Terms and Use

Acceptance of SudburyMoms.com Terms of Use

Welcome to SudburyMoms.com. This web site, and the information and resources, content and services it makes available (the Web Site), is provided to you by SudburyMoms, a company registered in Ontario, Canada.

It is important that you carefully read these Terms of Use before you register with SudburyMoms.com. These Terms of Use sets forth the terms and conditions governing your use of this Web Site. By completing the registration process with Our Web Site you accept and agree to be legally bound by these Terms of Use. As used in this Agreement, "we" and "us" means the SudburyMoms.com or any successor or assign of the SudburyMoms.com.

 

Eligibility and Registration

You must be 18 years of age or older to use SudburyMoms.com and its supplied Services. By registering for the SudburyMoms.com Service, you represent and warrant that you are 18 years old or older and that you have the capacity to understand, agree to and comply with these Terms of Use. You should provide true, accurate and complete registration information to be a SudburyMoms.com member. As part of the registration process, you will be asked to create a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.

Amendments to these Terms of Use

Please note that these Terms of Use may vary from time to time without notice to you. We may also discontinue providing certain parts or all of the Web Site at Our discretion and without notice to you. However, we will endeavor to let you know of this via the Web Site.

Contact Information

If you have any queries or concerns concerning these Terms of Use, or Our Web Site, you can contact us by e-mail to info@sudburymoms.com

SudburyMoms.com User

SudburyMoms.com reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Site, including, but not limited to, content, features or hours of availability. As a result, please continue to review these terms and conditions of service whenever accessing or using this site. Your use of the site or any service on this site, after the posting of modifications to these terms and conditions of service will constitute your acceptance of these terms and conditions of service, as modified. It is your responsibility to continually review this agreement to ensure you are updated regarding any and all changes. The SudburyMoms.com web site may contain links to external Third-Party websites that SudburyMoms.com has absolutely no ownership, authority or control over, therefore SudburyMoms.com shall take no responsibility or be held liable or responsible for any and all content, information of these Third-Party linked web-sites. It is the sole responsibility of the SudburyMoms.com site user to be aware of the terms, conditions and privacy policies that may exist for other websites that you may link or go to. These Terms apply to all users of the SudburyMoms.com website; i.e. users just viewing portions of the site without being a valid registered member and/or valid registered members of SudburyMoms.com. It is the Members/Users sole responsibility when posting information onto SudburyMoms.com. Member/User responsibility extends to and is not limited by information that you provide to other Members/Users as well. Your SudburyMoms.com profile cannot include the following: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other SudburyMoms.com. Members/Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and SudburyMoms.com assumes no responsibility or liability for this material. If you become aware of misuse of the SudburyMoms.com Services by any person, please contact SudburyMoms.com or click on the "Report" link located on all pages that permit uploaded/shared information of any SudburyMoms.com pages.

SudburyMoms.com reserves the right, with sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the SudburyMoms.com Services at any time, for any or no reason, with or without prior notice, and without liability.

1. SudburyMoms.com grants you permission to use the Website as explained /outlined in the Terms of Service, provided that: (a) your use of the Website is available solely for your personal, non-commercial use; (b) no part of the SudburyMoms.com website can be copied or distributed in any other medium without SudburyMoms.com prior written authorization; (c) you will not alter or modify any part of the Website other than what is permissible and made available to use the Website for its intended purpose; and (d) you will otherwise comply and adhere to all the terms and conditions of these Terms of Service.


2. Some functions of the website require the user to create an account. You cannot use another members account without their express permission to do so. The account you create must contain complete and accurate information. You have full responsibility for any and all transactions of information and or activity on your specific account. The password that you create is also your responsibility, do not share this password with anyone, if you suspect any unauthorized use of your account it is your responsibility to inform SudburyMoms.com of such activity. Any and all losses caused to you by this unauthorized/unlawful use of your account is entirely you responsibility; SudburyMoms.com accepts no responsibility for damages or losses to you from this unauthorized act. Please be aware that you or others may be liable for damages to SudburyMoms.com from such unauthorized use.


3. You agree as the user to not use any automated system, including but not limited to any electronic devised/software that provide accesses to the Website in a manner that will artificially populate the SudburyMoms.com servers in a given (non-human) period of time. SudburyMoms.com allows the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. SudburyMoms.com reserves the right to revoke these rulings either in general or in specific cases. You agree not to collect any personally identifiable information, including account names, from the Website, to use in communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions. Unless authorized solicitation is coming directly from SudburyMoms.com.

