Mamabread, LLC
Date of Last Revision: May 14, 2009
Mamabread, LLC ("Mamabread" or "we") operates Mamabread.com, which is a social networking service that allows users to connect and help each other towards positive change, both at the individual level as well as a collective community. The services offered by Mamabread include any Mamabread-branded URL (the "Mamabread Website"), the Mamabread community mobilization platform, the Mamabread application developer service, Mamabread mobile services, and any other features, content, or applications offered from time to time by Mamabread in connection with Mamabread’s business (collectively, the "Mamabread Services"). Mamabread is hosted in the United States. By using MB, you are consenting to have your personal data transferred to and processed in the United States.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of Mamabread. By accessing or using our web site at www.mamabread.com or the mobile version thereof (together the "Site"), you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Mamabread Website, including through a mobile device, or otherwise use Mamabread without being registered) or you are a "Member" (which means that you have registered with Mamabread). The term "User" refers to a Visitor or a Member. You are only authorized to use Mamabread (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement.
Mamabread may modify this Agreement from time to time and such modification shall be effective upon posting by Mamabread on the Mamabread Website. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use.
If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the Mamabread Website and discontinue use of Mamabread immediately. If you wish to become a Member, you must read this Agreement and indicate your acceptance during the registration process.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
Please choose carefully the information you post on or though Mamabread and that you provide to other Users. Your Mamabread profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other Mamabread Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Mamabread assumes no responsibility or liability for this material. If you become aware of misuse of Mamabread by any person, please click on the "Contact Mamabread" link at the bottom of the Mamabread pages.
Mamabread reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of Mamabread at any time, for any or no reason, with or without prior notice or explanation, and without liability. Mamabread expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of Mamabread if Mamabread determines, in its sole discretion, that you have violated this Agreement or pose a threat to Mamabread and/or its Users.
1. Eligibility. Membership in Mamabread is void where prohibited. This Site is intended solely for users who are thirteen (13) years of age or older, and users of the Site under 18 who are currently in high school or college. Any registration by, use of or access to the Site by anyone under 13, or by anyone who is under 18 and not in high school or college, is unauthorized, unlicensed and in violation of these Terms of Use. By using Mamabread or the Site, you represent and warrant that you are 13 or older and in high school or college, or else that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use Mamabread or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Mamabread may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 4-6.
3. Registration Data; Account Security. In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Mamabread, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
4. Proprietary Rights in Site Content; Limited License. All content on the Site and available through Mamabread, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
5. Content Posted.
5.1 Mamabread may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Mamabread violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Mamabread assumes no responsibility for monitoring Mamabread for inappropriate Content or conduct. If at any time Mamabread chooses, in its sole discretion, to monitor Mamabread, Mamabread nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
5.2 You are solely responsible for the Content that you post on Mamabread, and any material or information that you transmit to other Members and for your interactions with other Users. The opinions and views expressed by Mamabread's members or visitors do not necessarily represent those of Mamabread and Mamabread does not verify, endorse, or vouch for the Content of such page(s). If you believe that any of the Content posted by our members or visitors violates your proprietary rights, including copyrights, please contact our Designated Agent to Receive Notification of Claimed Infringement identified below.
5.3 Anything contained herein to the contrary notwithstanding, by submitting Content to Mamabread, through member pages, message boards, forums, contests and chat rooms, you grant Mamabread and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Content. In addition by submitting content to Mamabread, you represent and warrant that the content is your original work, or if any part is not your original work, you represent and warrant 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. You also permit anyone to access, display, view, store and reproduce such Content for personal use. Subject to the foregoing, the owner of such Content placed on Mamabread retains any and all rights that may exist in such Content. A back-up or residual copy of the Content posted by you may remain on the Mamabread servers after you have removed the Content and Mamabread retains the right to those copies.
5.4 Infringement Policy and the Digital Millennium Copyright Act of 1998: As noted above, Mamabread does not allow any material that violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyright or trademark rights. If you don't own the copyright or have express authorization and documented permission to use it, don't put it on your site at Mamabread (if you do have express permission you must say so clearly on each page where such content is displayed). Mamabread will terminate the memberships of, and remove the pages of, repeat infringers. Mamabread complies with the provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA"). If you have a concern regarding the use of copyrighted material on the Mamabread website, please contact Mamabread's agent, designated below, to respond to reports alleging copyright infringement.
As such, Mamabread, pursuant to 17 U.S.C. Section 512 as amended by Title II of the DMCA, reserves the right, but not the obligation, to terminate your license to use the Mamabread websites if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Mamabread accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), Mamabread has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the DMCA. Our designated agent to receive notification of claimed infringement is: abuse@mamabread.com(email).
The DMCA specifies that all infringement claims regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must be in writing (either electronic mail or paper letter) and must include the following elements:
- A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly for other types of infringing materials, a list of such materials.
- Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
6. Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on Mamabread. Mamabread reserves the right to investigate and take appropriate legal action against anyone who, in Mamabread’s sole discretion, violates this provision, including without limitation, removing the offending Content from Mamabread and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Mamabread:
6.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
6.2 harasses or advocates harassment of another person;
6.3 exploits people in a sexual or violent manner;
6.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
6.5 solicits personal information from anyone under 18;
6.6 publicly posts information that poses or creates a privacy or security risk to any person;
6.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
6.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
6.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
6.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
6.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
6.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
6.13 involves commercial activities and/or sales without prior written consent from Mamabread such as contests, sweepstakes, barter, advertising, or pyramid schemes;
6.14 includes a photograph or video of another person that you have posted without that person's consent;
6.15 for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile; or
6.16 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on the Mamabread. Mamabread reserves the right to investigate and take appropriate legal action against anyone who, in Mamabread's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
6.17 criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
6.18 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Mamabread Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, Mamabread reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Mamabread deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the Mamabread Services, you acknowledge that you will have caused substantial harm to Mamabread, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Mamabread $50 for each such unsolicited email or other unauthorized commercial communication you send through the Mamabread Services;
6.19 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Mamabread Services;
6.20 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
6.21 covering or obscuring the banner advertisements on your personal profile page, or any Mamabread page via HTML/CSS or any other means;
6.22 any automated use of the system, such as, but not limited to, using
scripts to add friends or send comments or messages;
6.23 interfering with, disrupting, or creating an undue burden on the Mamabread Services or the networks or services connected to Mamabread;
6.24 impersonating or attempting to impersonate another Member, person or entity;
6.25 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
6.26 selling or otherwise transferring your profile;
6.27 using any information obtained from the Mamabread Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
6.28 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Mamabread Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, sending private messages with a commercial purpose; or
6.27 using Mamabread in a manner inconsistent with any and all applicable laws and regulations.
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