2. Disclaimer and limitation of liability
2.2 MPH gives no warranty or assurance about the content of the Website. As the Website is under constant development its contents may be incorrect or out-of-date and are subject to change without notice. While MPH makes every effort to ensure that the content of the Website is accurate, MPH cannot accept liability for the accuracy of all content at any given point in time.
2.3 MPH makes every effort to ensure that its computer infrastructure is error- and virus-free but does not warrant that any material available for downloading from the Website will be free from infection, viruses and/ or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
2.4 Neither MPH nor any of its agents, employees and sub-contractors shall be liable to you or any other party for any claim, loss, demand or damages whatsoever (whether such claims, loss, demands or damages were foreseeable, known or otherwise) arising out of or in connection with the use of the Website or information, content or materials included on the Website.
2.5 In no event shall MPH or any of its agents, employees or sub-contractors be liable to you for any indirect or consequential loss or damage including, without limitation, any;
2.5. 1loss of actual or anticipated profits (including loss of profits on contracts);
2.5.2 loss of revenue;
2.5.3 loss of business;
2.5.4 loss of opportunity;
2.5.5 loss of anticipated savings;
2.5.6 loss of good will;
2.5.7 loss of reputation;
2.5.8 loss or damage to or corruption of data;
2.5.9 loss of use of money or otherwise,
and whether or not advised of the possibility of such claim, loss, demand or damages and arising in tort (including negligence), contract or otherwise, to the fullest extent permitted by law.
2.6 The Website provides hypertext links to other sites operated by other people. Using such a link means you are leaving the Website. MPH takes no responsibility for, and gives no warranties, endorsements, guarantees or representations in respect of, linked sites. MPH is not responsible for the privacy practices, nor do we accept any liability in connection with the content of, such websites, including those of our group entities, which will in some cases have their own privacy policies tailored for the particular business practices and educational sectors in which they operate. Any concerns regarding any external link should be directed to its website administrator or web master.
2.7 We are a distributor (and not a publisher) of content supplied by third parties and users of the internet. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or users, are those of the authors or distributors and not of us. We do not necessarily endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on the Website.
2.8 The information on the Website is not intended to address your particular requirements. Such information does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific educational, or other, decisions. You should take your own advice and/ or make specific enquiries and independently verify any information before relying upon it.
2.9 If you make an arrangement with anyone named in or connected with the Website this is at your sole risk.
2.10 Nothing in this Agreement excludes or limits MPH's liability for:
2.10.1 death or personal injury caused by MPH's negligence; or
2.10.2 fraud or fraudulent misrepresentation; or
2.10.3 the tort of deceit; or
2.10.4 any other liability which may not be limited or excluded by law.
3. Copyright and other intellectual property
3.1 The Website allows users to upload images, and texts, and share videos. Moms Pump Here ("MPH") respects the intellectual property rights of others and expects its users to do the same. It is Moms Pump Here's policy, after notification of copyright infringement to disable or terminate the accounts of users who frequently infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. Users agree that Moms Pump Here will not be held liable for any intelectual property they share on Moms Pump Here website, without such owners written or verbal permission. Users accept sole responsibility for shared copyrighted material on MPH website. To adhere to the Digital Millennium Copyright Act of 1998 found here www.copyright.gov/legislation/dmca.pdf, Moms Pump Here will respond immediately to reports of copyright infringement committed using the Moms Pump Here website (the "Site") that are reported to (Moms Pump Here), through the MPH website, email, text messaging, social media channels, telephone, fax, hardcopy written letter, or other forms of communication.
Copyright material, trade names and marks and other proprietary information, includes, but not limited to, text, software, photos and graphics, video, music and sound ('Content'). The Content is protected by copyright law, registered and unregistered trade marks, database rights and other intellectual property rights.
3.3 You may download information from the Website for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, re-transmission publication or commercial exploitation of downloaded material will be permitted without our express permission or that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
4. Contributing to the website
4.1 Where you elect, or are invited, to submit any contribution or material to the Website (including any text, message board content, photographs, graphics, video, audio or logo) ('Contribution') or otherwise consent to the use of the Contribution, then by submitting the Contribution or consenting to its use, you grant MPH a perpetual, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your Contribution worldwide and/ or to incorporate your Contribution in other works in any media now known or later developed for the full term of any rights that may exist in your Contribution. If you do not want to grant to MPH the rights set out above, please do not submit your Contribution to the Website. The MPH shall have no liability to you for any misuse by any third party of any Contribution that is distributed by us through the Website or in respect of any infringement of the intellectual property rights in any Contribution by any third party.
4.2 By submitting your Contribution to the Website, you:
4.2. 1warrant and represent that your Contribution:
(a) is your own original work and that you have the right to make it available to MPH for all the purposes specified above and that it does not breach or infringe anyone MPH's rights such as copyright or in is in any way illegal;
(b) is not defamatory, libelous, obscene, menacing, threatening, offensive, abusive, fraudulent or criminal;
(c) will not and does not contravene any relevant local, national or international law or incite or encourage the contravention of any such law;
(d) is not otherwise offensive;
4.2.2 agree at all times to follow our message board rules of posting, which will be shown next to the message board;
4.2.3 agree to indemnify and keep MPH indemnified on demand against all legal fees, damages and other expenses that may be incurred by MPH as a result of your breach of the above warranty; and
4.2.4 agree to waive any moral rights in your Contribution for the purposes of its submission to and publication on the Website and the purposes specified above to the fullest extent permitted by law.
