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Terms and Conditions of Use
Terms & Conditions:
MY NAME IS MOM
MEMBERSHIP AGREEMENT


PLEASE READ THIS DOCUMENT CAREFULLY. 
IT SIGNIFICANTLY ALTERS YOUR LEGAL RIGHTS AND REMEDIES.

PLEASE PRINT THIS DOCUMENT AND STORE IT FOR YOUR FUTURE REFERENCE.


This Membership Agreement is a legal agreement between Thirty Years Multimedia Inc. (we or us) and you regarding My Name Is Mom™, a global online community of moms, which is currently available at <mynameismom.com>.  

1.     Membership.  You do not have to be a member to enjoy some of the features of My Name Is Mom.  However, as a member, you are entitled to the following additional benefits, subject to our policies and rules from time-to-time.  Currently those benefits are as follows:

(a)            you may add postings and other content to the My Name Is Mom site (our rules regarding content and postings are described below);  and

(b)            you may receive special level access to My Name Is Mom.

We may change the benefits and features of membership from time-to-time by sending you an email or by posting the changes on My Name Is Mom.

2.     Eligibility.  This section describes our membership eligibility requirements.  By submitting a membership application and accepting the terms of this agreement, you represent and warrant to us that:

(a)            you are an individual who can form a legally binding contract at law; and

(b)            you are at least 19 years old, and of the age of majority in the jurisdiction from which you access My Name Is Mom.

3.     My Name Is Mom Account, User Name and Password.

(a)            You may establish only one account with which to access and use My Name Is Mom.

(b)            You must select a unique user name and password for your account.  You may not use a user name or password that is, in our sole discretion, vulgar, offensive, defamatory, obscene, hateful or otherwise unlawful or objectionable.  You must keep your password secure and confidential.

(c)            You must not allow anyone else to access or use your user name, password or account.  You are solely responsible and liable for all activity conducted through your account.  If you become aware of or reasonably suspect any security breach, including any loss, theft or unauthorized disclosure or use of your password, you must immediately report the actual or suspected security breach to us. 

(d)            You must give us all “required information” we ask for on our registration form.  You agree to provide only true, complete and current information, and you agree to update this information as necessary to keep it true, complete and current.

4.     Payment.  There are currently no fees for becoming a member of My Name Is Mom.

5.     Inactive and Abandoned Accounts.  If you do not log into your account for any period of at least 180 consecutive calendar days, your account may be deemed “Inactive”.  We may, in our sole discretion, suspend or terminate inactive accounts.

6.     Termination.  In addition to any of our rights under this Agreement or at law or equity, we may terminate this Agreement, your account and your access to My Name Is Mom immediately if you fail to comply with any of the terms or conditions in this Agreement.

7.     Effect of Termination.  Upon termination of your account:

(a)            you will immediately cease all use of the member portions My Name Is Mom;  and

(b)            we may delete some or all of your data and Content from My Name Is Mom and from your account within 60 days after termination;  however, Section 11 below will apply to Content that is not deleted.

8.     Restrictions.  When using My Name Is Mom you must comply with all applicable laws and with all of our policies and rules, as updated from time-to-time.  For example, you must not:

(a)            hack, reverse engineer, disable, disrupt or interfere with the functioning of My Name Is Mom, or modify My Name Is Mom in any way;

(b)            upload or transmit to us or any other person anything that (if reproduced, published, transmitted or used) may be defamatory, threatening, abusive, obscene, pornographic, harmful or invasive of anyone’s privacy, may violate any law including intellectual property, privacy or other laws, or may give rise to civil or other liability;

(c)            upload to or transmit to us or any other person any data, file or software that contains a virus, Trojan horse, worm or other harmful component;

(d)            use My Name Is Mom for spamming, other advertising, or other bulk message transmission;

(e)            impersonate another person or entity, or misrepresent your identity or affiliation with any other person or entity;

(f)             post email addresses, telephone numbers, street addresses, last names or any other identifying information of any other user;

(g)            reprimand or correct any other user in a cruel or threatening fashion;

(h)            use abusive or offensive language on My Name Is Mom or on any of our forums, chat rooms, blogs or web sites;  or

(i)              engage in (or encourage anyone to engage in) any dangerous or illegal activity in connection with My Name Is Mom, or as a result of any information you post or see on My Name Is Mom.