Property Rights

All text, software, music, sound, photographs, graphics, video, page layouts, design and other material that is contained on Our Web Site or is part of our services, is protected by our and their copyrights, trademarks, service marks, patents or other proprietary rights and laws.
We own or are licensed to use all intellectual property rights (including all copyrights, patents, trademarks and trade secrets) in connection with and in all versions of the Web Site and our services, the software we use to operate the web site and services and any data (including data obtained from you during the registration process) generated by Users of the web site and services. You are not permitted, except where expressly authorized to do so, to change, copy, store, publish, rent, license, sell or distribute in any way any of these intellectual property rights.
When you transmit or post any material to or on Our Web Site, you grant to Us [and Our group companies] non-exclusive, worldwide, perpetual, fully sub-licensable royalty free license under your copyright and other intellectual property rights to use, reproduce, modify, adapt, publish, translate, create derivative works from or display or distribute that material worldwide via the Web Site, or in any way without any duty at all to account to you.

Content

SudburyMoms.com reserves the right to remove any content/information that in the judgment of SudburyMoms.com violates this Agreement or is found to be offensive, illegal or violate the rights, harm, or threaten the safety of any person. SudburyMoms.com assumes no responsibility for monitoring the SudburyMoms.com services for inappropriate content or conduct. If at any time SudburyMoms.com decides to monitor the SudburyMoms.com services, SudburyMoms.com retains 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. You are solely responsible for the Content that you post on or through any of the SudburyMoms.com services, and any material or information that you transmit/transfer to other members and for your interactions with other Users. SudburyMoms.com does not endorse and has no control over the Content. Content is not necessarily reviewed by SudburyMoms.com prior to posting and does not necessarily reflect the opinions or policies of SudburyMoms.com SudburyMoms.com makes no warranties as to the content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members. It is the responsibility of SudburyMoms.com members to report any and all activity that is deemed inappropriate, unauthorized or otherwise improper and unwanted within but not limited to the SudburyMoms.com site or the SudburyMoms.com online community.

User Submitted Material

The SudburyMoms.com Website permits member submissions of videos, pictures and/or other communications and the hosting, sharing, and/or publishing of such user submissions. As the user/member you understand and recognize that regardless if such User Submissions are published, SudburyMoms.com does not guarantee any confidentiality with respect to any submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In regards to user submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize SudburyMoms.com to use all patent, trademark, trade secret, copyright or other proprietary rights pertaining to any and all User Submissions to enable inclusion and use of the user submissions in the manner discussed and presented by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner discussed and presented by the Website ("SudburyMoms.com") and these Terms of Service. As detailed above, you retain all of your ownership rights in your User Submissions. However, by submitting material such as but not limited to video and/or pictures to SudburyMoms.com, you give permission to SudburyMoms.com as a worldwide, non-exclusive, royalty-free, sub-licensable entity ("SudburyMoms.com") You give permission to each and every user of the SudburyMoms.com Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submitted content as permitted through the functionality and use of the Website and under these Terms of Service. The license granted by you terminates once you remove or delete a User submitted content from the SudburyMoms.com website as do your own licenses granted to you through the SudburyMoms.com membership agreement terminate once you remove your content from the SudburyMoms.com website.

In regards to User Submitted content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you own the rights of or have permission from their rightful owner to post the material and to give SudburyMoms.com all of the license rights necessary and detailed herein; (ii) publish falsehoods or misrepresentations that could be damage SudburyMoms.com or any third party; (iii) submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, slanderous, harassing, hateful, racially or ethnically offensive, or encourages behaviour that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. SudburyMoms.com does not endorse any User Submitted content or any opinion, recommendation, or advice expressed therein, and SudburyMoms.com disclaims any and all liability in connection with User Submitted content. SudburyMoms.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and SudburyMoms.com will remove all content and User Submitted content if properly notified that such Content/material or User Submitted content infringes on another's intellectual property rights. SudburyMoms.com reserves the right to decide whether material or user submitted content is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. SudburyMoms.com reserves the right to remove such User Submitted material and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

