has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on the Momaboard Sites and makes no representations about any Profile or User Content on the Momaboard Sites.
In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom You come in contact through the Momaboard Sites. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using the Momaboard Sites.
Because User authentication on the Internet is difficult, Momaboard cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any Momaboard Site, in the event that You have a dispute with one or more Users, You release Momaboard (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
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 or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
The Momaboard Sites and the Momaboard Content may contain inaccuracies or typographical errors. Momaboard makes no representations about the accuracy, reliability, completeness, or timeliness of any Momaboard Site or the Momaboard Content. The use of all Momaboard Sites and the Momaboard Content is at your own risk. Changes are periodically made to Momaboard Sites and may be made at any time. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the Momaboard Sites. Employers are solely responsible for their postings on Momaboard Sites. Momaboard is not to be considered to be an employer with respect to your use of any Momaboard Site and Momaboard shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any Momaboard Site.
Momaboard cannot guarantee and does not promise any specific results from use of the Momaboard Sites. No advice or information, whether oral or written, obtained by a User from Momaboard through or from any Momaboard Site shall create any warranty not expressly stated herein.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN THE FTP PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT MOMABOARD DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO MOMBASSADORS AND USERS, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MOMABOARD EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MOMABOARD MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE CONTENT OR FTP PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MOMABOARD MAKES NO WARRANTY REGARDING THE QUALITY OF THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR FTP PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MOMABOARD OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY MOMBASSADORS AND USERS. YOU UNDERSTAND THAT MOMABOARD DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY RECOMMENDATIONS. MOMABOARD MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, MOMBASSADORS AND USERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY MOMABOARD. MOMABOARD EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR PARTICIPATION IN THE FTP PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF MOMABOARD WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER MOMABOARD NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE FTP PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MOMABOARD HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Links to Other Sites
The Momaboard Sites contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by Momaboard of the contents on such third-party Web sites. Momaboard is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at your own risk.
No Resale or Unauthorized Commercial Use
You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any Momaboard Site.
You agree to defend, indemnify, and hold harmless Momaboard, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any Momaboard Site, (ii) your use of any Momaboard Content, or (iii) your breach of the terms of these Terms. Momaboard shall provide notice to You promptly of any such claim, suit, or proceeding.
Term and Termination
These Terms will remain in full force and effect while You are a User of the Momaboard Sites at any level. Momaboard reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from the Momaboard Sites and the other Momaboard Sites and immediate termination of your registration with or ability to access the Momaboard Sites and the other Momaboard Sites and/or any other services provided to You by Momaboard, upon any breach by You of these Terms or if Momaboard is unable to verify or authenticate any information You submit to Momaboard.com or pursuant to other Momaboard Site registration. Even after You are no longer a User of the Momaboard Sites, certain provisions of these Terms will remain in effect.
These Terms constitute a binding agreement between You and Momaboard, and is accepted by You upon your use of a Momaboard Site.