This is the Terms of Service (“Terms of Service”) for use of the TheGetRealMom website at thegetrealmom.com (the “Site”). The Site is defined collectively as our “Digital Service(s).” These Terms of Service set forth the terms and conditions under which you are authorized to use the Digital Services. To the extent rules or guidelines affecting your use of the Digital Services are found elsewhere in the Digital Services, those rules and guidelines are hereby incorporated by reference into these Terms of Service. By using any of the Digital Services you (hereinafter either “you” or “User”) agree to these Terms of Service. If you do not agree to these Terms of Service, you should immediately cease all usage of our Digital Services.
We reserve the right, at any time, to modify, alter, or update these Terms of Service without prior notice. Modifications shall become effective immediately upon being posted at the Site, without further notice to you. Your continued use of any Digital Service after such modifications are posted constitutes an acknowledgment and acceptance of such modifications. Except as provided in this paragraph, these Terms of Service may not be amended.
Description of Service
Our Digital Services feature a wide array of intellectual property content, including but not limited to, news, information, audio, video, and user-generated content (collectively “Content”). To the extent new Content, services, or features are added to the Digital Services in the future, the use thereof is subject to these Terms of Service.
Privacy Policy
Our Privacy Policy describes the information we collect when you and others use our Digital Services. Our Privacy Policy is part of these Terms of Service. By agreeing to these Terms of Service, you are also consenting to our use of your personal information by our Privacy Policy.
Third-Party Links
Our Digital Services include links to other sites on the Internet that are owned and operated by third parties, and certain content and functionality on or available through our Digital Services may be provided by third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. Your use of those third-party sites is subject to the Terms of Service and privacy policies of each site, and we are not responsible, therefore.
Disclaimer of Warranties and Limitation of Liability
TheGetRealMom is provided “as is” and “as available” without any warranties, express or implied.
You agree that the use of TheGetRealMom platforms is at your sole risk and that you are solely responsible for any damage or loss resulting from the use of material, information, and/or data on TheGetRealMom. TheGetRealMom, its affiliates, agents, and licensors cannot and do not warrant the accuracy, completeness, relevance, non-infringement, merchantability, or fitness for a particular purpose of the information, content, and services available through our platforms. TheGetRealMom does not guarantee our platforms to be error-free, secure, continuously available, or free of viruses or other harmful components. TheGetRealMom is not a substitute for professional services or advice. Neither TheGetRealMom nor its users, while participating in TheGetRealMom are engaged in rendering legal, medical, counseling, or other professional services or advice. TheGetRealMom, its affiliates, agents, and licensors make no warranty regarding any goods or services referred to, advertised on, or obtained through our platforms, other than those express warranties TheGetRealMom itself specifically makes on its Web Platforms.
Your Obligations
As a condition of your right to use the Digital Services, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from visiting the Digital Services and accessing the Content under the laws of the United States or other countries.
You further agree not to use any of the Digital Services to:
- engage in any conduct which might be harmful to minors;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- engage in or facilitate any conduct that is deemed, or found by any court or similar agency, to constitute “stalking” or otherwise harassing conduct aimed at another person or entity; or
- engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Ownership of User Content
If any User Content is your original work, then you own the copyright to that work. TheGetRealMom does not claim any copyrights in original works created and posted by individual visitors to any Digital Service. However, by uploading, posting, transmitting, or otherwise making any User Content available on or through a Digital Service, you are granting TheGetRealMom, and its parent, subsidiaries, and affiliates, an irrevocable, nonexclusive, royalty-free license to copy, modify, publish, distribute publicly, and prepare derivative works of such User Content in any medium or form (including without limitation our print publications), without any obligation of notice, attribution or compensation to you.
Copyright and Trademark Information
This license grant is between you and TheGetRealMom, and not any other third parties. No title to or ownership of any Content or any materials within our Digital Services is transferred from TheGetRealMom to you by these Terms. All Content included or available on the Digital Services, including Digital Service’s software code, design, text, graphics, interfaces, and the selection and arrangements thereof is copyright of TheGetRealMom or its subsidiaries and/or its third-party licensors, with all rights reserved, and is protected by the intellectual property rights of those owners. Any use of materials on the Digital Services, including without limitation reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of TheGetRealMom, is strictly prohibited. You may use the Content solely for your personal, non-commercial use, except that a commercial website is permitted to link to the Digital Services provided that the website page on which such feeds or links are featured must be accessible to the general public and not provided through a subscription service or for a fee, unless otherwise expressly agreed in writing by TheGetRealMom. You may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright, or other notice from such Content. However, if you need reprints of any of TheGetRealMom’s articles or photos for commercial use, please contact us. You may not make any use of Content owned by any third parties which are available on our Digital Services, without the express consent of those third parties.
All Content that qualifies for protection under federal Copyright Law under the laws of the United States is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. Based on the presence of this notice of copyright ownership, any infringement of the protected Content of the Digital Services will be deemed by TheGetRealMom to be an intentional infringement. All trademarks displayed on the Digital Services are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the website of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with TheGetRealMom.
Notification of Claimed Copyright Infringement
If you find Content posted on the Digital Services that you believe to be an infringement of the copyright owner or other intellectual property rights of you or any third party, you are requested to immediately contact TheGetRealMom’s Copyright Agent as described below. To report any alleged infringement, you may contact us in writing by providing a signed statement containing the following information:
- your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner
- a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
- a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
- if your claim is based on a registered work, the trademark, patent, or copyright registration number, and the date of issuance of the registration;
- a description of the infringing material and the URL where such material is located on the Digital Service, or a description of where on our Digital Service you found such material;
- the written statement that you believe, in good faith, that the use of the work on our Digital Service has not been authorized by the true owner of the work, its agent, or as a matter of law; and
- a statement that all of the information you have provided is true.
Links to the Site
Unless otherwise prohibited under these Terms of Service, you are hereby licensed to create hyperlinks to the content on the Site, provided that the hyperlink accurately describes the content as it appears on the Site.
Under no circumstances may you “frame” the Site or any of their Content or copy portions of the Site to a server, except as part of an Internet service provider’s incidental caching of pages. When a page of our Site is accessed from a link featured on your website, each page within our Site must be displayed in full (including all trademarks, branding, advertising, and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the Site, and without any interstitial pop-ups or web pages loading before the applicable target page is accessed. TheGetRealMom reserves the right to revoke these licenses generally, at any time, with or without cause.
Arbitration
Any dispute arising out of or relating in any way to your use of our Digital Services or any products, services, or information you receive through our Digital Services, shall be submitted to confidential, binding arbitration in Seattle, Washington, USA, under the American Arbitration Association’s Commercial Arbitration Rules, using one arbitrator. The arbitrator shall be mutually agreed upon by both parties, or if the parties cannot agree on a single arbitrator, they each will choose one arbitrator, and those two will together choose a third arbitrator, and a panel of three arbitrators will hear the matter. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under these Terms of Use may be joined with another arbitration related to the subject matter hereof. Notwithstanding the foregoing arbitration requirement, about any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of Seattle, Washington, USA, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto.
Governing Laws
The laws of the state of Washington and the United States govern these Terms of Service and any claims arising out of or relating to the use of the Digital Services, without giving effect to any choice of law rules. We make no representation that our Digital Services are appropriate, legal or available for use outside of the United States. Except for any matters subject to arbitration as described above, the state and federal courts located in Seattle, Washington will serve as the venue for any actions brought, or claims made, arising out of your use of our Digital Services.
Other Terms
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable for any reason, the remaining provisions (and any partially-enforceable provision) will not be affected and will remain valid and enforceable to the fullest extent possible. You agree that these Terms of Service and any other agreements referenced herein may be assigned by TheGetRealMom at our sole discretion. These Terms of Service apply in addition to, and are not superseded by, any other written agreement between us regarding your participation as a User. You acknowledge and agree that these Terms of Service constitute the entire agreement between you and TheGetRealMom concerning your use of the Digital Services, superseding any prior agreements. Any failure by TheGetRealMom to exercise or enforce its rights under these Terms of Service does not constitute a waiver of those rights. If a court of competent jurisdiction finds any term of these Terms of Service invalid or unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and all other provisions of these Terms of Service will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Digital Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose, or it will be permanently barred.
