BINDING AGREEMENT. These Terms of Use act as a binding agreement (“Agreement) between you and https://momydady.com/ (“us”, “we”, “our”). By accessing this website (the “Site”), you acknowledge constructive notice of these Terms of Use and your agreement to be bound by the language herein. You further declare you are 18 or older.
- 1. INTENDED USE – NORTH AMERICA.
- 2. PRIVACY POLICY.
- 3. LICENSE.
- 4. VIOLATIONS.
- 5. COMMUNICATION.
- 6. USER CONTENT.
- 7. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.
- 8. INAPPROPRIATE CONTENT.
- 9. NO WARRANTIES.
- 10. LIMITED LIABILITY.
- 11. AFFILIATED SITES.
- 12. PROHIBITED USES.
- 13. INDEMNITY.
- 14. COPYRIGHT.
- 15. GOVERNING LAW.
- 16. SEVERABILITY; WAIVER.
- 17. NO LICENSE.
- 18. AMENDMENTS.
- 19. MEDICAL INFORMATION.
- 20. FUNDING.
1. INTENDED USE – NORTH AMERICA.
The Site is intended for use by individuals located in North America. We make no representation or warranty that any of the materials to which you are being given access are available or appropriate for use in other jurisdictions. We do not envisage offering goods or services to parties located in the European Union nor do we intend to collect personal data from or monitor such parties.
2. PRIVACY POLICY.
We comply with North American laws when it comes to your privacy. To this end, we’ve put together this Privacy Policy detailing what information we collect from you, how we store and secure that data, how the data is used, and who we share the data with online and off.
3. LICENSE.
We grant you a non-exclusive, non-sublicensable, non-transferable license and right to use and access the Site. You understand and agree you have no right to modify, edit, create derivative works from, distribute, sell, rent, share, or republish any information provided on the Site without our express consent. You further understand no ownership right in the content on this Site or publications being provided through it is being granted to you.
4. VIOLATIONS.
If you materially breach these Terms of Use, we may, in our sole discretion, terminate your access to the Site by blocking your IP address or taking other technical measures. We reserve the right to seek all remedies available by law and in equity for such breaches.
5. COMMUNICATION.
If you contact us or sign up to receive messages from us, you consent to receive communications from us electronically. You agree that any such communication via email shall constitute proper written communication in compliance with any and all legal notice requirements.
6. USER CONTENT.
You grant us a license to use the materials you post to the Site including comments to the blog posts. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”), you are granting us, our affiliates, officers, directors, employees, consultants, agents, and representatives a license to use the User Content in connection with the operation of our business, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat the User Content. You will not be compensated for any User Content. You agree we may publish or otherwise disclose your name in connection with your User Content. In posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute it.
7. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.
When accessing or using the Site, you agree to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademarks, and other intellectual property laws. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
8. INAPPROPRIATE CONTENT.
You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content to the Site that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. We reserve the right to terminate your receipt, transmission, or other distribution of any such material using the Site, and, if applicable, to delete any such material from its servers. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
9. NO WARRANTIES.
WE ARE MAKING THE SITE AVAILABLE TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
10. LIMITED LIABILITY.
OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR INFORMATION PROVIDED ON THE SITE. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
11. AFFILIATED SITES.
We work with a number of companies whose websites may be linked to within the Site. Because we do not have control over the content and performance of these third party sites, we make no promises or guarantees about the accuracy, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.
12. PROHIBITED USES.
We impose certain restrictions on your permissible use of the Site. You agree not to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site. You are further prohibited from copying any content on the Site, whether manually or through automated means, without our express permission. Any violation of system or network security may subject you to civil and/or criminal liability.
13. INDEMNITY.
You agree to indemnify us for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless us from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
14. COPYRIGHT.
All contents of the Site are Copyright 2017-2020 momydady.com. All rights reserved.
