TERMS OF SERVICE

 

Welcome to Momdays! This Web site located at www.momdays.co (this "Site") is owned and operated by Daze Days ("Company"). Please read this Terms of Service (collectively with Momdays’ Privacy Policy located at www.momdays.co/page/privacy-policy, the “Terms of Service”) fully and carefully before using the Site and the services, features, content or applications offered by Daze Days (together with the Site, the “Services”). These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services.

 

  1. Acceptance of Terms of Service.
    You must be at least 18 years old to use the Services. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and all other operating rules, policies and procedures that may be revised from time to time on the Site by us without notice to you, and which updates become effective when posted. You are responsible for regularly reviewing these terms and conditions. You agree to be bound by these Terms, and indicate such agreement by any access or use of the Site and Services (the “Agreement”). If you do not wish to be bound by these Terms (or any revisions to these Terms), please do not access and use this Site and Services.
  2. Registration
    Access to some parts and features of the Services may require you to have an active Momdays’ account (“Account”). You can register for an Account using your email or by logging in via Facebook Connect (an example of a “Third Party Account”). By signing into the Services through or linking your Account to any Third Party Account, you permit us to access and aggregate certain information from your profiles and the profiles of individuals you are connected with on such sites for use by the Services. You must provide accurate and complete information and keep your Account Information updated. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s Account or registration information without permission. You must notify us immediately of any breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account.
  3. Content
    1. Definition. For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, product information, reviews, testimonials, advertisements, articles, videos, audio clips, written posts, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
    2. User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.
    3. Notices and Restrictions. The Services may contain Content specifically provided by us, our partners, our third party service providers, or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
    4. Use License. Subject to these Terms of Service, permission is granted to use Content solely for personal, non-commercial transitory viewing only. Reproduction, modification or distribution for any Content is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
    5. Content Submission. By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services, without compensation or attribution to you. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
    6. Reviews. By submitting a review, suggesting a product, or providing comments, you certify that your contributions represent your honest and accurate experience and opinions.
  4. No Duty To Monitor
    We cannot and do not review every submission a user may make, and user reviews are not verified by us and do not represent our opinions or endorsements of a product. We reserve the right to, but do not have any obligation to, (a) remove, edit or modify any Content in our sole discretion, at any time, without notice to you; and (b) to remove or block any Content from the Services. We neither endorse nor guarantee the accuracy, propriety, or timeliness of any third party or User Content. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate, including without limitation (i) with regards to product specifications, colors, textures, functionality, price, applicable age range, or appropriateness for use; or (ii) that the Content on the Services reflects updated information in areas such as product availability or market developments, such as product recalls. We therefore encourage you to independently confirm with other sources any data, images, information, suggestions, guidance or other materials or Content made available on or through the Site or Services.
  5. Rules of Conduct.
    1. You shall not either (1) take any action or (2) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:
      1. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law;
      2. you know is false, misleading, untruthful or inaccurate;
      3. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, profane, contains or depicts inappropriate nudity or is otherwise inappropriate as determined by us in our sole discretion;
      4. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
      5. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
      6. impersonates any person or entity, including any of our employees or representatives; or
      7. includes anyone’s identification documents or sensitive financial information.
    2. We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
  6. Links to Third Party Services.
    The Services may permit you to link to other websites, services or resources on the Internet (“Third Party Sites”), and other websites, services or resources may contain links to the Services. For example, product reviews may contain links to Third Party Sites where you can purchase the reviewed products. When you access Third Party Sites, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, products or services available on or through any such website or resource. All matters concerning transactions you have with any Third Party Sites are solely between you and the third party with whom you choose to transact, and we are not a party to any such transactions. We make no representations or warranties with regard to any goods or services provided by any third parties. Prior to purchasing any third party products or services described on the Site or Services, you are advised to independently verify pricing and other information and read the third parties’ sales, legal, and privacy policies.
  7. Termination.
    We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership.
  8. Warranty Disclaimer.
    WE PROVIDE THE SERVICES (INCLUDING THE SITE) “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE (AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, THIRD PARTY SERVICE PROVIDERS, AND CONTENT PROVIDERS) DO NOT MAKE ANY (AND HEREBY DISCLAIM ALL) WARRANTIES OR GUARANTEES ABOUT THE SERVICES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES (I) THAT THE SERVICES, INFORMATION, PRODUCTS, PRODUCT DESCRIPTIONS, OR ANY OTHER MATERIALS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR FREE, FIT FOR A PARTICULAR PURPOSE, NON-INFRINGING, OR THAT THEY WILL MEET YOUR REQUIREMENTS; (II) ARISING FROM OR IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OR TRADE; (III) REGARDING RESULTS OF USE; (IV) THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING OR THAT THEY WILL OPERATE ERROR-FREE OR FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS; OR (V) ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY THIRD PARTY MERCHANTS, THIRD PARTY SITES, THIRD PARTY SERVICE PROVIDERS, USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
  9. Limitation of Liability
    IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, THIRD PARTY SERVICE PROVIDERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES OR ANY INFORMATION, PRODUCTS, SERVICES, OR THIRD PARTY MATERIALS OBTAINED THROUGH THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, TECHNOLOGY, OR RIGHTS, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF FEES PAID TO US FOR THE PARTICULAR SERVICES.
  10. General
    These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. 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.

    Effective Date of Terms of Service: 03/03/15