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MomLife TV, LLC Terms of Use


 

Welcome to MomLifeTV.

MomLifeTV is a woman’s lifestyle media network with programming and content created just for Moms. Our mission is to empower women to create positive changes for their families, in their communities and the world. As the first and primary role model in a child’s life, Moms are the sculptors of our next generation.

This Terms of Use define how you may enter our world and make it yours.

IMPORTANT:

THE CONTENT AVAILABLE VIA THE MOMLIFETV.COM WEB SITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER MOMLIFETV NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING MEDICAL OR HEALTHCARE ADVICE OR DIAGNOSIS, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE. SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AND INFORMATIONAL AID. IT IS NOT INTENDED TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL TOPICS DISCUSSED ON THE SITE AND NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED IN THE SITE OR THE SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE OR THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK.

A. USER ACCEPTANCE OF TERMS

The web pages available at MomLifeTV (www.MomLifeTV.com), and all linked pages ("Site"), are owned and operated by MomLifeTV, LLC ("MomLifeTV", “we,” or “us” or “our.”), a New Jersey limited liability company, and is accessed by you under the Terms of Use described below ("Terms of Use").   

If you have any questions or concerns with respect to this Agreement or the web site you may contact us: legal@momlifetv.com.

By accessing the MomLifeTV and/or by clicking "I agree", you agree to be bound by these Terms of Use. You hereby represent and warrant to MomLifeTV that you are at least thirteen (13) years of age or and otherwise capable of entering into and performing legal agreements, and that you agree to be bound by the following terms and conditions. If you use the MomLifeTV on behalf of a business, you hereby represent to MomLifeTV that you have the authority to bind that business and your acceptance of these Terms of Use will be treated as acceptance by that business. In that event, "you" and "your" will refer to that business in these Terms of Use.

When using the MomLifeTV, you will be subject to the MomLifeTV Privacy Policy and any additional posted policies, guidelines or rules applicable to specific services and features which may be posted from time to time (collectively, the "Policies"). All such Policies are hereby incorporated by reference into these Terms. In the case of any inconsistency between these Terms of Use and any other document that has been incorporated by reference herein, these Terms of Use shall control. 

MomLifeTV reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the Website. Please check these Terms and any Policies periodically for changes. Your continued use of the MomLifeTV after the posting of changes constitutes your binding acceptance of such changes. Except as stated elsewhere, such amended Terms will automatically be effective thirty (30) days after they are posted on MomLifeTV.

1. GENERAL

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. MOMLIFETV'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY MOMLIFETV, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF MOMLIFETV WEB SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW. MomLifeTV, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MOMLIFETV MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA MomLifeTV. MomLifeTV DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MomLifeTV WEB SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MomLifeTV WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL MOMLIFETV, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MomLifeTV WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.  YOU SPECIFICALLY ACKNOWLEDGE THAT MOMLIFETV. MOMLIFETV SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnity

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MOMLIFETV, ITS PARENT CORPORATION, OFFICERFS, DIRECTORS, EMPOLYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSES, LIABILITIES, COST OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIIMITED TO ATTORNEY’S FEES) ARISING FROM: (i) YOUR USE OF AND ACCESS TO MOMLIFETV; (ii) YOUR VIOLATION OF ANY TERM OF THESE TERMS OF SERVICE; (iii) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRGHT, PROPERTY, OR PRIVACY RIGHT, OR (iv) ANY CLAIM THAT ONE OF YOUR USER SUBMISSIONS CAUSED DAMAGES TO A THIRD PARTY (vi) AND EXCDPT AS EXPRESSLY AUTHORIZED BY MOMLIFETV WE PERMIT YOU TO LINK TO MOMLIFETV FOR PERSONAL, NONCOMMERCIAL PURPOSES ONLY.  THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE MomLifeTV  WEB SITE.

2. MODIFICATIONS OF TERMS OF USE

MomLifeTV reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, such change shall be posted on the web site.  What constitutes a "material change" will be determined at MomLifeTV 's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.

3. DESCRIPTION OF SERVICE

Subject to full compliance with the Terms of Use, MomLifeTV may offer to provide certain services and content, ("Services") described more fully on the Site. Services shall include, but not be limited to, any service and content MomLifeTV performs for you, as well as the offering of any materials displayed or performed on the Site (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio and video, also known as the "Content" or “Material”) on the Site. MomLifeTV may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or Content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

MomLifeTV and the videos, articles, comments and other features therein are for informational purposes only and provided "as is" without warranties, representations, or guarantees of any kind. Content should never be used as a substitute for advice from a qualified professional. Sponsors shall not be liable for the accuracy, usefulness or availability of any MomLifeTV content, and you agree to hold MomLifeTV and its Sponsors harmless from any loss, harm, injury or damage resulting from or arising out of your use of or reliance on any MomLifeTV content. The views and opinions expressed in articles or columns do not necessarily represent those of MomLifeTV and its Sponsors.

