TERMS
OF USE AGREEMENT
When you ("You" or "User") use AmaraMoms (amaramoms.com)
and its related services ("Site") You agree to the following
terms and conditions (the "Agreement"). AmaraMoms ("AmaraMoms"
"us" or "we") may at our sole discretion revise
these terms from time to time, or at any time, by updating this
posting. Unless otherwise provided below, the revised terms will
take effect as soon as they are posted.
By continuing to use the site, you are indicating your acceptance
of and agreement to be bound by the terms of this agreement and
all revisions thereof.
Disclaimer
AmaraMoms is a community project designed to encourage parents
to share information with each other. No one reviews the postings
before they are published. We make no guarantee or warranty
that the information in AmaraMoms is accurate, legal, reliable,
or safe to practice. Nothing in AmaraMoms should be construed
as an attempt to offer legal, medical or other professional
advice. Neither AmaraMoms, nor the authors, editors, or users
of this site can be responsible for Your use of information
contained in or linked from this site
Re-publishing
We believe AmaraMoms has useful information that you can share.
However, this means you can use AmaraMoms publicly posted content
so long as you provide attribution to AmaraMoms. We encourage
free republication of our public content to help achieve AmaraMoms's
mission by offering advice and activities to even more people
for free. Our attribution requirements are easily satisfied.
For internet re-publishing a direct link back to the article
AND prominent text stating the material came from "Amaramoms.com
- It takes a virtual village" satisfies our attribution
requirement. For offline distribution, prominent attribution
to "Amaramoms.com - It takes a virtual village" will
suffice.
Copyright
As the author / copyright holder, You are free to use Your content
in any manner You choose.
When You post information, text, files, links, software, or
other materials ("Content") to the Site, You are granting
AmaraMoms, or warranting that the owner of such Content has
expressly granted AmaraMoms, a royalty-free, perpetual, irrevocable,
fully sub-licensable, non-exclusive right to use, reproduce,
modify, translate, adapt, publish, create derivative works therefrom
transmit, distribute, perform, display and delete such Content
(in whole or in part) worldwide and/or to incorporate such Content
in other works in any form, media or technology now known or
hereafter developed. Among other things, this grant allows AmaraMoms
the ability to display commercial advertising on the website.
This Site is intended to be used by Adults Only.
You must be 18 or over, or the legal age to form a binding contract
in your jurisdiction if that age is greater than 18 years of
age, to use or register on AmaraMoms. You may not use this site
unless you are at least 13 years old. In accordance with the
Federal Children's Online Privacy Protection Act of 1998 (COPPA),
AmaraMoms will never knowingly solicit nor will it accept personally
identifiable information from users known to be under thirteen
(13) years of age. Membership in AmaraMoms is void where prohibited
by applicable law, and the right to access AmaraMoms is revoked
in such jurisdictions. By using AmaraMoms, you represent and
warrant that you have the right, authority, and capacity to
enter into these Terms of Use and to abide by all of the terms
and conditions set forth herein. AmaraMoms is administered in
the US and intended for global users; any use outside of the
US is at the user's own risk and users are responsible for compliance
with any local laws applicable to their use of the service or
the website.
Registration and Security.
In order to use or access some of AmaraMoms, you may be required
to register with AmaraMoms and to select a password and user
name, which shall consist of an email address you own and use
("User ID"). If you register, you agree to provide
AmaraMoms with accurate, complete, and updated registration
information. Failure to do so shall constitute a breach of these
Terms of Use, which may result in immediate termination of your
account. You may not: (i) enter, select or use a false name
or an email address owned or controlled by another person with
the intent to impersonate that person, or, (ii) use as a User
ID a name subject to any rights of a person other than yourself
without appropriate authorization. AmaraMoms reserves the right
to refuse registration of, or cancel a User ID in its discretion.
You shall be responsible for maintaining the confidentiality
of your password and are fully responsible for all activities
that occur under your User ID and password. You agree to (a)
immediately notify AmaraMoms of any unauthorized use of your
User ID or password, and (b) ensure that you exit from your
account at the end of each session.
Provide Accurate Information
When asked to provide information, You agree that You will provide
true, accurate and complete information. You also agree that
You will maintain and update such information to maintain its
truth, accuracy and completeness. AmaraMoms reserves the right
to terminate Your use of the Site upon the discovery that the
information You provided is not complete or accurate or for
any other reason. Please edit your account if you need to update
your information we have on file.
Privacy
We strongly believe that each of our users has a right to maintain
their privacy. AmaraMoms does not use spy-ware, ad-ware, pop-up
ads, spam or other annoying or intrusive advertising. Once in
a while, we may ask your permission for an AmaraMoms affiliate
to contact you. You can decline, and we will not give out your
information. For more information, please read our privacy policy.
User Obligations.