In addition to any other available remedies, we may suspend or terminate your access to My Name Is Mom upon breach of any of the above obligations.

9.     Monitoring.  We or our representatives may monitor, modify, and delete communications on My Name Is Mom.  However, we cannot monitor all of the communications or content on My Name Is Mom, and we do not attempt to do so.  We do not endorse or approve any content that you or other users communicate on My Name Is Mom, and we do not assume any responsibility or liability for content that is generated by My Name Is Mom users.  We reserve the right to remove content that we determine, in our sole discretion, is objectionable for any reason. We will not have any liability for any failure to remove, or delay in removing, any content.

10.  Your Privacy Consent.  We and our representatives will collect personal information about you including your name, contact information, birth date, gender, numerical identifiers, personal preferences and other information.  You acknowledge that we and our representatives may use your personal information for the following purposes:

(a)            to allow us to communicate with you, manage your account with us, monitor your compliance with this Agreement, and manage any services we provide to you or other My Name Is Mom users,

(b)            if you check the applicable box in the registration form, to provide you with information about our services,

(c)            to customize the advertising and content that is presented to you on My Name Is Mom,

(d)            to contact you regarding any orders you place through My Name Is Mom, and to help process, deliver and take payment for those orders,

(e)            to verify your personal information, and

(f)             as described in our Privacy Policy, which is currently available at http://mynameismom.com/Privacy-Policy or from our privacy officer at Thirty Years Multimedia Inc., Suite 803, 4438 - West 10th Ave, Vancouver, British Columbia, Canada, V6R 4R8.

We may disclose your personal information electronically or in writing to our delivery and other service providers.  We will not provide this information to any additional parties without your consent.  We may use aggregate, non-identifiable information about My Name Is Mom members for promotional and advertising purposes.  We will not sell your personal information to third parties.  If we suspect you of fraudulent or other prohibited activities, we may disclose your personal information to the police or other authorities.  We will not otherwise disclose your personal information except as permitted or required by law.    

YOU HEREBY CONSENT TO US AND OUR REPRESENTATIVES COLLECTING, USING AND DISCLOSING YOUR PERSONAL INFORMATION IN THE MANNER DESCRIBED ABOVE. 

11.  Content You Provide.  We own all submissions, data, photographs, comments, suggestions, drawings, postings and other content that you enter into My Name Is Mom (the “Content”).  We may manipulate, format, edit, post, display, transmit, publish, distribute, sublicense and otherwise use the Content as we wish.  You hereby irrevocably assign the Content and all intellectual property rights in it to us, and you waive all moral rights you might have in the Content.  You represent and warrant to us that:

(a)            you created all of the Content solely by yourself,

(b)            no third party has any rights in the Content or the intellectual property in the Content;  and

(c)            our reproduction, display, distribution and other use of the Content will not violate or infringe the rights of any third party.

12.  Intellectual property.  As between you and us, we own all right, title and interest in My Name Is Mom, the graphical design of the user interface, the “look-and-feel” of the user interface, all modifications, customizations and additions thereto, and all intellectual property rights therein.  Our names and logos are our trade-marks and you must not use any of them without our consent.

13.  Materials.  You may download information, images, artwork, text, video, audio, pictures and other materials from My Name Is Mom to the extent necessary to use My Name Is Mom for the purposes of this Agreement.  However, you must not otherwise copy, reproduce, republish, post, transmit, display, perform, distribute, modify or create any derivative work from any of those materials or any other portion of My Name Is Mom without our prior written approval.

14.  Accuracy.  The content provided on or through My Name Is Mom might be inaccurate or incorrect. 

15.  Downtime.  Your use of My Name Is Mom might be interrupted and will not be free of errors.  My Name Is Mom may be unavailable from time-to-time due to routine maintenance, upgrades, hardware and software malfunctions, repairs, power outages, hackers, denial of service attacks and unforeseeably large service demands.

16.  Modifications.  From time to time, we may in our sole discretion add new features to My Name Is Mom, remove existing features from My Name Is Mom, or otherwise modify or change My Name Is Mom (including its functionality, visual design, “look-and-feel”, universal resource locators and software components).

17.  Contests.  We may provide contests on My Name Is Mom.  If we do, they will be governed by rules we impose upon contestants.  If you participate in a contest, you must comply with the rules of that contest.  If there is a conflict between this Agreement and the rules of a contest, the rules of the contest will govern with respect to that contest. 

