Terms of Service

PLEASE READ THE FOLLOWING TERMS OF SERVICE RELATING TO YOUR USE OF THE MOTHER INSTITUTE WEBSITE CAREFULLY. THESE TERMS OF SERVICE GOVERN YOUR USE OF THE MOTHER INSTITUTE WEBSITE AND ALL SERVICES OFFERED THROUGH THE WEBSITE.

These Terms of Service (“TOS”) apply to all users of the network of websites and services known as Mother Institute (the “Site”). The term the “Site” as it is used in these TOS includes access via any wireless device, including any optimized version of the Site accessed through Mother Institute Mobile. By using this Site, you signify your acceptance of these TOS, as well as the Community Guidelines. Mother Institute reserves the right to update or change these TOS at any time by posting the most current version of the TOS on the Site. Your continued use of the Site after we post any changes to the TOS signifies your agreement to any such changes. If you do not agree to these TOS, you must discontinue using the Site and terminate your membership in Mother Institute. This Site is owned and operated by CMI Marketing, Inc., d/b/a Mother Institute. All references to Mother Institute herein shall be deemed to include CMI Marketing, Inc. (“Mother Institute,” “us,” “we” or “our”).

Website Access.

THIS IS A WEBSITE FOR MOMS AND SOON-TO-BE MOMS, OFFERING THEM A POSITIVE AND INTERESTING ENVIRONMENT WHERE THEY CAN CONNECT WITH OTHER MOMS, SHARE INFORMATION, MAKE NEW FRIENDS AND DISCUSS ISSUES OF MUTUAL INTEREST. TO USE THIS SITE AND THE SERVICES OFFERED, YOU MUST BE 16 YEARS OLD OR OLDER. BY ACCESSING THIS SITE, YOU ARE CERTIFYING THAT YOU ARE AT LEAST 16 YEARS OF AGE. USE OF THE SITE AND THE SERVICES IS VOID WHERE PROHIBITED.

Our Services

We may make available from time to time certain features and services, such as photos, groups, private messages, social networking features, or other services that we may offer in the future (the “Services”). We may provide additional features and services and we may cease to provide any feature or service previously provided. We may modify or discontinue the Site, any portion thereof, or any Services with or without notice to you and without liability to you or any third party. How You Can Use the Services.

This Site and the Services we may offer are intended for your personal, noncommercial use in accordance with these TOS. You agree that you will not (i) copy, display or distribute any part of the Site, in any medium, without Mother Institute’s prior written consent, or (ii) alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose. Illegal and/or unauthorized use of the Site or any Service, or any portion thereof, including, but not limited to, research studies or surveys, collecting user names and/or email addresses of members by electronic or other means for any commercial purpose (including without limitation, unsolicited email (whether for solicitations, spam or otherwise)), or unauthorized framing of or linking to the Site is prohibited.

You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Site, or to manipulate the Site or the Services, or otherwise exceed the limited access granted to you by Mother Institute. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component.

Our Content Removal Rights.

We reserve the right, but not the obligation, to monitor, edit or remove any content at any time and without notice for any reason, including but not limited to: (i) the content violates these TOS or the Community Guidelines, (ii) removal is necessary to protect the rights, property or personal safety of Mother Institute, its users and the public, or (iii) if required to do so by law. We also reserve the right to remove postings that are off the subject. We can also remove content if we believe that doing so will improve our Site and the experience of our Members.

If you belief that any postings on the Site violate these TOS or the Community Guidelines, please let us know by using the “Report this post,” which can be found on every page of the Site. We try to review all reported violations and, if we agree with you, we’ll take appropriate action. However, in all cases, we are the final judge on whether these TOS or Community Guidelines have been violated and we will determine what, if any, action should be to taken in our sole discretion.

You are solely responsible for any interaction with other members or visitors of the Site, and Mother Institute has no obligation to monitor disputes between you and any other member of the Site. Notwithstanding anything to the contrary stated herein or in our Privacy Policy, we have the right to view and monitor any content posted to this Site, even if that content has been designated as “private,” for any reason, including but not limited to if we have reason to believe that the content or the Member posting the content has violated these TOS or the incorporated Community Guidelines, or has engaged in conduct that is fraudulent, deceitful, unlawful, or is or could be a threat to persons or property.