You agree not to do any of the following while using the Site:
violate any applicable law, statue, ordinance or regulation;
post or transmit any Content that is unlawful, untrue, harassing,
libelous, defamatory, abusive, tortuous, threatening, harmful
(including but not limited to viruses, corrupted files, or any
other similar software or programs) or otherwise objectionable;
access, tamper with or use non-public areas of the Site. Unauthorized
individuals attempting to access these areas of the Site may
be subject to prosecution;
gather and use information, such as other users' user names,
real names, email addresses, available from the Site to transmit
any unsolicited advertising, "junk mail", "spam",
or "chain letters;" post false or misleading information
about a product or service; or
impersonate or misrepresent Your affiliation with any person
or entity; remove any copyright, trademark or other proprietary
rights notices contained in or on AmaraMoms.
reformat or frame any portion of the web pages that are part
of AmaraMoms; create user accounts by automated means or under
false or fraudulent pretenses; use any robot, spider, site search/retrieval
application, or other device to retrieve or index any portion
of AmaraMoms; take any action that imposes, or may impose in
our sole discretion, an unreasonable or disproportionately large
load on our IT infrastructure; collect or store personal data
about other users in connection with the aforementioned prohibited
activities.
Intellectual Property Policy
AmaraMoms respects the intellectual property of others and requires
users of the Site to do the same.
Pursuant to 17 United States Code 512(c)(2) (Digital Millennium
Copyright Act of 1998), AmaraMoms's designated agent for notice
of alleged copyright infringement appearing on our site is our
normal contact email which is available on our site. To file
a notice of infringement with us, you need to fulfill the requirements
specified in Title II of the Digital Millennium Copyright Act
of 1998. The text of this statute can be found at the U.S. Copyright
Office web site, http://www.loc.gov/copyright/legislation/dmca.pdf
(visited January 29, 2001).
Notices
AmaraMoms will give You any necessary notices by posting them
on the Site. You authorize AmaraMoms to send notices via electronic
mail as well if AmaraMoms decides, in its sole discretion, to
do so. You agree to check the Site for notices, and that You
will be considered to have received a notice when it is made
available to You by posting on the Site.
Links
The Site contains links to other web sites or resources. You
understand and agree that AmaraMoms is not responsible or liable
for (i) the availability or accuracy of such sites or resources;
or (ii) the content, advertising, or products on or available
from such sites or resources. The inclusion of any link on the
Site does not imply that we endorse the linked site. You use
the links at Your own risk.
Your Relationship with Merchants Who Use the Site
Your correspondence with merchants or advertisers found on the
Site, including payment and delivery of related goods or service,
and any other terms, conditions, warranties or representations
associated with such dealings, are solely between You and such
merchant or advertiser. You agree not to hold AmaraMoms liable
for any loss, damage, cost or expense of any sort incurred as
the result of any such dealings or as the result of the presence
of such merchants or advertisers on the Site.
Errors and Disclaimer of Warranties.
We do not guarantee that the information provided will be sufficient
or appropriate for every individual or situation. Consequently,
you use the site at your own risk.
Indemnity
You agree to defend, indemnify, and hold harmless AmaraMoms,
its officers, directors, employees, agents, attorneys, accountants,
consultants, and advisors and its Content Providers from and
against any claims, actions or demands, including without limitation
reasonable legal and accounting fees, made by any third party
due to or resulting from Your use of the Site or the Site Content
or Your violation of this Agreement.
General Provisions
You are responsible for compliance with applicable local laws,
keeping in mind that access to the Site Content may not be legal
by certain persons or in certain countries. You understand that
by using AmaraMoms, you may be exposed to content that is offensive,
indecent or objectionable. Under no circumstances will AmaraMoms
be liable in any way for any content, including any errors or
omissions in any content, or any loss or damage of any kind
incurred as a result of your use of any content. If any part
of this Agreement is held to be unenforceable, the unenforceable
part shall be given effect to the greatest extent possible and
the remainder will remain in full force and effect. This Agreement
is personal to You and You may not transfer, assign or delegate
this Agreement to anyone without the express written permission
of AmaraMoms. Any attempt by You to assign, transfer or delegate
this Agreement without the express written permission of AmaraMoms
shall be null and void. This Agreement will be governed by the
law of California, U.S.A, without regard to its conflicts of
law provisions and venue and jurisdiction shall solely and exclusively
be in Santa Clara county. The Agreement comprises the entire
agreement between You and AmaraMoms with respect to the use
of the Site and supersedes all prior agreements between the
parties regarding the subject matter contained herein. We suggest
that You print out a copy of this Agreement for Your records.
AmaraMoms is a proprietary service mark of AmaraMoms.
AMARAMOMS PRIVACY POLICY
The policy below is applicable to all AmaraMoms sites and to
www.amaramoms.com in general.??Your privacy on the Internet
is important to us. We have created this privacy statement in
order to demonstrate our firm commitment to your privacy. As
part of the operations of AmaraMoms, we gather certain types
of information about AmaraMoms users. This AmaraMoms Privacy
Policy (the "Privacy Policy") explains the types of
information we gather, what we do with it and how you may correct
or change information that AmaraMoms may collect.??
Information Collected by AmaraMoms?
AmaraMoms collects two types of information about users: personal
information (such as name and e-mail address) and aggregate
information (such as information about how many users log on
to our sites on a daily basis).??
