TERMS OF USE

Welcome to Modamily.com (the “Website”).  The Website is a social networking service that facilitates introductions between aspiring parents interested in co-parenting a child.  The Website’s services are generally limited to introducing and matching potential individuals who wish to co-parent a child.  The Website is NOT a fertility, egg donor or sperm donor service and it does NOT offer legal advice relating to co-parenting or custody arrangements and related rights and claims.

Please review the following terms and conditions concerning your use of and access to the Website.  By accessing, using, and/or downloading any materials or contents from the Website, you agree to follow and be bound by the following terms and conditions (the “Terms of Use.”)  If you do not agree with the Terms of Use, you may not use the Website.  The Website is provided by Modamily, Inc., whose principal office is located at 455 Sylvan Avenue, Englewood Cliffs, New Jersey 07632 ("MODAMILY").

 

Access and Compliance

By accessing the Website, you agree to be bound by the Terms of Use, all applicable laws and regulations and that you warrant and represent that you are legally entitled to do so and are abiding by all applicable laws and regulations in the jurisdiction in which you reside.  You agree that MODAMILY may modify this agreement and such modifications shall be effective immediately upon posting. You agree to review these Terms of Use periodically to be aware of modifications. Continued access or use of the site shall be deemed conclusive evidence of your acceptance of the modified agreement.

 

Disclaimer

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 each member/subscriber/user must agree to these Terms of Use, MODAMILY cannot guarantee that each member is at least the required minimum age, nor does MODAMILY accept responsibility or liability for any content, communication or other use or access of the Website by persons under the age of 18 in violation of the Terms of Use. It is also possible that other members/subscribers/registrants or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials through the Website and that you may be involuntarily exposed to such offensive or obscene materials. It is also possible for others to obtain personal information about you via your use of the Website. These individuals may use your information for purposes other than what you intended.  MODAMILY are not responsible for the use of any personal information that you disclose on the Website. Please carefully select the type of information that you post on the Website or release to others. MODAMILY DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS/SUBSCRIBERS/REGISTRANTS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE WEBSITE OR OTHERWISE.

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.

(5) You agree that MODAMILY has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by the Website. You acknowledge that features, parameters or other services MODAMILY provides may change at any time. You acknowledge that MODAMILY reserve the right to sign out, terminate, delete or purge your account from the Website if it is inactive. “Inactive” indicates you have not signed in to the Website for a particular period of time, as determined by MODAMILY in its sole discretion.  MODAMILY is entitled to investigate and terminate your membership/subscription/registration if you have misused the Website, or behaved in a way which could be regarded as inappropriate, unlawful or illegal. The following is a partial, but not exhaustive, list of the types of actions that are illegal or prohibited under the Terms of Use:

  • 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;
  • Circumventing any measures implemented by MODAMILY aimed at preventing violations of the Terms of Use.

MODAMILY expressly reserves the right, in its sole discretion, to terminate a user’s access to any interactive services and/or to any or all other areas of the Website due to any act that would constitute a violation of these Terms of Use. 

(6) Any personal information you submit to the Website is governed by the Privacy Policy . This Privacy Policy encompasses any and all information you may provide to the site either for purposes of submitting an order or to receive further information, updates and promotions about or related to the Website.

(7) You are ineligible to use this Website if you are under the age of 18 or you are not able to form legally binding contracts, or if your membership/subscription/registration has been suspended by MODAMILY.  MODAMILY does not accept any users who are under the age of 18.  By becoming a Member/Subscriber/Registered User of the Website, you represent and warrant that you are at least 18 years old. By using the Website, You represent and warrant that you have the right, authority and capacity to use the Website and to abide by the Terms of Use.  Your membership/subscription/registration with the Website is for your sole, personal use. You may not authorize others to use your membership/subscription/registration and you may not assign or otherwise transfer your account to any other person or entity.

(8) Via its “User-Submitted Validation” function, the Website allows users to voluntarily submit personal identification records and other personal documentation for purposes of declaring or otherwise assuring other users of his or her commitment or sincerity to the desired introduction or match.  The submission of personal documentation and any reliance upon such is completely at the user’s option and discretion.  As set forth in greater detail in the Disclaimer and Limitation of Liability sections of the Terms of Use, MODAMILY and the Website make no guarantees as to correctness, completeness, or accuracy of any user-submitted materials or information and cannot verify or otherwise ascertain the accuracy of such user-submitted materials or information.