4. PRIVACY POLICY

www.MomLifeTV.com is a website owned and operated by MomLife TV, LLC. For the purposes of this Privacy Policy, both www.MomLifeTV.com and MomLife TV, LLC are collectively referred to as MomLifeTV. We recognize that you care about how your personal information is used and shared, and we take your privacy seriously. By visiting the MomLifeTV website you are accepting the practices outlined in this Privacy Policy. MomLifeTV current privacy policy is available at www.MomLIfeTV.com/privacy ; and is incorporated as part of these Terms and Conditions. We respect your privacy and the use and protection of your non-public and personally identifiable information (“Personal Information”). 

Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of our web site. 

What This Privacy Policy Covers

  • This policy covers how MomLifeTV treats personal information that collects and receives, including information related to your past use of MomLifeTV products, services and other offerings that may be made available through MomLifeTV web site from time to time. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available.
  • This policy does not apply to the practices of companies that MomLifeTV does not own, control, or to people that MomLifeTV does not employ or manage. In addition, most of our partner companies have their own privacy statements which may be viewed on their respective sites.

5. YOUR REGISTRATION OBLIGATIONS

Membership and access to our site is free. You can watch videos and read text without having a MomLifeTV account. However certain parts of the site may require registration.  As a condition to using certain Services, you may be required to register with MomLifeTV and select a password and screen name ("MomLifeTV User ID"). You shall provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your MomLifeTV account. You may not (i) select or use as a MomLifeTV User ID a name of another person with the intent to impersonate that person; (ii) use as a MomLifeTV User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a MomLifeTV User ID a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of, or cancel a MomLifeTV User ID at our sole discretion. You shall be responsible for maintaining the confidentiality of your MomLifeTV password.  Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.

6. USER CONDUCT

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by us. Infringers of the examples below will be terminated as users.

For example, and not as a limitation, you agree not to use the Services:

  • to abuse, harass, threaten, impersonate or intimidate other MomLifeTV users;
  • to contribute any Content whatsoever that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
  • for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content;
  • to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any MomLifeTV user;
  • to create or submit unwanted email ("Spam") to any other MomLifeTV users or any URL;
  • to violate any laws in your jurisdiction (including but not limited to copyright laws);
  • to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
  • with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
  • under no circumstances can a user distribute member only, not publicly released downloads.

MomLifeTV may remove any Content or accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: legal@MomLifeTV.com 

7. INTELLECTUAL PROPERTY

MomLifeTV does not claim ownership of the Content you place or otherwise make available through the Service. By submitting Content for inclusion on the Service, you grant us a world-wide, perpetual, royalty-free and non-exclusive license to use, reproduce, modify, adapt, publicly perform, publicly display and publish the Content solely for the purpose of providing and promoting the Service in any and all media. This license exists for as long as you elect to continue to include such Content on the Service and will terminate at the time you or we remove the Content from the Service. In addition, should you opt, while uploading content, to allow codes to be generated enabling others to link to your content and/or display it on their web pages, you agree that such content may be linked to or displayed by non-MomLifeTV web sites and you consent to such linking or display. Additional covenants, agreements and information are provided in the licensed host contract.

All aspects of the Service and the http://www.MomLifeTV.com web site, including but not limited to the graphics, text, audio, images, pictures, icons, movies, video, layout, and look and feel of the site is protected by copyrights, trademarks, service marks, and/or other proprietary rights under the laws of the U.S. and other countries. The web site and all the content contained therein are, among other things, protected as a collective work or compilation under applicable U.S. law and other laws and treaties. By using or accessing this Service you agree to comply with all state and federal laws that protect MomLifeTV proprietary interest in the material appearing on the Service and the web site. All Material and Content from the Service may be downloaded and/or reprinted for personal use only. Except as expressly authorized by us, you agree not to modify, rent, distribute, lease, loan, sell or exploit for any commercial purpose any portion of the Service, use of the Service, or access to the Service, and not to create derivative works based on the Service, in whole or in part for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

MomLifeTV does not receive confidential or proprietary information from you through the Service or by email. In the absence of an express written agreement between you and an authorized MomLifeTV employee, any Material, information or idea you transmit to us by any means may be disseminated or used by MomLifeTV, or its affiliates, without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to personal information that is subject to our privacy policy, which is subject to separate provisions.

