Terms and Conditions
NMHOF may modify this Agreement from time to time and such modification shall be effective upon posting by NMHOF on the NMHOF Website. You agree to be bound to any changes to this Agreement when you use the NMHOF Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on NMHOF and that you provide to other Users. Your NMHOF profile may not include the following items: telephone numbers, street addresses, and any photographs containing nudity, or obscene, lewd, violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition and without the awareness of NMHOF, information provided by other NMHOF Members (for instance, on their Mom’s Profile) might contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and NMHOF assumes no responsibility or liability for this material. If you become aware of any material that you find objectionable, please contact NMHOF immediately with accurate information as to the location and nature of the material. Contact should be made via email at firstname.lastname@example.org.
NMHOF reserves the right, at its sole discretion, to reject, refuse to post or remove any posting (including discussion board and blog topics and comments) by you, or to restrict, suspend, or terminate your access to all or any part of the NMHOF Services at any time, for any or no reason, with or without prior notice, and without liability.
Eligibility.Use of and Membership in the NMHOF Services is void where prohibited. By using the NMHOF Services, you represent and warrant that (a) all information you submit is accurate and truthful; (b) your use of the NMHOF Services does not violate any applicable law or regulation; and (c) you will maintain the accuracy of such information.
Password. When you sign up to become a Member, you will use your email as a username and either enter a password to use, or be assigned the same password that you use with FaceBook if you choose to register with FaceBook. You may change this password at any time while logged into your account. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify NMHOF immediately if you suspect unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account, and share the responsibility for the content of any mother that you nominate with the mother if you set her up to access the account.
Non-commercial Use by Member.The NMHOF Services are for the personal use of Member only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by NMHOF. Illegal and/or unauthorized use of the NMHOF Services, including collecting email addresses and/or usernames of Member by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the NMHOF Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. All necessary legal action will be taken for any illegal or unauthorized use of the NMHOF Services.
Fees.You acknowledge that NMHOF charges a nomination fee and reserves the right to charge a fee for other NMHOF Services and to change the fees on a periodic basis at its discretion. If NMHOF terminates your membership for any reason, you shall not be entitled to a refund of any portion of any nomination fees or other fees, unless specified on the site.
Term.This Agreement shall remain in full force and effect while you use the NMHOF Services. You may terminate your Membership at any time, for any reason, by sending an email to email@example.com or by sending a letter via U.S. Postal service to the current office address as listed on the Contact Us page. While the NMHOF intends to maintain mothers nominated and inducted into the NMHOF indefinitely, the NMHOF provides no warranty of this and may terminate your membership and shut down the site at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.
Rights to Content on NMHOF.NMHOF acknowledges and agrees that you shall retain all rights in and control over the text, files, images, photos, video, sounds, musical works, or any other materials (collectively, "Content") that you post to the NMHOF Services subject to the terms herein. After posting your Content to the NMHOF Services, you continue to have the right to use your Content in any way you choose. By displaying or posting any Content on or through the NMHOF Services, you hereby grant to NMHOF a world-wide, transferable, nonexclusive, irrevocable, royalty-free license to use, display and reproduce, and distribute such Content on and through the NMHOF Services, NMHOF Books, NMHOF TV, or other advertisements or promotions run by NMHOF on its own or collectively with any promotional partners of its choice. The license you grant to NMHOF is non-exclusive (meaning you are free to license your Content to anyone else in addition to NMHOF), fully-paid and royalty-free (meaning that NMHOF is not required to pay you for the use on the NMHOF Services, or in any NMHOF Books, or on any NMHOF TV programs of the Content that you post), sub-licensable (so that NMHOF is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the NMHOF Services), and worldwide (because the Internet and the NMHOF Services are global in reach). This license is irrevocable and will extend into perpetuity for any content used by the NMHOF but may be terminated for new uses of content by removing your Content from the NMHOF Services. The NMHOF Services contain Content of NMHOF ("NMHOF Content"). All NMHOF Content is protected by copyright, trademark, patent, trade secret and other laws, and NMHOF owns and retains all rights in the NMHOF Content and the NMHOF Services. NMHOF hereby grants you a limited, revocable, non-sub licensable license to reproduce and display the NMHOF Content (excluding any software code) solely for your personal use in connection with viewing the NMHOF Website and using the NMHOF Services. You represent and warrant that: (i) you own the Content posted by you on or through the NMHOF Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the NMHOF Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the NMHOF Services. The NMHOF Services contain Content of Users and other NMHOF licensors. Except for Content posted by you, you may not sell any Content appearing on or through the NMHOF Services. You may share links to Content through recognized social media sharing sites such as FaceBook, Twitter, Google Plus and others without modifying the original materials.
