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.

 

2. Registration Information/Privacy Policy

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.

Any information provided by you or gathered by iVillage or third parties during any visit to the iVillage Network shall be subject to the terms of iVillage's Privacy Policy, which are incorporated herein by reference. Click here if you wish to read iVillage's Privacy Policy. iVillage reserves the right to offer third party services and products to you based on the preferences that you identify during the registration process and based on your subsequent preferences.

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.

 

3. Termination

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 Use

The 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 Networking

The 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.

 

15. Indemnification

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

BEFORE USING ANY HEALTH-RELATED PRODUCT OR CONTENT ON THE IVILLAGE NETWORK, PLEASE READ THESE TERMS OF USE CAREFULLY. AS SET FORTH BELOW, YOU MAY BE SUBJECT TO DIFFERING TERMS OR USE DEPENDING UPON THE LICENSOR AND/OR PROVIDER OF A GIVEN PIECE OF HEALTH CONTENT. WITH RESPECT TO CONTENT AND SERVICES PROVIDED BY IVILLAGE, INC. ON IVILLAGE.COM AND THE IVILLAGE NETWORK, IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF THIS SECTION OF THE IVILLAGE NETWORK TERMS OF SERVICE AND ANY OTHER SECTION OF THE IVILLAGE NETWORK TERMS OF SERVICE, THE OTHER SECTION OF THE IVILLAGE NETWORK TERMS OF SERVICE SHALL GOVERN.

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.

4. NORD'S RARE DISEASE DATABASE. Some material in Health Content is licensed from the NORD's Rare Disease Database (the "NORD Database"). The information provided in the NORD Database is not intended for diagnostic purposes. It is provided for information purposes only. This information in the NORD Database is presented for further understanding that could lead to the prevention, treatment, and/or cure of rare disorders. NORD recommends that affected individuals seek the advice or counsel of his or her own personal physician(s). It is possible that the title of the topic is not the name you selected. Please check the SYNONYMS listing to find the alternate name(s) and disorder subdivision(s) covered by this report. The disease entry is based upon medical information available through the date at the end of the topic. Since NORD's resources are limited, it is not possible to keep every entry in the Rare Disease Database completely current and accurate. Please check with the agencies listed in the Resources section for the most current information about the disorder.

5. Multum End-User License Agreement

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.

Disclaimer of Warranties

THE END-USER ACKNOWLEDGES THAT THE MULTUM SERVICE IS PROVIDED ON AN "AS IS" BASIS. EXCEPT FOR WARRANTIES WHICH MAY NOT BE DISCLAIMED AS A MATTER OF LAW, MULTUM MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR NATURE OF THE CONTENT OF THE SERVICE, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

The END-USER acknowledges that updates to the Multum Service are at the sole discretion of Multum. Multum makes no representations or warranties whatsoever, express or implied, with respect to the compatibility of the Multum Service, or future releases thereof, with any computer hardware or software, nor does Multum represent or warrant the continuity of the features or the facilities provided by or through the Multum Service as between various releases thereof.

Any warranties expressly provided herein do not apply if: (i) the END-USER alters, mishandles or improperly uses, stores or installs all, or any part, of the Multum Service, (ii) the END-USER uses, stores or installs the Multum Service on a computer system which fails to meet the specifications provided by Multum, or (iii) the breach of warranty arises out of or in connection with acts or omissions of persons other than Multum.

Assumption of Risk, Disclaimer of Liability, Indemnity

THE END-USER ASSUMES ALL RISK FOR SELECTION AND USE OF THE MULTUM SERVICE AND CONTENT PROVIDED THEREON. MULTUM SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, MISSTATEMENTS, INACCURACIES OR OMISSIONS REGARDING CONTENT DELIVERED THROUGH THE MULTUM SERVICE OR ANY DELAYS IN OR INTERRUPTIONS OF SUCH DELIVERY.

