TERMS OF SERVICE

MGEL, Inc. (the “Company”) offers Circle of Moms (the “Service”) through our site, http://www.circleofmoms.com and through our Facebook application, http://apps.facebook.com/circleofmoms, according to the Terms of Service declared below. The Company reserves the right to modify these terms without notice. Your continued usage of the Service (including your use of the Service via any other websites, applications, platforms, software or downloadable clients) constitutes your acceptance of these terms, available at http://www.circleofmoms.com/tos.php. Violation of any of these terms may result in removal of your postings and termination of your user account. Questions about the Terms of Service may be sent to contact@circleofmoms.com. References to “MGEL”, “we”, “us”, and “our” herein refer to the Company.

Usage Terms

The Service is not suitable for all audiences. Its content is frequently presented in a coarse and direct manner that some may find offensive. If you do not consider yourself an appropriate user or are offended, please do not use the Service.
The Service is not intended for children under 13. By using the Service, you are representing that you are at least 18, or that you are at least 13 years old and have your parents’ permission to use the Service.
You may not use the Service for any illegal activity or to violate laws in your jurisdiction.
You may not exploit the Service to access unauthorized information.
The Company reserves the right to modify, suspend, or discontinue the Service for any reason, with or without notice.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. YOU ASSUME COMPLETE RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE. THE COMPANY DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) YOU WILL BE SATISFIED WITH THE SERVICE, (III) YOU WILL AT ALL TIMES BE ABLE TO USE THE SERVICE, (IV) THE SERVICE WILL BE WITHOUT ERRORS, OR (V) THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
The Company is not responsible for any damages or loss resulting from your use of the Service.
Any failure of the Company to enforce or exercise a right provided in these Terms of Service is not a waiver of that right.
Should any provision of these Terms of Service be found invalid or unenforceable, the remaining terms shall still apply.
These Terms of Service constitutes the entire agreement between you and the Company and supersede any and all previous agreements, written or oral, between you and the Company, including previous versions of the Terms of Service.

User Conduct

Users may not post Content (as defined below) that:
1. is unlawful, threatening, libelous or defamatory;
2. violates any party’s intellectual property; or
3. is detrimental to the quality or intended spirit of the Service.
Examples of unacceptable Content or behavior on the Service include:
1. abuse, harassment, engagement in personal character attacks, threats of violence, flaming, intimidation, of any person or organization, or any other threatening behavior;
2. engaging in or contributing to any illegal activity or activity that violates others’ rights;
3. violating the Service’s Community Guidelines;
4. providing information that is false, misleading or inaccurate;
5. hacking or modifying the Service to falsely imply an association with the Company;
6. implying or pretending to be affiliated with a company or organization with which you are not affiliated, or misrepresenting the extent of your affiliation or role with an affiliated company or organization; or
7. disclosing personal or proprietary information of another user, person or organization.
The Company has the right, but not the obligation, to limit or revoke the use privileges of anyone who, in the Company’s sole discretion, either posts unacceptable Content or engages in unacceptable behavior.
At any time, the Company can refuse to allow a posting or remove a posting at its sole discretion. However, MGEL is not obligated to restrict or monitor submissions in any way, or to block users who either submit inappropriate content or engage in unacceptable behavior.
By submitting Content, you represent and warrant that such Content:
1. shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights;
2. shall not be fraudulent or involve counterfeit or stolen information or items;
3. shall not violate any law, statute, ordinance or regulation; and
4. shall not create any liability for MGEL or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders.
You may not submit Content using unauthorized automated methods (including but not limited to “bots”).
The Company cannot control all Content posted by third parties to the Service, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will the Company be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. If you would like to report objectionable materials, you may use the “Flag for review” feature on any topic or reply. Urgent issues can be reported to contact [at] circleofmoms [dot] com.
Use of the Service is also governed by our Privacy Policy, a copy of which is currently located at http://www.circleofmoms.com/privacy.php

Copyright and Ownership

The Company owns intellectual property rights to any protectable part of the Service, including but not limited to the design, artwork, functionality, and documentation. You may not copy, modify, or reverse engineer any part of the Service owned by the Company.
Any documents, messages, graphics, images, files, data and other information (collectively, “Content”) posted on the Service by you shall remain your sole and exclusive property, and you shall be solely responsible for your Content and the consequences of posting or publishing it.
In order to operate the Service, the Company needs the right to make certain uses of your publicly-posted Content. Therefore, when you post Content on the Service, you agree to grant the Company (and its affiliates and sublicensees) an irrevocable, perpetual, worldwide, royalty-free, fully sublicenseable, non-exclusive license to copy, distribute, sell, publicly display, publicly perform and make derivative works of your Content on the Service, on services affiliated with the Service and elsewhere (including but not limited to print, video, audio or computer media), regardless of the form of media used or of whether such media or services now exist or are developed in the future. You further grant the Company (and its affiliates and sublicensees) the right to use the username that you submit in connection with such Content, if they choose, so long as such use does not reveal personally identifying information. By posting Content to the Service, you hereby represent and warrant that you have the right to post that Content and to grant the foregoing rights to the Company (and its affiliates and sublicensees).
The Company is not liable for any damages or losses resulting from the Service transmitting information such as personal messages over unencrypted networks such as email.
The Company respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who repeatedly infringe others’ rights.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Company’s copyright agent:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
The Company’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

625 2nd Street, Suite 300

San Francisco, CA 94107

By email:

contact@circleofmoms.com

Participation Disclaimer

The Company does not and cannot review all Content posted to or created by users accessing the Service, and is not in any manner responsible for the content of these communications or the activities of these users.
You acknowledge that the Service does not provide professional advice. Content and other material contained on the Service are for entertainment purposes only. Content is not intended to be a substitute for professional advice, diagnosis and treatment or disposition, including but not limited to medical, legal, and psychological. Reliance on any information provided by the Service or other users of the Service is solely at your own risk.
You acknowledge that by providing you with the ability to view and distribute user-generated content through the Service, MGEL is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the Content or the Service users’ activities.
The Company and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and stockholders do not undertake or assume any duty to monitor the Service for inappropriate Content.
THE COMPANY AND ITS RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS ASSUME NO RESPONSIBILITY OR LIABILITY WHICH MAY ARISE FROM THE CONTENT THEREOF, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, LIBEL, SLANDER, INFRINGEMENT, INVASION OF PRIVACY AND PUBLICITY RIGHTS, OBSCENITY, PORNOGRAPHY, PROFANITY, FRAUD, OR MISREPRESENTATION.

Updated: May 2009