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Terms and Conditions

Terms and Conditions

This agreement sets forth the terms and conditions (“T&C’s”) which apply to your use of the poshmom.com Web site (the “Web Site” or “poshmom.com”). Poshmom.com is produced by The Posh Mom Life, a subsidiary of Pink Jam, LLC, for your personal entertainment/information only and is not transferable to any other person and/or entity. We reserve the right, at any time, to modify or update the T&C’s, and you agree to be bound by such modifications or updates. By visiting this site, subscribing to its service, or providing any other registration information, you agree to all terms and conditions including subsequent terms posted on this page without notification. If you are younger than 18 years of age, you are forbidden from becoming a member of this Web Site or posting information on this Web Site.

Using Poshmom.com

All materials and content on Poshmom.com, including forms to supply Posh Mom Picks information, are intended solely for entertainment/informational purposes and may not be used in connection with any commercial endeavors. As a visitor to poshmom.com, you agree: 1. To fill out registration, subscription, and contact forms with only true and accurate information. 2. The Posh Mom Life is not responsible for unsolicited material submitted to poshmom.com. 3. To contact The Posh Mom Life without delay about unlawful use of the Web site or any service it offers as well as any security violation you are privy to. 4. Acknowledge that your subscription and registration information as well as any comments or contents shared with poshmom.com are subject to technical processing over different networks and alterations to conform to such systems and other devices. The Posh Mom Life is not responsible for lost or deleted information or for information that in anyway was unsuccessfully processed. 5. To be responsible for acquisition and upkeep of equipment, specifically any hardware, or software necessary to use Web site. 6. That the content you view, including text, graphics, photographs, video, music, or other materials produced or posted on poshmom.com by The Posh Mom Life is at your own discretion and risk and acknowledge you may not rely on said content. 7. At any time, The Posh Mom Life has sole discretion to change, delete, add, or otherwise affect the content on the Web site. As a visitor to poshmom.com, you agree not to: 1. Transmit, post, or email any material that is unlawful, abusive, harmful, threatening, defamatory, tortious, vulgar, obscene, libelous, deceptive, fraudulent, an invasion of privacy or publicity laws, or defies any other law. 2. Misrepresent yourself as another (a) for the purposes of impersonating an official of poshmom.com; (b) by using another person’s email for registration purposes; 3. Use member name/email (a) without permission; (b) in violation of intellectual property rights; (c) that is offensive as deemed by poshmom.com. 4. Alter titles, headings, logos, or other identifiers for purposes of concealing source of site content. 5. Use any content from poshmom.com in any way that obstructs the principle and purpose of poshmom.com or its affiliates or makes such content able to be viewed in any way with unauthorized third party information, including but not limited to unauthorized advertising or other editorial content. 6. Transmit, post, or email any material that you may not under contractual or fiduciary relationships. 7. Transmit, post, or email any material that is protected by trademark, copyright, or other proprietary right, without the owner’s prior written consent. It is up to you to find out if material is not copyrighted, trademarked, or held under other proprietary right; if not, you are solely responsible for any action resulting from copyright or trademark infringement, or violation of other proprietary right. 8. Transmit, post, or email material that contains software viruses or other features that can negatively affect or destroy content, personal information, or other data on any computer software or hardware. 9. Knowingly and willfully prevent others from using any part of poshmom.com in the expected manner. 10. Knowingly and willfully cause the expected performance or results of poshmom.com to be negatively affected, including but not limited to, actually or attempting to manipulate, corrupt, or otherwise affect the outcome of the Web Site in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names; 11. Impede, disturb, or violate any services, procedures, terms, policies, or regulations of the Web Site, the servers, or networks associated with poshmom.com. 12. Use this Web Site in violation of any law, rules, regulation, ordinance or requirement to which you are subject.

Poshmom.com content use

This Web Site and the content on this Web Site are owned by The Posh Mom Life or its affiliates and are protected by the copyright laws of the United States of America, 17 U.S.C. §§ 101 et seq., as well as the copyright laws of other countries and jurisdictions. Similarly, “The Posh Mom Life”, “Pink Jam, LLC”, “poshmom.com” and the other names and trade names under which The Posh Mom Life does business are all trademarks of The Posh Mom Life. Unless expressly granted prior permission in writing by The Posh Mom Life, LLC or poshmom.com or any and all other parties with an interest in the relevant intellectual property, under no circumstances may you reproduce, modify, publish, copy, adapt, display, or transmit the foregoing copyrights, trademarks or other content on this Web Site. You may, however, print a copy of individual screens appearing as part of the Web Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. If use is granted by The Posh Mom Life, LLC, poshmom.com and any and all other parties with an interest in the relevant intellectual property, all copyright notices and other restrictions on the Web site shall be adhered to and there shall be no change or deletion to any trademark or copyright, legend, author, photographer, illustrator, or product manufacturer attribution. To obtain written permission, please send requests to: The Posh Mom Life, LLC, 606 Post Road East, Suite 417, Westport, CT 06880.

Unsolicited Materials

The Posh Mom Life and poshmom.com does not solicit any materials that contain confidential, secret, or proprietary information nor does it want to be sent any of like material via post office mail, email, or by any other form of communication. Should you submit information or other material to The Posh Mom Life or poshmom.com (a) the information will be considered non-confidential; (b) you represent and affirm that the information or other material is created by you and that no one else has any rights to it and (c) The Posh Mom Life may consider the information or other material to be freely available for use of any kind, including use in advertisements and promotions, without recognition, compensation or payment of any kind.