 

Special Terms of Use for Purchases and Subscriptions:

All purchases of services from the Website are subject to the following terms and conditions:

The current subscriber and renewal rates offered by the Website are available on the subscription page. Current subscribers can view their subscription plan including any applicable renewal rate and period on the Account Information page.

  1. All purchases are final.
  2. No refund will be given for unused portions of your subscription period.
  3. No refund will be given if your subscription privileges are terminated due to a violation of the Terms of Use. You acknowledge and agree that harassing, hostile or offensive behavior (including the use of foul language) in communications to other subscribers/members will constitute sufficient grounds for immediate termination of subscription privileges.
  4. Subscription privileges are non-refundable in the event that you elect to suspend or cancel your membership.
  5. While the Website will ensure that your electronic communication shall be transmitted to the appropriate recipient’s in-box on the MODAMILY system, the Website cannot guarantee that you will receive a response from the recipient and makes not promises, representations and warranties of any kind in that regard.
  6. AUTOMATIC SUBSCRIPTION RENEWALS:
    1. In making purchases of subscriptions from the Website, you acknowledge, agree and authorize MODAMILY to renew your subscription, automatically, at the end of each subscription interval (e.g. one month, two months or three months), at the guaranteed renewal rate applicable to the purchase options chosen by you.
    2. Such automatic renewal and related charges shall be applied at the end of the applicable subscription interval and for the same interval initially selected by you.  For example, if you purchased a three month subscription to the Website, at the end of that initial three month interval, your subscription will automatically renew for another three month interval.  If you wish to modify the subscription interval, you simply need to log into the website as a subscriber/member and click on the CONTACT US tab in the menu and email support@modamily.com with the subject heading “Modify Subscription Interval” or "Billing Question."
    3. Such automatic renewals shall continue periodically based upon the interval you selected unless and until you formally submit instructions to MODAMILY to terminate the automatic subscription renewals.  In order to terminate the automatic subscription renewal, you simply need to log into the website as a subscriber/member and clicking on the CONTACT US tab in the menu and email support@modamily.com and selecting the option for “Cancel Subscription" or "Billing Question."

 

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. 

 

DMCA Statement

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 contact@modamily.com or via registered, United States mail sent return receipt to:

 

Modamily

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”.

 

Indemnification

You agree to indemnify, defend and hold harmless MODAMILY its officers, directors, employees, agents, licensors, suppliers and any third party information providers from and against all losses, expenses, damages and costs, including, but not limited to all attorneys’ fees charged to MODAMILY, arising out of or relating to your use of the Website or any violation of these Terms of Use by you or any other person accessing the Website on your behalf, including, but not limited to, any allegation that any materials, information or content that you submit to MODAMILY infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or privacy rights of any third party.   This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

 

Release

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.

 

Conflicts

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.

 

Severability

Any provision of this agreement found to be unenforceable will not void nor effect other provisions of the agreement.

 

Governing Law & Exclusive Venue

Use of the Website and any claim relating to MODAMILY shall be governed by the laws of the State of New Jersey and litigated in the State of New Jersey. Any disputes, actions, claims or causes of action arising out of or in connection with these Terms of Use or the Website shall be subject to the exclusive jurisdiction of the state and federal courts located in New Jersey.  The choice of law of and exclusive venue in New Jersey apply to you regardless of where you are accessing the Website from even if you are accessing the Website from outside of the United States of America.

The Terms of Use (together with the Privacy Policy) represent the parties' entire understanding relating to the use of the Website and supersedes any prior or contemporaneous, conflicting or additional, communications. MODAMILY reserve the right to change these Terms of Use or policies relating to the Website at any time and from time to time, and such changes will be effective upon being posted herein.  You should visit this page from time to time to review the then current Terms of Use because they are binding on you.  Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of the Website, which may be posted from time to time.  Your continued use of the Website after any such changes and/or postings shall constitute your consent to such changes. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

You may not assign these Terms of Use without the prior written approval of MODAMILY.  Any purported assignment in violation of this section shall be void.   MODAMILY reserves the right to use Third Party Providers in the provision of the Website and/or the goods, service and/or Materials associated therewith.  In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms of Use, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys' fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by MODAMILY.

If you have any questions regarding these terms or wish to contact us for any matter:

 Email:  contact@modamily.com