8. CONTENT

In the event you submit content you acknowledge and agree that it shall be subject to use under a Content agreement between MomLifeTV and the submitter. 

Such property of MomLifeTV and/or its licensors, shall be protected by copyright, trademark, and/or other proprietary rights and laws (“Trademark”). 

Except as expressly authorized in advance by MomLifeTV, you agree not to copy, distribute, transmit, display, perform or create derivative works on the web site or any of the Materials, provided that, subject to your compliance with this Agreement, MomLifeTV grants  you a limited, personal, revocable, non-transferable and non-sub-licensable license to (a) access the site and the Materials via the Internet solely for purposes of viewing such Materials and (b) to print out pages of this site for your personal, non-commercial use.  The trademarks, logos, and service marks displayed on the site (collectively the “Trademarks”) are the registered and unregistered Trademarks of MomLifeTV, its licensors and suppliers, and others.  Nothing contained on the site should be construed as granting, by implication, estoppels or otherwise, any license or right to use any Trademark without the express written permission of MomLifeTV, licensors or suppliers, or the third party owner of any such Trademark.

A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials ("Content") is available on the Web Site. Some of the Content is provided by MomLifeTV or its suppliers, and other Content is provided by persons who use the Web Site ("Users"), such as User opinions and views provided via posts to chat rooms, blogs, bulletin boards, or discussion forums. While MomLifeTV strives to keep the Content that it posts on the web site accurate, complete, and up-to-date, we cannot guarantee, and are not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by MomLifeTV or its suppliers, vendors, advertisers or by Users of the Web Site. Any opinions, advice, statements or other information expressed or made available by Users or third parties, including but not limited to bloggers, are those of the respective User or other third party and not of MomLifeTV. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made on the web site.  MomLifeTV has no obligation to prescreen, edit, or remove any Content provided by Users that is posted on or available through the Web Site.  Notwithstanding the foregoing, MomLifeTV will have the right (but not the obligation), in its sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content.

9. COPYRIGHT COMPLAINCE

MomLifeTV respects the intellectual property of others. It is our policy to respond expeditiously to claims of copyright and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material infringing or claimed to be the subject of infringing activity.  

Notifying MomLifeTV of Copyright Infringement 

To provide MomLifeTV notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of legal@MomLifeTV that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

Providing MomLifeTV with Counter-Notification

If MomLifeTV removes or disables access to Content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at MomLifeTV that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512 ). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended that you seek the advice of an attorney. 

10. INDEMNITY

You will indemnify and hold harmless MomLifeTV, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or MomLifeTV User ID, of any intellectual property or other right of any person or entity.

11. WARRANTY DISCLAIMERS

You acknowledge that MomLifeTV has no control over, and no duty to take any action regarding: which users gain access to the web site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired or not acquired Content through the site. The site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. MomLifeTV makes no representations concerning any content contained in or accessed through the site, and will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the site.  

12. JURISDICTION

MomLifeTV may promote products and services available in the United States, its territories, possessions, and protectorates. Those who choose to access any MomLifeTV web site from locations beyond the jurisdiction of the United States do so on their own initiative and are responsible for establishing the usability or correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws, if and to the extent local laws are applicable.

THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. LINKS

MomLifeTV, or third parties may provide, links to other web sites or resources.  MomLifeTV has no control over content and availability of such sites and resources.  You acknowledge and agree that we are not responsible for such external sites or resources; and do not endorse and are not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources.  You further acknowledge and agree that MomLifeTV shall not be responsible for liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.  Any concerns regarding such service or resource, or link thereto, should be directed to the particular service or resource.

14. CONTENT FROM PARTNERS

 MomLifeTV may offer use the outside content ("Third Party Content") from a variety of sources, which may include but may not be limited to data, text, audiovisual content, data sets, and images.  MomLifeTV is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Third Party Content some of which may be inaccurate, offensive, indecent, or objectionable. We do not endorse any Third Party Content, nor any opinion, recommendation, or advice expressed therein. MomLifeTV expressly disclaims any and all liability in connection with the Third Party Content. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have, or may have, against us with respect thereto and agree to indemnify and hold MomLifeTV, its owners/operators, affiliates, suppliers, and/or licensors harmless to the fullest extent allowed by law regarding all matters related to Third Party Content and use thereof.