User’s Grant Of Limited License

You grant to The Posh Mom Life and poshmom.com the world-wide, royalty-free, unrestricted, perpetual, irrevocable, non-exclusive, transferable and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any information, content or material submitted by you via email, post-office mail, or any other communication (in whole or in part) including but not limited to ideas, suggestions, information, concepts, photographs, illustrations, or graphics and/or to incorporate such information, content or material in other works in any form, media, or technology now known or later developed. You represent and warrant that: (i) you own all content posted by you on the Web Site or otherwise have the right to grant the license set forth in this section, (ii) your content does not violate the privacy rights, publicity rights, copyrights, intellectual property rights, or any other rights of any person, and (iii) the posting of your content on the Web Site does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and other monies owing any person by reason of any content you post on the Web Site.

Sites We Like–And Link to

As a visitor to poshmom.com, you may be able to link to other web sites, including but not limited to e-commerce, information, resource, advertising–from the Web site. The Posh Mom Life has no control over nor is in any way responsible for the functionality or availability of these other web sites, nor does The Posh Mom Life endorse or retain responsibility for the content, products, advertising, or other materials available on or through said other sites including but not limited to any links found on said sites. These links do not imply The Posh Mom Life’s endorsement of or association with the linked sites. It is your sole responsibility to comply with the appropriate terms of service and privacy policies of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. Under no circumstances will The Posh Mom Life or poshmom.com be liable, directly or indirectly, for any loss or damage brought on by or allegedly brought on by any association with material, products, or information attained through said third party sites. Any concerns should be directed directly to that third party site’s administrator or webmaster.

Message Boards and Chat Rooms.

The Posh Mom Life may host message boards, chat rooms and other public forms on the Web Site. Any user failing to comply with these T&C’s may be expelled from and refused continued access to, the message boards, chat rooms or other public forums in the future. The Posh Mom Life or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chat rooms and other public forums are intended to serve as discussion centers for members of the Web Site. Information and content posted within these public forums may be provided by The Posh Mom Life staff, The Posh Mom Life’s outside contributors or by users not connected with The Posh Mom Life, some of whom may employ anonymous user names. The Posh Mom Life expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor is The Posh Mom Life responsible for any errors or omissions in such postings or for hyperlinks embedded in messages. The content posted on message boards, chat rooms or other public forums on the Web Site is the sole responsibility of the person supplying the content, and The Posh Mom Life has no obligation whatsoever to monitor any such content or postings. However, you acknowledge and agree that The Posh Mom Life has the absolute right to monitor the same at its sole discretion. In addition, The Posh Mom Life reserves the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect The Posh Mom Life, its clients, sponsors, users and visitors.

Disclaimer

THE WEB SITE AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, THE POSH MOM LIFE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. THE POSH MOM LIFE DOES NOT WARRANT OR GUARANTEE (A) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (B) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THE POSH MOM LIFE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU (AND NOT THE POSH MOM LIFE OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation Of Liability

IN NO EVENT WILL THE POSH MOM LIFE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF THE POSH MOM LIFE OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE POSH MOM LIFE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

You agree to defend, indemnify and hold The Posh Mom Life, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Web Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any content or other materials by you or users authorized by you or any violation of these T&C’s by you. The Posh Mom Life reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with The Posh Mom Life in asserting any available defense.

Copyrights

We adhere to intellectual property right laws, locally, nationally, and internationally, including the Digital Millennium Copyright Act (DMCA). If you think your work has been copied or that any posted content is objectionable or the subject of copyright infringement, please send a letter containing the following requested information to the address below:

  • Your username on poshmom.com and mailing address, telephone number, and e-mail address.
  • A synopsis of the material that you are claiming has been infringed and details of where on the Web site the allegedly infringed material is posted;
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The Posh Mom Life 606 Post Road East Suite 417 Westport, CT 06880 Attn: Copyright Department Email: info@poshmom.com Upon The Posh Mom Life’s receipt of a proper notice of claimed infringement under the DMCA, The Posh Mom Life will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue.

Applicable Laws / Jurisdiction

You agree that the laws of the State of Connecticut, excluding its conflicts-of-law rules, shall govern these Terms and Conditions. Please note that your use of the Web Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with The Posh Mom Life or relating in any way to your use of the Web Site resides in the courts of the State of Connecticut, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Connecticut, in connection with any such dispute and including any claim involving The Posh Mom Life or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. We control and operate this site from our offices in Westport, Connecticut. We do not represent that materials on the site are appropriate or available for use outside of Westport, Connecticut. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any inquiries concerning these terms and conditions of use should be directed to info@poshmom.com.

Provisions unenforceable or invalid

If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Assignment

You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. The Posh Mom Life may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent. If you have any questions about this policy or our site in general, please contact us at info@poshmom.com.

Termination of Access

In addition to any right or remedy that may be available to The Posh Mom Life under applicable law, The Posh Mom Life may suspend, limit or terminate your membership to the Web Site or all or a portion of your access to the Web Site, and/or your rights to use any of the content, at any time with or without notice and with or without cause. In addition, The Posh Mom Life may refer any information on illegal activities, including your identity, to the proper authorities.

Privacy Policy

Use of the Web Site and/or the Service is also governed by our Privacy Policy, available at privacy policy. The Posh Mom Life takes the privacy of you and your personal information very seriously. The Posh Mom Life only collects personal information that you voluntarily submit through the Web Site. For further information about how The Posh Mom Life uses information collected from you, please review our privacy policy.

Sponsors

On poshmom.com there is always a clear delineation between advertising and editorial. Anytime a sponsor or advertiser–paid or bartered–appears on poshmom.com, it is clearly marked in a ‘‘sponsor’’ box or banner. Never will you find advertising camouflaged as editorial. These T&C’s are effective and were last updated on May 10, 2007.

NAI Opt Out of Behavioural Advertising

The NAI Opt-out Tool was developed in conjunction with our members for the express purpose of allowing consumers to “opt out” of the behavioural advertising delivered by our member companies. Please click here for further information: 


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