Disclaimer

YOUR USE OF THE WEBSITE [AND OUR SERVICES] IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SUDBURYMOMS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.
TO THE EXTENT THAT IS LAWFULLY POSSIBLE TO DO SO, WE MAKE NO WARRANTY TO (a) THE WEB SITE [AND OUR SERVICES] AND/OR ANY INFORMATION WILL MEET YOUR REQUIREMENTS, (b) YOUR ACCESS TO THE WEB SITE [AND USE OF OUR SERVICES] WILL BE ERROR-FREE, (c) ANY ERRORS OR INACCURACIES WILL BE CORRECTED. FURTHER, IF YOUR USE OF THE WEB SITE WHICH RESULTS IN THE NEED OF SERVICING OR REPLACING EQUIPMENT OR DATA, THIS WILL NOT BE AT OUR RISK AND EXPENSE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH, OR FROM THE WEB SITE [OR FROM OUR SERVICES] WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. PROFILES CREATED AND POSTED BY MEMBERS ON THE SUDBURYMOMS.COM WEBSITE MAY CONTAIN LINKS OR HYPERLINKS TO OTHER WEBSITES. SUDBURYMOMS.COM CLAIMS NO RESPONSIBILITY FOR THE CONTENT, ACCURACY, TRUTH OR OPINIONS EXPRESSED ON THESE WEBSITES. FURTHERMORE, THESE OTHER WEBSITES ARE IN NO WAY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY, COMPLETENESS OR LEGITIMACY BY SUDBURYMOMS.COM. A MEMBER INCLUDED WEBSITE OR WEBSITE LINK/HYPERLINK ON THE SUDBURYMOMS.COM SERVICE DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF ANY KIND FOR THE LINKED WEBSITE BY SUDBURYMOMS.COM. THESE THIRD-PARTY SITES ARE ACCESSED BY THE USER/MEMBER AT THEIR OWN RISK. SUDBURYMOMS.COM WILL TAKE NO RESPONSIBILITY FOR THIRD-PARTY ADVERTISING AND/OR INFORMATION POSTED ON THE SUDBURYMOMS.COM WEBSITE OR THROUGH THE SUDBURYMOMS.COM SERVICES, SUDBURYMOMS.COM TAKES NO RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY ITS ADVERTISERS OR ADVERTISERS/ADVERTISING DERIVED VIA LINKED/HYPERLINKED THIRD-PARTY SITES.SUDBURYMOMS.COM WILL NOT BE HELD RESPONSIBLE FOR CONDUCT, WHETHER ONLINE OR OFFLINE OF ANY USER/MEMBER OF THE SUDBURY SERVICE.

Liability

UNDER NO CIRCUMSTANCE SHALL SUDBURYMOMS.COM. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF SUDBURYMOMS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUDBURYMOMS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, WILL NOT BE HELD 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) ANY INTERRUPTION OF TRANSMISSION TO OR FROM OUR WEBSITE, (III) 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 SUDBURYMOMS.COM WEBSITE, 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 OF ONTARIO CANADA. (IV) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (V) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.

Indemnification

You agree, at your own expense, to indemnify, defend and hold harmless SudburyMoms.com, its owners, parent corporation, officers, directors, employees and agents against any claim, suit, action or other proceeding brought against SudburyMoms.com by a third party, to the extent that such claim, suit, action or other proceeding brought against SudburyMoms.com, based on or arises in connection with the Service or any links on the Service, including, but not limited to: (i) your use or someone using your computer's use of the Service; (ii) your use or someone using your account, where applicable; (iii) a violation of the Terms Of Service by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any Intellectual Property Right (as herein defined) of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein: or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim.

General

This Agreement is entered into in Ontario, Canada. You agree that the laws of the Province of Ontario will govern it and any disputes arising out of this Agreement will be subject to the courts of the Province of Ontario and the federal courts applicable within the Province. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Users/Members of SudburyMoms.com consent to the exclusive jurisdiction of, and venue in, the Province of Ontario Canada. Users/Members shall not assign its order or any interest therein or any rights there under without the prior written consent of SudburyMoms.com. These Terms constitute the entire agreement between SudburyMoms.com and Users/Members and supersede all previous communications, representations and agreements (except for the Agreement), whether oral or written, between the Users/Members and SudburyMoms.com with respect to the subject matter hereof. These Terms may not be modified, supplemented, qualified, or interpreted except in writing signed by Users/Members and SudburyMoms.com. The failure by SudburyMoms.com to enforce at any time any of the provisions in these Terms will in no way be construed as a waiver of such provisions.

Miscellaneous

We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modification.

Entire Agreement

The Terms Of Service and any other terms and conditions of service on SudburyMoms.com, and its successor, constitute the entire agreement between you and SudburyMoms .com and govern your use of the Service.