The Content available through the web site is provided with the understanding that neither MomLifeTV nor its suppliers nor users in are engaged in rendering medical, counseling, legal or other processional services or advice. Such Content is intended solely as a general educational purposes and is not intended for medical diagnosis or treatment for an individual problem.  It’s also not intended as a substitute for professional advice and service from a qualified healthcare provider familiar with your unique facts.  Always seek the advice of your physician or other qualified healthcare provider regarding any medical condition and before starting any new treatment.

15. THIRD-PARTY ADVERTISERS AND LINKS TO OTHER SITES 

MomLifeTV allows other companies, called third-party ad servers or ad networks, to serve advertisements within our web site. These ad networks may automatically receive your IP address to measure the effectiveness of their advertisements and to personalize the advertising content about goods and services likely to be of greater interest to you. (See networkadvertising.org). Technologies (such as cookies, JavaScript, or Web Beacons) are sent links that appear on our site. MomLifeTV does not provide specific personally identifiable information.

16. ADVERTISING POLICY

To support our editorial structure we accept select advertising (“Advertising”) on our websites from partners who offer products and services that are relevant to our audience. Advertising mean all forms of advertising, sponsorships and promotions that we believe is valuable to our audience and for which we receive compensation. 

MomLifeTV does not endorse any products, services or companies. We have not evaluated the products and services advertised on our site. The appearance of advertisements is not a guarantee of those products, services or the companies that manufacture, distribute or promote them nor do they influence the editorial content on our site. Ads are labeled "Advertisement" or "Ads" wherever possible.

Sponsored Content

MomLifeTV allows certain pieces of editorial content and applications to be sponsored by companies or products that are relevant to the audience. Sponsored article, video, or application will be clearly marked as such. Search results that are in response to search queries or keywords entered in search boxes. 

17. AFFILIATE DISCLOSURE 

MomLifeTV is a member of certain affiliate (“Affiliate”) marketing programs and may earn commissions the sale of some advertised products/services. As part of our compliance with the FTC Guides, we will be monitoring our affiliate marketing network to make sure appropriate disclosures are made.

Affiliate Shopping and Buying

All transactions made based on information from the Site are solely between you and the vendor (“Vendor.”) Your sole rights and remedies shall be against the Vendor. By using our Service, you acknowledge and agree that MomLifeTV has no liability for any cost, damage, or harm, directly or indirectly, in connection with the delivery, failure to deliver, performance, quality, or any other aspect of any products or services ordered or attempted to be ordered via information from the Site or a Vendor.

You agree to indemnify, defend, and hold harmless MomLifeTV and any of its officers, owners, agents, employees, affiliates, licensors, and licensees from and against any and all liability and costs, including, without limitation, regulatory penalties, attorneys' fees, and costs incurred in connection with any claim arising our of your use of the Site or Vendor, or any breach by you of these Terms and Conditions. MomLifeTV reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter related hereto without the written consent of MomLifeTV.  MomLifeTV shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use the Service. MomLifeTV does not warrant that the Service will be uninterrupted, error free, or virus free; nor does MomLifeTV make any warranty as to the results to be obtained from use of the Service or its Vendor Content. The Service and its Content are distributed on an "as is, as available" basis.  MomLifeTV MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OF IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may or may not apply to you. In such states, the liability of MomLifeTV shall be limited to the greatest extent permitted by law. You expressly agree that the entire risk as to the quality and performance of the Service and the accuracy or completeness of the content is assumed solely by you.

Affiliate External Sites

MomLifeTV is not responsible for the availability of, or the content located on or through, any external site referenced on its Services or in its communications. You should contact the site administrator of those external sites if you have any concerns regarding the content located on them. Links to and from MomLifeTV do not constitute a Vendor endorsement by MomLifeTV of any third party products or services.

Affiliate Modifications

MomLifeTV may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any database, feature, or content, without prior notice or liability. MomLifeTV reserves the right, at its discretion, to change or modify all or any part of these Terms and Conditions at any time. Please review these Terms and Conditions from time to time to ensure that you are aware of any changes.

18. LIMITATION OF LIABILITY

Any reference made by this web site or any other MomLifeTV web site(s) to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by MomLifeTV. Content on this and any other MomLifeTV web site(s) may be provided by third parties and users. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information.

IN NO EVENT SHALL MOMLIFETV ITS CONTENT PROVIDERS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.

