The following “Terms of Use” govern your use of the Mommybites.com web site (“Service”) made available by Queens Family Media LLC (“QFM”):
Please read the Terms of Use carefully before you start to use the Service. By using the Service or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Service.
This Service is offered and available to users who 18 years of age or older. By accepting these Terms of Use and using Service, you represent and warrant that you are of legal age to form a binding contract with QFM and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Service following the posting of revised Terms of Use means that you accept and agree to the changes.
1. License To Use the Service
(a) QFM does obligate itself to review or pre-screen the content and data uploaded or posted to the Service (“User Content”) by Authorized Users (as defined below), and QFM claims no intellectual property rights with respect to the User Content.
(b) You agree not to reproduce, modify, duplicate, copy, sell, resell or exploit access to the Service, use of the Service, or any portion of the Service, including, but not limited to any of the code, visual design or other elements without the express written permission from QFM.
(e) You agree not to use the Service in any manner which may infringe copyright or intellectual property rights or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or in violation of these Terms of Service.
(f) You agree not to use the Service to upload, post, host, or transmit unsolicited bulk e-mail “Spam”, short message service “SMS” messages, viruses, self-replicating computer programs “Worms” or any code of a destructive or malicious nature.
(g) The Service is protected by United States and international copyright laws and treaties, as well as other laws and treaties. Except for the non-exclusive license granted pursuant to this Agreement, you acknowledge and agree that all ownership, license, intellectual property and other rights and interests in and to the Service shall remain solely with QFM.
(h) QFM reserves the right, at any time, in its sole discretion, to take any action deemed necessary with respect to User Content that violates these Terms of Service, including, but not limited to, removal of such User Content.
(i) QFM reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, any feature associated with the Service, with or without notice. Continued use of the Service following any modification constitutes your acceptance of the modification. QFM reserves the right to permanently discontinue the entire Service on no less than 90 days’ notice, unless exigent or legal circumstance require a shorter time period in QFM’s sole discretion.
(j) QFM reserves the right to temporarily suspend access to the Service for operational purposes, including, but not limited to, maintenance, repairs or installation of upgrades, and will endeavour to provide reasonable notice prior to any such suspension.
2. Access Charges
(a) Subscribers paying for access shall provide QFM with a valid credit card for payment of the access fee. All access fees are exclusive of all federal, state, municipal or other taxes.
(b) No refunds or credits will be issued.
(c) All prices are subject to change upon notice.
3. Monitoring and Enforcement; Termination
(a) QFM has the right to:
(i) Remove or refuse to post any User Content for any or no reason in QFM’s discretion.
(ii) Take any action with respect to any User Content that QFM deems necessary or appropriate in its sole discretion, including if QFM believes that such User Content violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, creates any threats, or could create liability for QFM.
(iii) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
(iv) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
(v) Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Use.
(vi) Without limiting the foregoing, QFM has the right to fully cooperate with any law enforcement authorities or court order requesting or directing QFM to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS QFM AND ITS EMPLOYEES AND AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
4. Reliance on Information Posted
The information presented on or through the Service is made available solely for general information purposes. QFM does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. QFM disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents. QFM is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties through the Service.
5. Links from the Website
If the website or Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. QFM have no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
6. Cancellation and Termination
(a) QFM, in its sole discretion, has the right to suspend or discontinue providing the Service to any Subscriber without notice for non-compliance with these Terms of Use, and pursue any other remedy legally available to it.
(b) Upon cancellation or termination of a subscription, all User Content associated with such subscription may, at the sole discretion of QFM, be immediately and irrevocably deleted from the Service.
7. Limited Warranty and Limitation of Liability
(A) YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND QFM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
(B) QFM, ITS AFFILIATES, AND ANY OFFICER, DIRECTOR, EMPLOYEE, SUBCONTRACTOR, AGENT, SUCCESSOR, OR ASSIGN OF QFM OR ITS AFFILIATES DO NOT WARRANT THAT:
(I) THE SERVICE WILL MEET ANY SPECIFIC REQUIREMENTS;
(II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;
(IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICE WILL MEET ANY EXPECTATIONS; AND
(V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
(C) WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR CONTENT DOWNLOADED FROM THE SERVICE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE.
(D) QFM, ITS AFFILIATES, AND ANY OFFICER, DIRECTOR, EMPLOYEE, SUBCONTRACTOR, AGENT, SUCCESSOR, OR ASSIGN OF QFM OR ITS AFFILIATES, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF QFM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF A SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF AUTHORIZED USER TRANSMISSIONS OR CONTENT;
(iv) ANY PRICE CHANGE, SUSPENSION OR DISCONTINUANCE OF THE SERVICE;
(v) ANY LOSS OF CONTENT, MODIFICATION TO A FEATURE OR TO THE SERVICE ITSELF;
(vi) ANY LOSS OF CONTENT SUBSEQUENT TO A CANCELLATION OR TERMINATION OF A SUBSCRIPTION TO THE SERVICE;
(vii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(viii) ANY OTHER MATTER RELATING TO THE SERVICE.
8. Indemnification
You agree to defend, indemnify and hold harmless QFM, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Service, including, but not limited to, your User Content, any use of the Service or related products other than as expressly authorized in these Terms of Use.
9. Miscellaneous
(a) QFM does not guarantee, warrant or covenant to provide any level of technical support.
(b) You acknowledge and agree that QFM may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
(c) You acknowledge and agree that the technical processing and transmission of data associated with the Service, including User Content, may be transmitted unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
(d) No waiver by QFM of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of QFM to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
(e) The Terms of Use constitutes the entire agreement between you and QFM and govern your use of the Service, superseding any prior agreements between you and QFM (including, but not limited to, any prior versions of the Terms of Use).
(f) You may not assign your rights or delegate your duties under this license to access the Service without the prior written consent of QFM.
(g) If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
(h) All matters relating to the Service and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Service shall be instituted exclusively in the state or federal courts of the United States located in the County of New York, in the City of New York in the State of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.