Content Posted.NMHOF may delete any Content that in the sole judgment of NMHOF violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. NMHOF assumes no responsibility for monitoring the NMHOF Services for inappropriate Content or conduct. If at any time NMHOF chooses, in its sole discretion, to monitor the NMHOF Services, NMHOF nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on or through any of the NMHOF Services, and any material or information that you transmit to other Member and for your interactions with other Users. NMHOF does not endorse and has no control over the Content. Content is not necessarily reviewed by NMHOF prior to posting and does not necessarily reflect the opinions or policies of NMHOF. NMHOF makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Member.
Content/Activity Prohibited.The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the NMHOF Services. NMHOF reserves the right to investigate and take appropriate legal action against anyone who, in NMHOF's sole discretion, violates this provision, including without limitation, removing the offending communication from the NMHOF Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of NMHOF:
- Is offensive and promotes racism, hatred, bigotry, or physical harm of any kind
- Harasses or advocates harassment of another person
- Exploits anyone in a sexual or violent manner
- Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
- Solicits personal information from anyone under 18
- Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files
- Contains nudity, violence, or offensive subject matter or contains a link to an adult website
- Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page)
- Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming"
- Solicits passwords or personal identifying information for commercial or unlawful purposes from other Users
- Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses
- Involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes
- The following is a partial list of the kind of activity that is illegal or prohibited on the NMHOF Website and through your use of the NMHOF Services. NMHOF reserves the right to investigate and take appropriate legal action against anyone who, in NMHOF's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- Criminal activity, including child pornography, drug dealing, gambling, fraud, trafficking in obscene material, harassment, stalking, spamming, sending of viruses or other harmful files, patent infringement, copyright infringement, or theft of trade secrets
- Advertising to, or solicitation of, any member to buy or sell any products or services through the NMHOF Services. You may not transmit chain letters or junk email to other Member. It is also a violation of these rules to use any information obtained from the NMHOF Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent
- Interfering with, disrupting, or creating an undue burden on the NMHOF Services or the networks or services connected to the NMHOF Services
- Any automated use of the system, such as using scripts to add friends or send comments or messages
- Using the account, username, or password of another member at any time or disclosing your password to any third party or permitting any third party to access your account, other than a nominator setting up a mother
- Attempting to impersonate another member or person
- Selling or otherwise transferring your profile
- Using any information obtained from the NMHOF Services in order to harass, abuse, or harm another person
- Using the NMHOF Services in a manner inconsistent with any and all applicable laws and regulations
Disputes.If there is any dispute about or involving the NMHOF Services, you agree that the dispute shall be governed by the laws of the State of Michigan, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Michigan. Either NMHOF or you may demand that any dispute between NMHOF and you about or involving the NMHOF Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Michigan, USA, provided that the foregoing shall not prevent NMHOF from seeking injunctive relief in a court of competent jurisdiction.
Disclaimers.NMHOF is not responsible for any incorrect or inaccurate Content posted on the NMHOF Website or in connection with the NMHOF Services, whether caused by Users of the NMHOF Services or by any of the equipment or programming associated with or utilized in the NMHOF Services. Profiles created and posted by Member on the NMHOF Website may contain links to other websites. NMHOF is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by NMHOF. Inclusion of any linked website on the NMHOF Services does not imply approval or endorsement of the linked website by NMHOF. When you access these third-party sites, you do so at your own risk. NMHOF takes no responsibility for third party advertisements which are posted on this NMHOF Website or through the NMHOF Services, nor does it take any responsibility for the goods or services provided by its advertisers. NMHOF is not responsible for the conduct, whether online or offline, of any User of the NMHOF Services. NMHOF assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. NMHOF is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the NMHOF Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the NMHOF Services. Under no circumstances shall NMHOF be responsible for any loss or damage, including personal injury or death, resulting from use of the NMHOF Services, attendance at a NMHOF event, from any Content posted on or through the NMHOF Services, or from the conduct of any Users of the NMHOF Services, whether online or offline. The NMHOF Services are provided "as-is" and as available and NMHOF expressly disclaims any warranty of fitness for a particular purpose or non-infringement. NMHOF cannot guarantee and does not promise any specific results from use of the NMHOF Services.
U.S. Export Controls.Software available in connection with the NMHOF Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the NMHOF Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Limitation on Liability.Under no circumstances shall NMHOF be liable in any direct or indirect manner for your use of any NMHOF services, even if you notify NMHOF of any potential circumstances. The liability of 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 NMHOF for the NMHOF Services during the term of your membership.
Indemnity.You agree to indemnify and hold NMHOF, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the NMHOF Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the NMHOF Website or through the NMHOF Services causes NMHOF to be liable to another.
Other.This Agreement is accepted upon your use of the NMHOF Website or any of the NMHOF Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and NMHOF regarding the use of the NMHOF Services. The failure of NMHOF to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. National Mothers Hall of Fame is a trademark of Hall of Fame Corp. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: firstname.lastname@example.org with any questions regarding this Agreement.