4.3 We reserve the right to identify you in response to a court order or threat of legal action.
4.5 We reserve the right to remove any Contribution from the Website (including any text, message board content, photographs, graphics, video, audio or logo) at any time and without notice and shall not be obliged to give a reason for doing so. In the event that we remove any Contribution from the Website we shall in no way be liable for any loss, liability, cost or expense suffered by you as a result (whether direct or indirect) of such removal.
4.8 We expect many of those contributing to our message boards to have strong views about the matters discussed, but the Website is subject to the laws of libel and you and we could be sued if you are not careful in what you say. You should not make libelous postings or libelousings that are illegal or breach copyright, database or other related rights. It is your responsibility to check this. We do not accept any liability in this respect.
4.9 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Fraud and Abuse Act of 1994. We reserve the right to report any such breach to the relevant law enforcement authorities and in such an event we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
4.10 Where we create a link from our Website to any website operated by you, we shall have the right to remove such link at any time without obtaining your prior consent. In the event that we do remove a link from our Website to any website operated by you, we shall in no way be liable for any loss, liability, cost or expense suffered by you as a result (whether direct or indirect) of such removal, including, without limitation to the foregoing generality, where such loss, liability, cost or expense results from a loss of search engine positioning, ranking, placement or optimization.
5. Privacy and data protection
5.1 Your right to privacy is important to us. The following terms are provided to explain how we collect and use information about you so that you can make an informed choice about using the Website.
5.2 Data protection
5.2.1 MPH is keen to strike a fair balance between your personal privacy and ensuring that you obtain full value from the products and services it provides, while ensuring that it complies with all protection the Digital Millennium Copyright Act (DMCA) of 1998 ('the Act') affords to you. MPH will hold your personal data securely in accordance with the Act, under which it is fully registered.
5.2.2 The main purpose of the Act is to contain the possible threat to individuals from the misuse of personal data relating to them held in manual records or on computing equipment. MPH complies with all requirements of the law on protection of personal data held on computer or in manual records. The same requirements apply to any records held by individual students about identifiable living individuals.
5.3 Collection and use of personal data
5.3.1 Personal data is not stored nor captured through the Website without the prior knowledge and consent of Users. Where personal information is captured (eg through web-based forms for feedback, registration, requests, etc), the User will be informed as to what personal information is being collected, who will use it, and for what purpose(s) it will be used.
5.3.2 Any personal data that you give us will be treated with the utmost care and security. We will hold your personal information on our systems for as long as it is still used for the purpose stated when originally requested.
5.3.3 MPH is keen to strike a fair balance between your personal privacy and ensuring that you obtain full value from the products and services it provides, while ensuring that it complies with all protection the Digital Millennium Copyright Act (DMCA) of 1998 ('the Act') affords to you. MPH will hold your personal data securely in accordance with the Act, under which it is fully registered.
5.3.4 Should you request that we amend or suppress records containing your personal data, we will endeavor to do so as promptly as practical. However, you may receive communications for a transitional period while we process your records.
5.5 Log files
5.5.1 Continuous logs are kept of requests received by the Website's web servers as it is accessed. These logs are used to analyze usage of the Website.
5.5.2 Each log entry includes the internet protocol (IP) address of the client used (typically, though not necessarily, the IP address of the personal computer (PC) used), the type of client used (typically, though not necessarily, the type and version of web browser used), the URL of the page (or object) requested, the URL of the previous page (or object) requested (known as the 'referrer' and could relate to this Website or another), and the reference number stored in a cookie created by the Website (if one exists). MPH logs additionally contain the username used to access restricted areas of the Website. This username is not collected by nor shared with Bing or Google Inc.
6.0 User names and passwords
6.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and passwords that may be given to you or selected by you for use on our Website. You may not share these with or transfer them to any third parties.
6.2 You must notify us immediately of any unauthorized use of them or any other breach of security regarding our Website that comes to your attention.
7.1 MPH seeks to ensure that people are treated equally regardless of age, disability, race, nationality, ethnic or national origin, gender, religion, sexual orientation or personal circumstances. MPH does its best to ensure that the Website is accessible to all its users and potential users, including but not limited to users with disabilities (eg visual impairments, cognitive impairments, motor impairments etc); users for whom English is a second language; users of various software; or any other users who may need to use the Website.
7.3 Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice (see below). We will not be liable if for any reason the Website is unavailable at any time or for any period.
7.4 From time to time, we may restrict access to some parts of the Website, or the entire Website, to users who are (as the case may be) students, MPH employees or who have registered with us.
8.1 The Agreement forms the whole agreement between you and us. You acknowledge that you have not entered into this Agreement in reliance upon any warranty or representation made by us or any other person and you waive any rights to damages/ rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in this Agreement.
8.3 Failure by either party to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.
8.5 Failure by us to enforce a right does not result in waiver of such right.
8.6 You may not assign or transfer your rights under this Agreement.
8.7 We reserve the right to bar Users from the Website and/ or specific web pages, on a permanent or temporary basis at our discretion. Any such User shall be notified and must not then attempt to use the Website under any other name or through any other User.
9.0 Linking to the Website
9.1 You may link your website to the home page of the Website at MomsPumpHere.com provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. MPH reserves the right on demand, as it in its discretion thinks fit, to direct you to remove any links to the Website from your website and you shall promptly comply with any such direction or any other lawful direction that we may give to you in relation to the placing of any such link on your website.
9.2 You must not establish a link from any website that is not owned by you.
9.3 Our Website (or any part of its or content on it) must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in paragraph 4 above.
10.0 Trade Marks
10.1 "MPH" and "MPH Enterprise" are USA registered trademarks of MomsPumpHere.com in collaboration of Little Blue Box Media and Fuschia Inc.
11.2 We provide no warranty or guarantee that the Website or information available on it complies with laws other than those of the United States.