15. GOVERNING LAW.
These Terms shall be construed in accordance with and governed by the laws of Malaysia, without reference to rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the courts in the Federal Territory of Labuan, Malaysia, in all disputes arising out of or related to the use of the Site or these Terms of Use.
16. SEVERABILITY; WAIVER.
If, for any reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
17. NO LICENSE.
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by us or by any third party.
18. AMENDMENTS.
We reserve the right to amend these Terms and shall do so by posting a notice on the Site. Said amendment shall be binding 30 days after being posted to the Site. You may reject the amendments by opting out of our email list.
19. MEDICAL INFORMATION.
All information found on momydady.com is intended for informational and educational purposes only. The information provided on this website is not intended to be a replacement or substitute for professional medical advice. Always contact your primary healthcare provider when making a decision that could impact you or your child’s health and well-being.
20. FUNDING.
momydady.com is funded by the commissions generated by clicks on affiliate links and display advertising within our content.
We do not accept donations, payment, or freebies in exchange for the advertisement of any kind. This is done in order to maintain the integrity of the information and avoid any conflict of interest.
Following are Updated Terms of Use for 2024 – Website Viewers
Effective Date: January 1, 2024
Welcome to our website [https://Momydady.com]! These Terms of Use (“Terms”) govern your access and use of our website and any related services we offer (collectively, the “Services”). Please read these Terms carefully before using the Services. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services.
1. General Provisions
These Terms are a contract between you and MomyDady. We may modify these Terms at any time by posting the revised Terms on the Services. The revised Terms will be effective upon posting. It is your responsibility to review the Terms regularly for any changes. Your continued use of the Services after the posting of revised Terms constitutes your acceptance of the revised Terms.
2. Eligibility
You must be at least 18 years old and have the legal capacity to enter into these Terms to use the Services. If you are located in the European Union, you must be at least 16 years old.
3. User Accounts
You may need to create an account to access certain features of the Services. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
4. Acceptable Use
You may only use the Services for lawful purposes and in accordance with these Terms. You agree not to use the Services:
In any way that violates any applicable law or regulation.
For any unlawful or fraudulent purpose.
To infringe on the rights of any third party, including their intellectual property rights.
To transmit any harmful content, such as viruses, malware, or spyware.
To interfere with or disrupt the Services or any networks connected to the Services.
To impersonate any person or entity.
5. User Content
You may be able to submit content to the Services, such as comments, reviews, or photos (“User Content”). You retain all ownership rights to your User Content. However, by submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, publish, distribute, and display your User Content in connection with the Services. You are responsible for ensuring that your User Content does not violate the rights of any third party or these Terms.
6. Intellectual Property
The Services and their content, including text, graphics, logos, trademarks, and service marks, are protected by intellectual property rights, including copyrights, trademarks, and patents. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, sell, or otherwise exploit any content from the Services without our prior written permission.
7. Disclaimers
The Services are provided “as is” and without any warranties of any kind, whether express or implied. We disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, and title. We do not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services are free of viruses or other harmful components.
8. Limitation of Liability
To the maximum extent permitted by law, we will not be liable for any damages arising out of or in connection with your use of the Services, including, but not limited to, direct, indirect, incidental, consequential, and punitive damages.
9. Indemnification
You agree to indemnify and defend us from and against any and all claims, losses, damages, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with your use of the Services or your violation of these Terms.
10. Termination
We may terminate your access to the Services for any reason, at any time, without notice. We may also remove any User Content that we deem to be in violation of these Terms.
11. Governing Law
These Terms will be governed by and construed in accordance with the laws of the Australia, United States of America, without regard to its conflict of laws provisions. If you are located in the European Union, these Terms will be governed by the laws of the country in which you reside, and you will have the right to bring any claim arising out of or in connection with these Terms before the competent courts in the country in which you reside.
12. Dispute Resolution
If you have any dispute with us, you agree to first try to resolve the dispute informally by contacting us. If the dispute cannot be resolved informally, you agree that any legal proceedings will be brought exclusively in the courts of the State of Yours.