18.  Links.  The sites that are linked from My Name Is Mom are not under our control, and we do not assume any responsibility or liability for any communications or materials available at those linked sites.  All links are provided for your convenience only;  they are not an endorsement or referral by us.

19.  Disclaimer.   MY NAME IS MOM IS PROVIDED “AS IS” AND “AS AVAILABLE”.  WE DISCLAIM ALL TERMS, CONDITIONS, GUARANTEES, REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, STATUTORY AND OTHERWISE), IN RESPECT OF My Name Is Mom, INCLUDING THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.  WE DO NOT WARRANT THAT MY NAME IS MOM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT MY NAME IS MOM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CONTENT.  CONTENT ON IS NOT MEANT TO BE USED AS SOURCE MATERIAL, AND IT HAS NOT BEEN VERIFIED FOR ACCURACY OR AUTHENTICITY.  OPINIONS EXPRESSED ON MY NAME IS MOM ARE NOT NECESSARILY OUR OPINIONS, AND WE DO NOT NECESSARILY CONDONE THEM.

20.  Limitation of Liability.  YOU USE MY NAME IS MOM AT YOUR OWN RISK.  WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS SUFFERED IN CONNECTION TO THE USE OF, OR INABILITY TO USE, MY NAME IS MOM.  WITHOUT LIMITING THE PREVIOUS SENTENCE, WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS, INJURY OR DAMAGE AND EVEN IF THAT LOSS, INJURY OR DAMAGE IS FORESEEABLE.  FURTHER, WE WILL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO YOUR ACCOUNT OR ACCOUNT BALANCE.

21.  Maximum Liability.  IF, DESPITE THE ABOVE LIMITATIONS, WE BECOME LIABLE TO YOU IN RESPECT OF MY NAME IS MOM, THAT LIABILITY WILL BE LIMITED TO THE LESSER OF THE FEES YOU PAID TO US FOR YOUR USE OF MY NAME IS MOM IN THE 3 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR $500.

22.  Indemnity.  YOU WILL INDEMNIFY US AND HOLD US HARMLESS FROM AND AGAINST ALL DAMAGES, INJURIES, LIABILITIES, COSTS, EXPENSES AND LEGAL FEES THAT WE MAY INCUR IN CONNECTION WITH YOUR USE OF MY NAME IS MOM OR YOUR BREACH OF ANY OBLIGATION IN THIS AGREEMENT.

23.  Changes to Agreement.  We reserve the right, in our sole discretion, to amend, this Agreement (including applicable fees and service charges, and benefits of membership) at any time and from time to time.  We will notify you of changes to this Agreement by sending messages to the email address you have provided or by posting the changes on My Name Is Mom.  Your continued use of your Account and of My Name Is Mom following notice of changes to this Agreement will mean that you accept any and all such changes.  If any change is not acceptable to you, your only recourse is to terminate your account.

24.  Governing law.  This Agreement will be governed by and construed in accordance with the laws in effect in British Columbia, Canada.  You hereby attorn irrevocably to the exclusive jurisdiction of the British Columbia courts sitting in Vancouver, British Columbia; however, you or we may apply to a court of competent jurisdiction for interim protection or equitable relief such as an interlocutory or interim injunction.

25.  General.  Waiver: No waiver, delay, or failure to act by us regarding any particular default or omission will prejudice or impair any of our rights or remedies regarding that or any subsequent default or omission that are not expressly waived in writing.  Entire Agreement:  This Agreement supersedes all prior agreements of the parties regarding the subject matter of this Agreement, and constitutes the whole agreement with respect to that subject matter.  Assignment and Sublicensing: You may not assign or sublicense this Agreement or any of your rights under this Agreement without our prior written consent, which may be withheld without cause.  Enurement: This Agreement will enure to the benefit of and be binding upon the parties and their lawful successors and permitted assigns.  Force Majeure:  No party will be liable for any non-performance or delay in performance by that party that is due wholly or in part to fire, flood, any act of God, riot, act of war (whether or not declared), terrorism, change in law or any other cause beyond the reasonable control of the party.  Currency:  All references to monetary amounts in this Agreement will be in Canadian currency.

BY CLICKING THE “CREATE NEW ACCOUNT” BUTTON ON THE REGISTRATION FORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO BE BOUND BY IT.
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