Proprietary Rights.

The Site and all material published on the Site, including, but not limited to text, photographs, video, graphics, music, sounds, messages, comments, ratings, and other materials is owned by Mother Institute or its licensors and is protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights, including under the United States copyright laws. Mother Institute owns a copyright in the selection, coordination, arrangement and enhancement of such content and a copyright in the Site.

All trademarks appearing on this Site (“Marks”) are trademarks of their respective owners, including Mother Institute and its partners. Users are prohibited from using any Marks without the written permission of Mother Institute or such third party that may own the Marks.

Content on the Site is provided AS IS for your information and personal use only. You may not copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the content, in whole or in part, without Mother Institute’s prior written consent. You may download content for your personal, non-commercial use only as provided in these TOS, provided that you keep intact all copyright and other proprietary notices. Downloading any photographs on the site that are not User-submitted is strictly prohibited. Copying or storing of content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the content.

No License Granted.

Except for allowing you to use the Site for your personal use as set forth in the paragraph above, when you use the Site, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of Mother Institute or any other Member or user of the Site. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER MOTHER INSTITUTE PROPERTY EXCEPT AS WE INDICATE IN THESE TERMS.

Age Requirements.

You must be at least 16 years old to join Mother Institute and to use the Services. The Mother Institute Site and Services is not intended for children under the age of 16. Mother Institute does not knowingly collect personal information from children under the age of 16.

Digital Millennium Copyright Act (“DMCA”) Notice.

Materials may be made available via the Site and the Services by third parties not within our control. We are under no obligation to, and do not, scan content posted, however, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site or the Service. If you believe any materials on the Site or the Service infringe a copyright, you should provide us with written notice that at a minimum contains:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Mother Institute a counter-notice. The must contain the following information:

  1. Your physical or electronic signature;
    Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  2. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  3. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court New York, NY, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

All DMCA notices and counter-notices should be sent to our designated agent as follows:

Mother Institute
92 Dora St,
Dora Creek NSW
Australia, 2264

Third Party Products and Services.

You may order services, merchandise or other products through our Site from other parties (collectively, the “Third Party Sellers”). All matters concerning the services, merchandise and other products desired from the Third Party Sellers including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise or other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transaction, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.

CMI Marketing, Inc. Employees, Partners and Investors.

Our employees are dedicated to building the best social networking site for moms and providing you with the tools that you need to have a great online experience. In connection with their work, some of our employees are required to use the Site, including creating a profile. Our advertisers, partners and investors may also use the Site and the Services, including creating a profile, for business and advertising purposes.

Miscellaneous.

These TOS are the entire agreement between you and Mother Institute. They supersede any and all prior or contemporaneous agreements between you and Mother Institute relating to your use of the Site or the Services. If any part of these TOS is determined to be invalid or unenforceable, it will not impact any other provision of these TOS, all of which will remain in full force and effect. The failure of Mother Institute to partially or fully exercise any rights or the waiver of Mother Institute of any breach of these TOS by you, shall not prevent a subsequent exercise of such right by Mother Institute or be deemed a waiver by Mother Institute of any subsequent breach by you of the same or any other term of these TOS. The rights and remedies of Mother Institute under these TOS and any other applicable agreement between you and Mother Institute shall be cumulative, and the exercise of any such right or remedy shall not limit Mother Institute’s right to exercise any other right or remedy.

These TOS are governed by, and will be interpreted in accordance with, the laws of the State of New York, without regard to any choice of law provisions. You agree that, with the exception of injunctive relief sought by Mother Institute for any violation of Mother Institute’s proprietary or other rights, any and all disputes relating to these TOS, your use of the Site or the Services shall be resolved by arbitration in accordance with the then-current rules of the American Arbitration Association (the “AAA”) before an independent arbitrator designated by the AAA. The location of arbitration shall be New York, New York, USA.