Please read this User Agreement before using this Service. By continuing to use the Internet site located at www.pennywisedollarwiser.com (the “Site” or “Service”) or any services provided in connection with the Site, you agree to abide by the conditions of this User Agreement.
If you do not agree to this User Agreement, please do not use the Site. Babyproof Me Media Group, Inc. (“Company”) reserves the right to modify or amend the terms of this User Agreement from time to time without notice. Your continued use of the Site following the posting of changes to these terms will mean you accept those changes.
1. Site Access License
The Company grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal, non-commercial use of the Site or its content and not to modify all or any portion of the Site and its content. This license does not include any resale or commercial use of the Site or its contents; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Site and/or any portion of the Site may not be reproduced, sold, resold, visited, or otherwise exploited for any commercial purpose without the Company’s express written consent. You will not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of the Company, its content providers or its affiliates without express written consent. You will not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.
2. Copyright and Ownership
All of the content featured or displayed on the Site, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by the Company, its licensors, vendors, agents, and/or its Content providers. All elements of the Site, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Service and the Site may only be used for the intended purpose for which such Site and Service are being made available. Except as may be otherwise indicated in specific documents within the Site or as permitted by copyright law, you are authorized to view, play, print, and download copyrighted documents, audio, and video found on our Site for personal, informational, and noncommercial purposes only. Notwithstanding the foregoing, you may not download, republish, retransmit, reproduce, or otherwise use any images on the Site attributed to third parties. Except as permitted by copyright law, You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content or other information or work contained on the Site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Site. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Service. The Site, its Content, and all related rights shall remain the exclusive property of the Company or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Site.
3. Trademarks/No Endorsement
All trademarks, service marks, and trade names of the Company used on the Site (including but not limited to: the Company name, corporate logo, the Site name, the Site design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of the Company or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without the Company’s prior written consent. The use of the Marks on any other web site or network computer environment is not allowed. The Company prohibits the use of the Marks as a “hot” link on or to any other web site unless establishment of such a link is approved in advance. You shall not use the Company’s name or any language, pictures or symbols which could, in the Company’s judgment, imply the Company’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
4. Account Registration and Security
You understand that you may need to create an account to have access to all or parts of the Site. In consideration of your use of the Site, you will: (a) provide true, accurate, current, and complete information as prompted by the Site’ registration page (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Company may suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Site using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Site. We have the right to provide account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information. The Site may also include a tool that allows you to sign in or register using information from your account with a third party service, such as Facebook, Twitter, Google, Reddit, Pinterest, or Instagram. These third party services are unrelated to the Site, and your use of such third party services is subject to the terms and policies of those services.
5. Solicited Submission Policy
Where the Company has specifically invited or requested submissions, the Company encourages members of the public to submit user published content or user content (e.g. comments to stories, curation of story collections and related links and images, etc.) to the Company in connection with the Site (“User Submissions”). User Submissions remains the intellectual property of the individual user. By posting content on our Site, you expressly grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display the User Submission and your profile information, including your voice and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sub-license such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and the Company shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.
6. Inappropriate User Submissions
The Company does not encourage, and does not seek User Submissions that result from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort. You agree that you have not and will not engage in any of the foregoing activities in connection with producing User Submissions. If the Company receives notice that a User Submission allegedly violates any provision of this Agreement, the Company reserves the right to determine, in its sole discretion, if such a violation has occurred, and to remove any such User Submission from the Site at any time and without notice.
7. User Published Content
User published Content does not represent the views of the Company or any individual associated with the Company, and we do not control this Content. In no event shall you represent or suggest, directly or indirectly, the Company’s endorsement of user published Content. The Company does not vouch for the accuracy or credibility of any user published Content on our Site, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published Content on our Site. Through your use of the Site and the Service, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Site, you assume all associated risks.
8. Advertising Rights
The Company reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your User Submission, and the Company and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these terms obligates or may be deemed to obligate the Company to sell, license or offer to sell or license any advertising, promotion or distribution rights.
9. Linking to the Site
Creating or maintaining any link from another web site to any page on the Site without our prior written permission is prohibited. Running or displaying the Site or any information or material displayed on the Site in frames or through similar means on another web site without our prior written permission is prohibited. Any permitted links to the Site must comply will all applicable laws, rule and regulations.
10. Third Party Links
The Site contain links to web sites that are not owned, operated, or controlled by the Company. If you use these links, you will leave the Site. We are not responsible for any content, materials, or other information located on or accessible from any other web site. We do not endorse, guarantee, or make any representations or warranties regarding any other web site, or any content, materials or other information located or accessible from any other web Site, or the results that you may obtain from using any other web site. If you decide to access any other web site linked to or from this Site, you do so entirely at your own risk.
11. Inappropriate Material
You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to any user of the Site or the Site or through voice computer systems is expressly prohibited by this Agreement. Any such unauthorized use of our computer systems is a violation of this Agreement and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions or our other rules or policies, we may take any action we deem necessary to cure or prevent the violation, including without limitation, banning you from leaving comments or participating in creation of collections and/or the immediate removal of the related materials from the Site at any time without notice. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
12. Accuracy of Information
We attempt to ensure that information on the Site is complete, accurate, and current. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currency of any information on the Site.
13. Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site.
14. Right to Remove Content
You are solely responsible for the content of your messages and the Company shall have no obligation to prescreen any such content. However, we shall have the right in our sole discretion to edit, refuse to post, or remove any material submitted to or posted on the Site at any time without notice. Without limiting the foregoing, we shall have the right to remove any material that we find to be in violation of the provisions of this Agreement or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of this Agreement access to the Site.
15. Representations and Warranties
You represent that you are at or over the age of 18, have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and your use of the Site and the Service is and will be in compliance with all applicable laws, rules, and regulations. Furthermore, you are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant the following: (i) you have obtained all consents, and possess all copyright, patent, trademark, trade secret, and any other proprietary rights, or the necessary licenses thereto, to grant the license in Section 5; (ii) if necessary you have the written consent of each and every identifiable natural person in the User Submission to use such persons name or likeness in the manner contemplated by the Site and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (iii) you have read, understood, agree with, and will abide by the terms of this Agreement; (iv) you are not, and have not been an agent of the Company and were not and are not acting on behalf of, or as a representative of, the Company or any other party in connection with the User Submission; (v) the User Submission and the Company’s use thereof as contemplated by this Agreement and the Site will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity; (vi) you have not and will not engage in any of the following in connection with the production of or contribution(s) to your User Submission: infliction of injury to any person or animal, humiliation of any person (whether public or private), infliction of emotional distress on any person, assault or battery of any person, damage to any property without permission, entry on any property without permission, or any other act or omission that could give rise to civil and/or criminal liability; (vii) the User Submission does not contain: (a) material falsehoods or misrepresentations that could harm the Company or any third party; (b) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, or encourages conduct that would be considered a criminal offense, give rise to civil liability, or violate any law; (c) advertisements or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent.
Your use of the Site and the Service is at your own risk. The information, materials, and services provided on or through the Site are provided for informational purposes only and should not be construed as legal, financial or other professional advice and should not be relied upon for purposes of transacting in securities or other investments. The information, materials, and services provided on or through the Site are provided “As Is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, security or non-infringement of intellectual property. Neither the Company nor any of its affiliates warrant the accuracy or completeness of the information, materials or services provided on or through the Site. The information, materials and services provided on or through the Site may be out of date, and neither the Company nor any of its affiliates makes any commitment or assumes any duty to update such information, materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
No advice or information, whether oral or written, obtained from the Company or through the Site and the Service will create any warranty not expressly made herein.
17. Limitations of Liability
The Company does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Site, or your downloading of any information or materials from this Site. In no event will the Company, or any of its officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of the Site, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Site, any site linked to the Site, or the materials, information or services contained on any or all such Site, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. You specifically acknowledge that the Company shall not be liable for User Submissions or the defamatory, offensive, or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests entirely with you. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
In the event of any problem with the Site or any content, you agree that your sole remedy is to cease using the Site.
You agree to defend, indemnify and hold the Company and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Site or the Internet or your placement or transmission of any message or information on the Site by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any User Submission that you provide to the Company; or (vi) any other party’s access and use of the Site with your unique username and password.
In the event that you have a dispute with one or more other users of the Site, you release the Company (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You or we may suspend or terminate your account or your use of the Site at any time, for any reason or for no reason. We may also block your access to our Site in the event that (a) you breach this Agreement; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
21. Force Majeure
Neither the Company nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
We do not guarantee continuous, uninterrupted, or secure access to the Site or the Service, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by the Company in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 5 (Solicited Submission Policy), 15 (Representations and Warranties), 16 (Disclaimers), 17 (Limitations of Liability), 18 (Indemnity), 19 (Release), 23 (General), and 25 (Entire Agreement) shall survive any termination or expiration of this Agreement.
24. Digital Millennium Copyright Act (“DMCA”) Policy
In operating the Site, we offer services as online provider of materials and links to third party web sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed, or otherwise made available using the Site. The Company has adopted the following policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://www.copyright.gov/legislation/dmca.pdf).
Reporting Copyright Infringement
If you allege that your intellectual property is being violated, you must submit:
- An electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of the works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the specific location of the infringing materials on the Sites that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
- Contact information of the person, including address, telephone number and, if available, e-mail address;
- A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
We will respond as follow:
- remove or disable access to the infringing material;
- notify the content provider, member, or user that it has removed or disabled access to the material; and
- that repeat offenders will have the infringing material removed from the system and we will terminate such content provider’s, member’s, or user’s access to the Site and the Service.
Procedure to Supply a Counter-Notice to the Designated Agent:
If you receive an infringement notice, you may provide a counter-notice in writing to the designated agent that includes the information below. To be effective, the counter-notice must be a written communication that includes the following:
- An electronic signature of the content provider, member or user;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the content provider, member, or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
- Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
Please contact our Designated Agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA at firstname.lastname@example.org.
25. Entire Agreement
This Agreement is the entire agreement between you and the Company and supersedes any prior understandings or agreements (written or oral).
26. Copyright Notice
All Site contents, designs, graphics, text selections, arrangements, and all software are Copyright © 2017, Babyproof Me Media Group, Inc. All Rights Reserved.