Personal Information
Personal information is collected when users voluntarily register
for membership services. Personal information includes e-mail
addresses, user registration data, passwords, external homepages,
gender, birth date, children and any other user data. We may
also receive personal usage and demographic information from
third-party partners, and we also collect e-mail addresses from
users who send us support mail or request technical or other
help. This information enables AmaraMoms to improve its sites
to make your online visits more productive and enjoyable.??Our
site's registration form requires users to, among other information,
give us a valid e-mail address. We use customer e-mail addresses
from the registration form to inform you of the status of your
Member Details Page, comments to articles you are watching or
have written, new articles by Members you are watching, new
membership benefits and features, to let you know of urgent
problems on our site, and to present opportunities that are
appropriate to the interests of our community.??
Aggregate Information
One method of collecting aggregate information about your activities
online (such as the pages you access most frequently or the
search terms you enter), and information volunteered by you
(such as survey or registration information), is by tracking
Internet Protocol (IP) addresses. An IP address is a number
that is automatically assigned to your computer whenever you
surf the Web. The computers that deliver the Web pages to you
automatically identify your computer by its IP address. When
you request a page from one of our sites, our servers log your
IP address. AmaraMoms sites record IP addresses for the purpose
of system administration and to provide aggregate data to third
parties. We also use your IP address to help diagnose problems
with our server, and to administer our Web site. In addition,
your IP address is used to help identify you and to gather broad
demographic information.??
Sharing Data with Third Parties
AmaraMoms shares aggregate information with third parties for
advertising and promotional purposes. AmaraMoms may also share
personal information with consultants and affiliates for internal
business purposes and may divulge personal information if such
information is subpoenaed, or if AmaraMoms believes that membership
has been used to commit unlawful acts, or acts that may endanger
the health or safety of another user or of the general public.??
Use of Cookies
AmaraMoms uses 'cookies' to record information. A cookie is
a small data file that Web sites store on your hard drive when
you visit them. Cookies allow us to measure activity on our
sites and to improve your user experience by remembering your
passwords and viewing preferences, and allowing you to visit
various members-only parts of our sites without re-registering.
Cookies allow us to determine which areas and features of our
sites are most popular by measuring user activity. This information
allows us to make improvements and updates to improve your AmaraMoms
experience. AmaraMoms does not use cookies to retrieve any information
from your computer.??Most browsers are set to accept cookies.
If you prefer, you may set your browser to refuse cookies or
to alert you when cookies are being sent. However, some parts
of our site, such as the members-only areas may not function
properly if you choose not to accept cookies.??
Links to Third Parties
This site contains links to sites other than our own. Those
sites may not follow the same privacy policies as AmaraMoms.
Such links may be to advertisers, content providers or partners
who may use our logo and/or style as a result of a co-branding
or application service provider agreements. These sites may
send their own cookies to you, and may collect information and
use it in a way inconsistent with AmaraMoms privacy policy.
Such sites may contain information that content providers independent
of AmaraMoms have created, maintained, published, posted or
otherwise made available.??The use of any information or materials
that you may access at these external sites is purely voluntary.
You should not rely on the contents without independent and
thorough review of the accuracy, completeness, effectiveness,
timeliness and correct sequencing. These external sites may
also refer to specific commercial products, processes, or services
by trade name, trademark, service mark, manufacturer or otherwise.
Unless AmaraMoms has provided explicit authority, such references
in no way indicate our endorsement, recommendation or preference.??AmaraMoms
also uses a third-party ad company to display ads on our site.
These ads may contain cookies. While we use cookies in other
parts of our Web site, cookies received with such ads are collected
by our ad company, and we do not have access to this information.?
Third Party Advertising
We may use third-party advertising companies to serve ads when
you visit our Web site. These companies may use information
(not including your name, address, email address or telephone
number) about your visits to this and other Web sites in order
to provide advertisements on this site and other sites about
goods and services that may be of interest to you.
Third Party Cookies
In the course of serving advertisements to this site, our third-party
advertiser may place or recognize a unique "cookie"
on your browser.??
Forum
Information posted to articles, message boards, chat areas,
and member bio areas is available to the general public and
becomes public information. In addition, the site offers to
visitors the possibility to provide their own content. ??
Choice to Opt-Out
We give users the option to remove their e-mail address from
our database at any time and to not receive future communications
Correct/Update
This site provides users with options for changing and modifying
information previously provided.
Additional Information
No transmission of data over the Internet is guaranteed to be
completely secure. It may be possible for third parties not
under the control of AmaraMoms to intercept or access transmissions
or private communications unlawfully. While we strive to protect
your personal information, AmaraMoms cannot ensure or warrant
the security of any information you transmit to us. Any such
transmission is done at your own risk.??Under no circumstances,
including but not limited to negligence, shall AmaraMoms be
liable for any special, incidental or consequential damages
that result from the use of the information or materials on
AmaraMoms sites, even if AmaraMoms or an authorized representative
of AmaraMoms, has been advised of the possibility of such damages.
AmaraMoms reserves the right to change this Privacy Policy at
any time. Any such changes will be posted online.?Use of this
site means that you have understood and agreed to comply with
the entire privacy policy.?