Welcome to Modamily (the “Website”). The Website is a social networking service that facilitates introductions between aspiring parents who are ready to have children.
Access and Compliance
MODAMILY DOES NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN USERS OF THE WEBSITE IN ANY WAY. The services offered by MODAMILY at the Website are limiting to facilitating introductions between individuals who have represented that they aspire to be a parent and are utilizing the website to meet others interested in co-parenting a child. MODAMILY strongly recommend that, if any user finds is introduced to an individual who may be a suitable co-parent, said user should take all reasonable and sensible precautions and steps to assess such individuals. Any information gained from questionnaires or tests at the Website are based solely upon information submitted by other users of the Website and MODAMILY make no guarantees as to its correctness, completeness, or accuracy of such user-submitted information and cannot verify or otherwise ascertain the accuracy of such user-submitted information. Users are solely responsible for undertaking steps to check or otherwise ascertain the accuracy of any user-submitted information. Each user is solely responsible for the accuracy, legality, currency and compliance of its own Material and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.
Although MODAMILY attempts to maintain the integrity and accuracy of the information on the Website, MODAMILY provides any services on an “as is” basis and make no guarantees as to its correctness, completeness, or accuracy. The Website may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Website by third parties without our knowledge. If you believe that information found on the Website is inaccurate or unauthorized, please inform MODAILY by contacting us via information provided at the “Contact Us” link. MODAMILY specifically disclaims any implied warranties of merchantability or fitness for a particular purpose. Further, MODAMILY does not warrant that your use of the service will be secure, uninterrupted, always available or error-free, or that the service will meet your requirements or that any defects in the service will be corrected. MODAMILY disclaims liability for, and no warranty is made with respect to, connectivity and availability.
Use of the Website
By using or accessing the Website, you agree to the following:
(1) The information posted in any profile you create, including your photograph, is posted by you and that you are the exclusive author of your profile and the exclusive owner of your photographs. You assign to MODAMILY, with full title guarantee, all copyright in your profile, any photographs posted by you, and any additional information sent to MODAMILY at any time in connection with your use of the Website. You waive absolutely any and all moral rights to be identified as author of your profile and owner of your photograph and any similar rights in any jurisdiction in the world. By posting information, photographs or content on any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to MODAMILY, free of charge, an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide license to use, copy, perform, display, promote, publish and distribute such information, content and photographs and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
(2) You will use the Website in a manner consistent with any and all applicable laws and regulations. You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Website. You will not transmit any chain letters or junk email to other members. To protect our users against such conduct, MODAMILY may limit or otherwise control the number of messages that any user may send in a day. You are solely responsible for your interactions with other users of the Website. MODAMILY reserves the right, but has no obligation, to monitor and/or mediate disputes between you and other users of the Website.
(3) You are solely responsible for the content or information you post, publish or display on the Website, or transmit to other users. You shall not post on the Website, or transmit to other users or to MODAMILY or its employees, agents or representatives, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not include in your profile any offensive language, including but not limited to offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and you will not post any photos containing nudity or personal information. MODAMILY reserve the right, but has no obligation, to reject any profile or photo that does not comply with the prohibitions set forth in this section. MODAMILY reserves the right to refuse service to anyone, at our sole discretion.
(4) By becoming a Member/Subscriber/Registrant, you agree to accept and consent to receiving email communications initiated from MODAMILY or through MODAMILY including, without limitation: message notification emails and emails informing you about events, emails informing you of changes to the Website and emails informing you of promotions that either MODAMILY provide or that are being provided by third parties. If you choose to respond to promotions that are provided by third parties and in the course of doing so, disclose information to any external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their private policies. Should you not wish to receive any of MODAMILY’s email communications, please do not register/subscribe to the Website. However, you may opt-out of receiving email communications sent from MODAMILY or through MODAMILY.
- Harassing, abusing or otherwise inappropriately contacting any other user of the Website;
- Collecting information about the Website or any users of the Website without our written consent;
- Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering or changing any content or information contained in the Website, without our written consent;
- Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Website or any portion thereof;
- Accessing or using the site for commercial or competitive purposes;
- Disguising the origin of information transmitted to, from, or through the Website.
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Allowing any other person or entity to impersonate you to access or use the Website;
- Using the Website for any purpose in violation of local, state, national, international laws
- Using the Website in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others;
- Posting, distributing or reproducing in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights;
- Removing any copyright, trademark or other proprietary rights notices contained in the Website or forging headers or otherwise manipulating identifiers in order to disguise the origin of any information transmitted through the Website;
Copyrights and Trademarks
The contents of the Website are protected by international copyright and trademark laws. The owner of the copyrights and trademarks, names, logos and service marks are MODAMILY, its affiliates or other third party licensors. Except as stated herein, none of the contents of the Website may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of MODAMILY.
Owners of copyrights or their agents that believe any content on this Website infringes upon said copyrights will submit a notice pursuant to the Digital Millennium Copyright Act ("DMCA") to MODAMILY immediately upon discovery. Any notices given pursuant to the DMCA shall be given to the designated agent of the Website at firstname.lastname@example.org or via registered, United States mail sent return receipt to:
Attn: DMCA Compliance Agent
455 Sylvan Ave.
Englewood Cliffs, NJ 07632
Limitation of Liability
MODAMILY DOES NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN USERS OF THE WEBSITE IN ANY WAY. IN NO EVENT WILL MODAMILY BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF MODAMILY OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MODAMILY FOR USE OF THE WEBSITE DURING THE TERM OF YOUR MEMBERSHIP/SUBSCIPTION. MODAMILY WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, INCLUDING BY NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF THE USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF YOUR COMMUNICATIONS WITH AND/OR INTERACTIONS WITH ANY OTHER USER OF THE WEBSITE, OR ANY INDIVIDUAL YOU ARE INTRODUCED TO VIA THE WEBSITE. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF USER’S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNIFICATION”.
If you have a dispute with one or more of the other users of the Website, you release MODAMILY (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
Shall a conflict or contradiction exist between these Terms and any others which relate specifically to a particular section of the Website, the specific terms relevant that section shall prevail.
Any provision of this agreement found to be unenforceable will not void nor effect other provisions of the agreement.
Governing Law & Exclusive Venue
If you have any questions regarding these terms or wish to contact us for any matter: