The iVillage Network Terms of Service
Effective Date: As of March 20, 2012
1. Acceptance of Terms of Service
iVillage Inc. and its subsidiaries and affiliates (collectively, "iVillage") operate a network of websites and services (the "iVillage Network"). These Terms of Service set forth the terms and conditions that apply to your use of the iVillage Network. From time to time, iVillage may supplement these Terms of Service with additional terms pertaining to specific content, including, but not limited to, the uploading of photographs and videos, services, products, digital products, courses or events ("Additional Terms"), which Additional Terms may be placed on the iVillage Network to be viewed in connection with the specific content, services, products, digital products, courses or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service. BY USING THE IVILLAGE NETWORK, YOU AGREE TO THESE TERMS OF SERVICE JUST AS IF YOU HAD SIGNED AN AGREEMENT WITH IVILLAGE. If you do not agree to be bound by these Terms of Service, please discontinue your use of the iVillage Network. The iVillage Network is provided free of charge to you (unless otherwise indicated).
Although portions of the iVillage Network may be viewed simply by visiting the relevant web site, in order to access the message boards and/or receive additional services from iVillage you need to sign on as a guest or register as a member of the iVillage Network. Registering as a member will allow you to access certain services that are not available to guests. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the iVillage Network, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.
When you register for the iVillage Network, you will be required to provide iVillage with the following information: your name, e-mail address, zip code, country, gender, birth date, member name and password. In addition, you may choose to provide the iVillage Network with additional information, including your mailing address, household income, education, marital status and employment status.
iVillage reserves the right to (i) terminate your membership and access to any specific content, services, digital products, products courses or events, and (ii) remove your personal iVillage website, if iVillage learns that you have provided iVillage with false or misleading registration information.
iVillage reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your registration(s) with or ability to access the iVillage Network and/or any other service, tool, specific content, digital products, products, courses or events provided to you by iVillage, including any personal web site, upon any breach by you of these Terms of Service or otherwise.
4. Modifications of these Terms of Service
iVillage may modify these Terms of Service from time to time in its sole discretion. Each time you use the iVillage Network, you will be deemed to have accepted any such changes. iVillage shall have no obligation to notify you of any such changes other then posting such modifications on the iVillage Network, but iVillage reserves the right (at iVillage's discretion) to provide you notice of such changes to any e-mail address you have provided to iVillage, or post office address you have provided to iVillage.
5. Modifications of the iVillage Network
iVillage may modify or discontinue the iVillage Network, any portion thereof, or any services, tools, digital products, products, events or courses related thereto with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
6. Use of the iVillage Network
A. Content of Messages
You acknowledge that (i) content on the iVillage Network is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to the iVillage Network, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material that infringes any Rights. You acknowledge that iVillage may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
Some sections of the iVillage Network (such as message boards, blogs, forums, contests, personal websites, public profiles, comments, chat rooms and video or photo submission functionality) may provide you and other users with an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material, including your name and likeness, to us, the iVillage Network or others ("User Content"). By posting or submitting such User Content you represent and warrant that it complies with these Terms of Service.
Original Content: Any User Content that you post or upload must be either (a) an original work by you that does not copy or use other works (such as dialogue from plays, recordings of musical works or clips from other videos, television programs or motion pictures); or (b) content for which you have all rights and permissions necessary to grant the rights hereunder. In addition, your User Content must not infringe or violate any rights of any third party or entity, including, without limitation, copyright, trademark, defamation, privacy, publicity, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or any contractual rights. Before posting User Content, you must have all the rights, licenses, permissions and consents necessary to submit the User Content and to grant all of the rights that you have granted to iVillage under these Terms of Service. Before you post content, you must have the express consent of everyone who appears in the User Content to submit the User Content for use, exhibition and other exploitation in any manner and in any and all media, whether now existing or hereafter discovered, throughout the world, in perpetuity. If you submit an image of someone who is under 18 years of age who is not your child, you must have the permission of that child's parent or legal guardian.
Rights Granted to iVillage: By uploading or inputting User Content to any part of the iVillage Network you hereby acknowledge and agree that you are granting iVillage (including without limitation, its affiliates, licensees, successors and assigns (the “Beneficiaries”)), the perpetual and irrevocable, worldwide, non-exclusive, royalty-free, fully paid up right and license to: (a) use, copy, create derivative works from, license, modify, adapt, publish, translate, reproduce, distribute, display, exhibit, host, cache, store, "fingerprint" (through use of content recognition technology), archive, index, categorize, comment on, tag, transmit, broadcast, stream, edit, alter, modify, synchronize with visual material, create derivative works from, incorporate in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content, create algorithms based thereon, and transcode the User Content to appropriate media formats, standards or mediums (in each of the foregoing cases, in whole or in part); and (b) otherwise use, exhibit and exploit, and sell, license, assign and otherwise transfer to third parties the right to use, exhibit and otherwise exploit the User Content (in whole or in part and as altered by iVillage in its sole discretion) throughout the world in perpetuity, in any and all media, whether now existing or hereafter devised, including, without limitation, on the iVillage Network, on other websites, on the NBC television network, and on all owned and affiliated broadcast and cable networks, as well as in connection with any distribution or syndication arrangement with third parties or third party sites, in any media format or medium and through any media channels and for any purpose, including, without limitation, downloads, streams, in audio visual recordings, motion pictures, television programs, productions, advertising, promotion and publicity, including, without limitation, advertising, promotion and publicity for the iVillage Network, as well as the other websites and User Content produced by iVillage, and its parent and affiliated companies, all without further notice to, consent from or payment to you. You hereby irrevocably waive any and all "moral rights" you may have in the Content.
Without in any way limiting the foregoing, you acknowledge and agree that iVillage and its Beneficiaries shall have the right to sell, license, assign and otherwise transfer any and all of the rights granted by you to iVillage under these Terms of Service, and to display any advertising, publicity, promotional materials and distribution rights in connection with your User Content. You acknowledge and agree that iVillage and its Beneficiaries, will be entitled to retain any and all revenue generated from any sales, licenses, assignments and other transfers of the rights granted by you hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with your User Content. Nothing in these Terms of Service obligates or may be deemed to obligate iVillage or any other person or entity to exercise any of the rights granted by you under these Terms of Service. iVillage and its Beneficiaries will have the unlimited right to assign these Terms of Service and the rights granted by you under these Terms of Service at any time, in whole or in part, to any party.
You grant the rights hereunder whether or not your User Content or any part thereof is actually used by iVillage. You acknowledge that your consideration for the rights you grant in your User Content is the possibility that iVillage users may view your User Content. You will not receive any further compensation of any kind for your User Content or the use thereof, and you agree that iVillage and its Beneficiaries in their sole discretion, shall have the right to give you no credit or determine in what form to give you credit for any use of your User Content. Your User Content will not be acknowledged or returned. You acknowledge and agree that your User Content is being sent voluntarily, and not in confidence, and that no confidential relationship is intended or created between iVillage, and/or any other person or entity, on the one hand, and you, on the other hand, by your submission of the User Content.
In addition to all of the legal and equitable rights and remedies available to iVillage in connection with these Terms of Service or your User Content, you acknowledge and agree that iVillage shall have the right, in its sole discretion, not to post the User Content on any website, to remove the User Content from any website on which it has been posted, and not to use, exhibit or otherwise exploit your User Content in any manner whatsoever.
No Rights Created by Submission: You recognize that other persons, including iVillage or its employees, may have submitted to iVillage or others, or made public, or may in the future originate and submit, or make public, materials that are similar or identical to your User Content. You acknowledge and agree that iVillage and its Beneficiaries shall have the right to use such similar or identical materials, and that you will not be entitled to any compensation because of iVillage or its Beneficiaries’ use of such similar or identical materials. Nothing in these Terms of Service, or your submission of the Content, shall be deemed to place you in any different position from any other member of the public.
Use of Name and Likeness: By sending iVillage your User Content, you consent to the recording, use and reuse by iVillage and its Beneficiaries, of your voice, actions, likeness, name, appearance, performance, biographical material, and any other identifying information, including, without limitation, any information contained in your User Content (collectively, "Personal Elements"), as edited, altered, fictionalized or modified by iVillage, in their sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in and in connection with iVillage, or related websites, in and in connection with any television programs and other productions, and in and in connection with advertising, promotion and publicity. You acknowledge and agree that iVillage and its Beneficiaries may use all or any part of your Personal Elements, and may make any changes that any of them may deem necessary, in their sole discretion, including altering, fictionalizing or modifying them regardless of whether or not you are recognizable.
Ownership: Except as expressly set forth in these Terms of Service, you shall continue to own all rights in and to the User Content. To the extent your User Content contains other materials or elements owned by iVillage or any other affiliated company, such as characters or other elements protected by copyright, trademark or other laws, your rights to make any other use of the User Content will continue to be governed by and may be limited by other applicable laws.
iVillage is not obligated to review content posted by users prior to the content's posting to any area of the iVillage Network, including any private profile. Content posted by any user to the iVillage Network does not reflect the opinions or views of iVillage, its parent, subsidiaries or affiliates. iVillage makes no warranty, whether express or implied, as to the accuracy of any content or material that you send to other iVillage members through any iVillage service.
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS, BLOG, CHATS, EXPERT AREAS, QUESTION AND ANSWER FORUMS, SWEEPSTAKES, CONTESTS OR ANY OTHER AREA ON THE IVILLAGE NETWORK, YOU HEREBY EXPRESSLY PERMIT IVILLAGE TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY IVILLAGE'S LEGAL DEPARTMENT IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
You alone are responsible for the content of your messages or any materials you transmit to others, and any consequences of such messages. Please carefully consider the information you choose to post on the iVillage Network, including, but not limited to, any message board or blog or any comment, profile or email. Do not continue any conversation online that makes you feel uncomfortable. You should not include your telephone number, street address or last name on any area of the iVillage Network that is accessible to the general public nor provide such personally identifying information to people you do not know. iVillage assumes no responsibility or liability for any inaccurate, inappropriate, offensive or sexually explicit material or information, products or services you may be provided by other users of the iVillage Network. iVillage further assumes no responsibility for the deletion of or failure to store e-mail messages.
You further agree that you will not use the iVillage Network to send emails or instant messages or post on message boards, blogs, profiles, comments or any place on the iVillage Network, any message or material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, (unless within the scope of the topic area of a message board as determined by iVillage in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material or 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, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity (e.g. "f*ck") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on the iVillage Network. iVillage reserves the right to delete any such material from the iVillage Network. iVillage will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 6.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of iVillage. You further agree not to use an inappropriate member name of any kind.
You agree not to post or use the iVillage Network to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
B. Non Commercial UseThe iVillage Network, its products, services, digital products, events, courses, social networking tools (as more fully described below) and any other element of the iVillage Network are only for the personal use of visitors and members and may not be used in connection with any commercial endeavors except those that are specifically endorsed or pre-approved by iVillage in writing. Illegal and/or unauthorized use of the iVillage Network, or any portion thereof, including, but not limited to, collecting user names and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the iVillage Network is prohibited. In furtherance thereof, you agree that you will not use the iVillage Network for chain letters, research study or survey solicitations, junk mail, "spamming," commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list.
Any such use shall be deemed to be a violation of these Terms of Service.
C. iVillage Social NetworkingThe iVillage Social Networking service allows members to create unique personal profiles, communicate and share materials with other iVillage members through tools, such as email, friend invitations, groups, video and photograph uploading, blogs, content rating, comments, calendars, lists and other tools and services that may be included from time to time. Use of and membership to the social networking platform is void where prohibited. You must register for the social networking platform in order to use the services contained therein. You may set privacy levels to determine whether and who can view your profile, albums or events. Your use of the social networking platform is subject to this Terms of Service and any Additional Terms. You are solely responsible for your interactions with other users.
You may never use another's account without permission. If you become aware of any misuse of the iVillage Network by any person, please contact iVillage by clicking the "Flag" link located throughout the iVillage Network.
7. Member Disputes
You are solely responsible for any interaction with other members or visitors of the iVillage Network. iVillage reserves the right but shall have no obligation to monitor disputes between you and any other member of the iVillage Network.
8. Intrastate Nature of Communications
When you register with the iVillage Network and/or any service therein, you acknowledge that in using the iVillage services to send electronic communications, you will be causing communications to be sent through iVillage's computer networks, portions of which are located in California, Texas, Virginia and other locations in the United States and portions of which are located abroad. As a result, and also as a result of iVillage's business practices and the nature of electronic communications, communications that seem to be intrastate in nature, may also be the transmission of interstate communications, regardless of where you are physically located when transmitting messages. By virtue of agreeing to this Terms of Service and using the iVillage communication tools, you acknowledge that the use of the services results in interstate data transmissions. You further agree to comply with all applicable local laws regarding the transmission of data exported from the United States or the country in which you reside.
9. Third Party Services
You may order services or merchandise through the iVillage Network from other persons not affiliated with iVillage ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. iVillage makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider iVillage nor will iVillage be construed as a party to such transactions, whether or not iVillage may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
iVillage may include special routing icons which may be located within the iVillage Network, the activation of which will allow you to access and learn more about iVillage and other services provided by iVillage whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.
10. Registration and Password
You are responsible for maintaining the confidentiality of your information and passwords. You shall be responsible for all uses of your registration and account, whether or not authorized by you. You agree to immediately notify iVillage of any unauthorized use of your registration or password.
11. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the iVillage Network infringe your copyright, you (or your agent) may send iVillage a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow iVillage to locate the material on the iVillage Network; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) 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 (f) 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 iVillage a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: Gillian Lusins, VP of Intellectual Property, iVillage Inc., c/o NBC Universal, Inc., 75 Ninth Avenue, 7th Floor, New York, New York 10011, DMCANOTICE@mail.ivillage.com. iVillage suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
12. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE IVILLAGE NETWORK, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, COURSES, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH THE IVILLAGE NETWORK, IS AT YOUR SOLE RISK. THE IVILLAGE NETWORK IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IVILLAGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
IVILLAGE MAKES NO WARRANTY THAT THE IVILLAGE NETWORK WILL MEET YOUR REQUIREMENTS, OR THAT THE IVILLAGE NETWORK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES IVILLAGE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE IVILLAGE NETWORK. IVILLAGE WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE IVILLAGE NETWORK.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE IVILLAGE NETWORK IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT IVILLAGE DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PUROSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE IVILLAGE NETWORK. IVILLAGE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER IVILLAGE NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE IVILLAGE NETWORK, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. IVILLAGE ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
IVILLAGE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE IVILLAGE NETWORK, ITS DIGITAL PRODUCTS OR SERVICES. YOUR PARTICIPATION IN THE IVILLAGE NETWORK IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IVILLAGE OR THROUGH THE IVILLAGE NETWORK, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
IVILLAGE MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES, CONTENT, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE IVILLAGE NETWORK OR ANY TRANSACTIONS ENTERED INTO THROUGH THE IVILLAGE NETWORK.
IVILLAGE IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE IVILLAGE NETWORK. AS A CONVENIENCE TO OUR MEMBERS, WE MAY WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH IVILLAGE MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST IVILLAGE WITH RESPECT TO SUCH SITES.
BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, IVILLAGE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. IVILLAGE SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM SUCH ADVERTISEMENTS. BY POSTING A PERSONAL OR CLASSIFIED ADVERTISEMENT ON THE IVILLAGE NETWORK, YOU ARE PROMISING THAT THE CONTENT OF YOUR ADVERTISEMENT IS TRUE AND THAT YOU WILL INDEMNIFY IVILLAGE AGAINST ANY CLAIMS WHICH MAY ARISE FROM YOUR ADVERTISEMENTS. BY RESPONDING TO A CLASSIFIED OR PERSONAL ADVERTISEMENT ON THE IVILLAGE NETWORK, YOU WAIVE ANY CLAIMS AGAINST IVILLAGE FOR DAMAGES ARISING FROM SUCH ADVERTISEMENT OR YOUR RELIANCE UPON STATEMENTS IN SUCH ADVERTISEMENT.
13. Limitation of Liability
IVILLAGE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE IVILLAGE NETWORK OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE IVILLAGE NETWORK OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF IVILLAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Promotional Messages
iVillage and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. iVillage makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither iVillage nor such third party shall have any liability with respect thereto.
You agree to indemnify and hold each of iVillage, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the iVillage Network, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.
16. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflicts of laws provisions. By registering for or entering the iVillage Network, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in New York, New York.
17. Remedies for Breach of these Terms by You
In the event that iVillage determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the iVillage Network, iVillage reserves the right to (i) delete any or all content provided by you or your agent(s) to The iVillage Network; (ii) discontinue your registration(s) with the iVillage Network and/or any other iVillage community; (iii) discontinue your subscription to any digital product, product, course, event, content, tool or service purchased through the iVillage Network; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which iVillage deems to be appropriate.
If your registration(s) with or ability to access the iVillage Network, any other iVillage community and/or any other service, product, content, course, event, tool or digital product provided to you by iVillage is discontinued by iVillage due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of the iVillage Network, then you agree that you shall not attempt to re-register with or access the iVillage Network, any other iVillage community and/or any other digital product, course content or service provided by iVillage, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, courses events or content and services to which your access has been terminated. In the event that you violate the immediately preceding sentence, iVillage reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv), and (v) of this provision without any notice or warning to you.
18. Health Resources
Do not use or interact with any health-related content (the "Health Content") on the iVillage Network if you do not agree to all of these Terms.