19. TERMINATION

MomLifeTV may terminate or suspend any and all Services and your MomLifeTV account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your our account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

20. MISCELLANEOUS

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind us in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. MomLifeTV shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond MomLifeTV's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sub-licensable by you except with our prior written consent. MomLifeTV may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the State of New Jersey, as if made within New Jersey between two residents thereof, and the parties submit to the exclusive jurisdiction of the New Jersey Superior Court, which includes the trial courts, an Appellate Division and the New Jersey Supreme Court. Notwithstanding the foregoing sentence, (but without limiting MomLifeTV’s right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with Judicial Arbitration and Mediation Service (“JAMS”). The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in New Jersey using the English language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

21. INFORMATION COLLECTION AND USE

General

  • MomLifeTV collects personal information when you register with us, when you use our products or services, when you visit MomLifeTV pages or the pages of certain MomLifeTV partners, and when you enter contests, promotions or sweepstakes. We may combine information about you with information that we obtain from business partners or other companies.
  • When you register we may ask for information such as your name, email address, birth date, gender, zip code, occupation, income, and personal interests. Once you register with MomLifeTV and sign in to our services, you are not anonymous to us.
  • MomLifeTV collects information about your interactions and transactions with us and with some of our business partners.
  • MomLifeTV automatically receives and records information on our server logs from your browser, including your IP address, our cookie information, the page you request and how long and often you watch our show.
  • MomLifeTV uses information for the following general purposes: to customize the advertising and content you see, fulfill your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients.

Children

  • When a child under age 13 attempts to register with MomLifeTV, we will reject that registration.
  • If a parent believes that his or her child has submitted personal information to us, he or she can contact us via e-mail listed below. MomLifeTV will promptly delete the information upon learning that it relates to a child under the age of 13. We believes that parents should supervise their children's online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from otherwise disclosing online their name, address and other personal information without parental permission.
  • MomLifeTV is a general audience site and is not directed to children under the age of 13. We respect the privacy of parents and children and are committed to complying with the Children's Online Privacy Protection Act (COPPA).

Information Sharing and Disclosure

MomLifeTV does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:

  • MomLifeTV does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:
     
    • MomLifeTV provides the information to trusted partners who work on behalf of or with MomLifeTV under confidentiality agreements. These companies may use your personal information to help us communicate with you about offers from MomLifeTV and our marketing partners. However, these companies do not have any independent right to share this information.
    • MomLifeTV responds to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;
    • MomLifeTV believes it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Use, or as otherwise required by law.
    • MomLifeTV transfers information about you if MomLifeTV is acquired by or merged with another company. In this event, we will notify you before information about you is transferred and becomes subject to a different privacy policy.
       
  • MomLifeTV displays targeted advertisements based on personal information. Advertisers (including ad serving companies) may assume that people who interact with, view, or click on targeted ads meet the targeting criteria - for example, women ages 18-35 from a particular geographic area.
     
    • MomLifeTV does not provide any personal information to the advertiser when you interact with or view a targeted ad. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will make the assumption that you meet the targeting criteria used to display the ad.
    • MomLifeTV advertisers may include financial service providers (such as banks and insurance agents) and non-financial companies (such as retailers, fast food, and consumer electronics companies).
       
  • MomLifeTV works with vendors, partners, advertisers, and other service providers in different industries and categories of business.

22. COOKIES

MomLifeTV may set and access our cookies on your computer. MomLifeTV may permit some partner companies that show advertisements to access their cookies on your computer. Other companies' use of their cookies is subject to their own privacy policies, not ours. Advertisers or other companies do not have access to MomLifeTV's cookies. MomLifeTV uses web beacons to access our cookies inside and outside our network of web sites.

23. EDIT YOUR ACCOUNT INFORMATION AND PREFERENCES

You can edit your MomLifeTV Registration Information, including your marketing preferences, at any time.  New categories of marketing communications may be added to the Marketing Preferences page from time to time. Users who visit this page may opt out of receiving future marketing communications from these new categories or may unsubscribe by following instructions we send.

MomLifeTV reserve the right to send you certain communications relating to the MomLifeTV service, such as service announcements, administrative messages and the MomLifeTV newsletter, that are considered part of your account, without offering you the opportunity to opt-out of receiving them.

24. CONFIDENTIALITY AND SECURITY

MomLifeTV will limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.  MomLifeTV has physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you. MomLifeTV may update this policy. We will notify you about significant changes in the way MomLifeTV treats personal information by sending a notice to the primary email address specified in your MomLifeTV account or by placing a prominent notice on our site.

25. CHANGE TO THESE TERMS OF SERVICE 

We update these Terms of Service from time to time to reflect changing technology and other service, process and policy changes. We will notify you of any material changes by posting a notice on our website home page that there are changes to this document, and by updating this page. Use of our website or services after such an update is an agreement to the changes.

26. QUESTIONS AND SUGGESTIONS

If you have questions or suggestions, or are interested in uploading or posting Content, please contact us at info@MomLifeTV.com.