Not Medical Advice. The Health Content is for informational purposes only. The Health Content does not replace professional medical advice, diagnosis, or treatment. If you have questions regarding a medical condition, always seek the advice of your physician or other qualified health professional. Developments in medical research may impact this information. If you think you may have a medical emergency, call your doctor or 911 immediately.
Use Of Health Content. The Health Content is protected by copyright under United States and foreign laws. Title to the Health Content remains with iVillage and its Licensors or its suppliers. Any use of the Health Content not expressly permitted by these Terms is a breach and may violate copyright, trademark, and other laws. All rights not expressly granted herein are reserved to iVillage, its Licensors and its suppliers.
Limitation of Liability. The use of the Health Content is at your own risk. The Health Content (including this information and any software) is provided on an "as is" basis. IVILLAGE, ITS LICENSORS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting this disclaimer, iVillage, its Licensors and its suppliers also make no representations or warranties about the accuracy, reliability, completeness, or timeliness of this information. In no event shall iVillage, its Licensors or its suppliers, or any third parties mentioned in the Health Content be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of, misuse of, or inability to use this information, whether based on warranty, contract, tort, or any other legal theory, and whether advised of the possibility of such damages. If for any reason the liability limitation is deemed invalid, iVillage, its licensors, its suppliers, or any third parties mentioned in the Health Content shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $2,500. No waiver of any of these Terms shall be deemed a further or continuing waiver.
Indemnity. You agree to defend, indemnify, and hold iVillage, its officers, directors, employees, agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities, and settlements, including without limitation, reasonable legal fees resulting from, or alleged to result from, your use or misuse of the Health Content. All of the Health Content is intended for use and access within the United States. If you access the Health Content from outside the United States, you do so at your own risk and are responsible to comply with the laws of your jurisdiction.
Claims. Any claims arising from your use of the Health Content must be brought within one (1) year from the date of the event giving rise to the action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.
Information from Health Content licensors and suppliers for content that may be included in the Health Content:
1. Some of the Health Content is licensed to iVillage by Healthwise, Incorporated ("Healthwise"). Healthwise is a nonprofit organization whose mission since 1975 has been to Help People Make Better Health Decisions. Healthwise has not reviewed and does not endorse any information, products, or services other than those clearly marked as from Healthwise.
2. SELF-HELP CLEARINGHOUSE. By retrieving and/or utilizing information from the American Self-Help Clearinghouse database (the "ASHC Database"), you agree to hold harmless American Self-Help Clearinghouse, its owners, and employees from any and all liability arising directly or indirectly from your use of information contained in the ASHC DatabaseThe Self-Help Clearinghouse does not evaluate or rate the individual self-help groups, which are contained in the ASHC Database. Therefore, Self-Help Clearinghouse's listing of a self-help group does not constitute an endorsement of that group. Neither does omission signify disapproval. Self-Help Clearinghouse includes groups in the ASHC Database based upon a report of their organizations as being focused upon no-fee mutual aid; i.e., members helping one another. The use of any information is entirely the responsibility of the reader. You are the ultimate judge in deciding whether the group is appropriate to your needs. You can send for and review literature or call the phone contact.
3. NATIONAL CANCER INSTITUTE. Some material in Health Content is licensed from the National Cancer Institute (the "NCI Content"), and the NCI Content is from copyrighted publications of the respective copyright claimants. Users of the NCI Content are referred to the publication data appearing in the bibliographic citations, as well as to the copyright notices appearing in the original publication, all of which are hereby incorporated by reference.
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Some material in Health Content is a separate product licensed from Cerner Multum (the "Multum Service"). The Multum Service is for use by United States and Canadian residents only. The Multum Service is a service provided to you by Cerner Multum ("Multum"). Every effort has been made to ensure that the information provided in the Multum Service is accurate, up-to-date, and complete, but no guarantee is made to that effect. In addition, the drug information contained therein may be time sensitive. The Multum Service does not endorse drugs, diagnose patients, or recommend therapy. The Multum Service is an informational resource designed to assist licensed healthcare practitioners in caring for their patients and provide consumers with drug specific information. Healthcare practitioners should use their professional judgment in using the information provided. The Multum Service is not a substitute for the care provided by licensed healthcare practitioners and consumers are urged to consult with their healthcare practitioner in all instances. The absence of a warning for a given drug or drug combination in no way should be construed to indicate that the drug or drug combination is safe, effective or appropriate for any given patient. Multum does not assume any responsibility for any aspect of healthcare administered with the aid of information the Multum Service provides.
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