THE END-USER ACKNOWLEDGES THAT IVILLAGE AND MULTUM: (A) HAS NO CONTROL OF OR RESPONSIBILITY FOR THE END-USER'S USE OF THE MULTUM SERVICE OR CONTENT PROVIDED THEREON, (B) HAS NO KNOWLEDGE OF THE SPECIFIC OR UNIQUE CIRCUMSTANCES UNDER WHICH THE MULTUM SERVICE OR CONTENT PROVIDED THEREON MAY BE USED BY THE END-USER, (C) UNDERTAKES NO OBLIGATION TO SUPPLEMENT OR UPDATE CONTENT OF THE MULTUM SERVICE, AND (D) HAS NO LIABILITY TO ANY PERSON FOR ANY DATA OR INFORMATION INPUT ON THE MULTUM SERVICE BY THE END-USER TO THE MULTUM SERVICE.

NEITHER IVILLAGE NOR MULTUM SHALL NOT BE LIABLE TO ANY PERSON (INCLUDING BUT NOT LIMITED TO THE END-USER AND PERSONS TREATED BY OR ON BEHALF OF THE END-USER) FOR, AND THE END-USER AGREES TO INDEMNIFY AND HOLD IVILLAGE AND MULTUM HARMLESS FROM ANY CLAIMS, LAWSUITS, PROCEEDINGS, COSTS, ATTORNEY'S FEES, DAMAGES OR OTHER LOSSES (COLLECTIVELY, "LOSSES") ARISING OUT OF OR RELATING TO (A) THE END-USER'S USE OF THE MULTUM SERVICE OR CONTENT PROVIDED THEREON OR ANY EQUIPMENT FURNISHED IN CONNECTION THEREWITH AND (B) ANY DATA OR INFORMATION INPUT ON THE MULTUM SERVICE BY END-USER, IN ALL CASES INCLUDING BUT NOT LIMITED TO LOSSES FOR TORT, PERSONAL INJURY, MEDICAL MALPRACTICE OR PRODUCT LIABILITY. FURTHER, WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL IVILLAGE OR MULTUM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, OR DOWN TIME, EVEN IF IVILLAGE OR MULTUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE INFORMATION CONTAINED WITHIN THE MULTUM SERVICE IS INTENDED FOR USE ONLY BY PHYSICIANS AND OTHER HEALTHCARE PROFESSIONALS WHO SHOULD RELY ON THEIR CLINICAL DISCRETION AND JUDGMENT IN DIAGNOSIS AND TREATMENT. AS BETWEEN THE END-USER AND IVILLAGE AND MULTUM, THE END-USER HEREBY ASSUMES FULL RESPONSIBILITY FOR INSURING THE APPROPRIATENESS OF USING AND RELYING UPON THE INFORMATION IN VIEW OF ALL ATTENDANT CIRCUMSTANCES, INDICATIONS, AND CONTRAINDICATIONS.

Liability of Multum to End Users.

Under no circumstances shall Multum be liable to the End User or any other person for any direct, indirect, exemplary, special or consequential damages arising out of or relating to the End Users' use of or inability to use the Service of the content of the Service provided thereon or any equipment furnished in connection therewith. Multum's total liability in connection with this Agreement, whether arising under contract or otherwise, are limited to the fees received by Multum under this Agreement specifically relating to the End Users service or product which is the subject o f the claim.

6. Drug Interaction Checker End User Terms of Use

MEDICAL DISCLAIMERS. The material and information contained in the Drug Interaction Checker is licensed from First DataBank (the "Drug Interaction Checker"). The Drug Interaction Checker is designed to offer you general health information for educational purposes only. The health information furnished within the Drug Interaction Checker and the interactive responses are not intended to be professional advice and are not intended to replace personal consultation with a qualified physician, pharmacist or other healthcare professional. You must always seek the advice of a healthcare professional for questions related to your condition, symptoms, and appropriate treatments. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare provider immediately. You should never disregard medical advice or delay in seeking it because of something you have read within the Drug Interaction Checker.

Neither iVillage nor First DataBank make any warranty that the content within the Drug Interaction Checker satisfies government regulations requiring disclosure of information on prescription drug products. The content within the Drug Interaction Checker was developed for use in the United States, and neither iVillage, First DataBank, nor First DataBank's providers make any representation concerning the content when used in any other country. While information within the Drug Interaction Checker has been obtained from sources believed to be reliable, neither we nor our content providers warrant the accuracy of the drug information contained within the Drug Interaction Checker.

The drug information contained within the Drug Interaction Checker is not exhaustive and is not intended to cover all possible uses, precautions, interactions or adverse effects, nor should it be construed to indicate that use of a particular drug is safe, appropriate or effective for you or anyone else. The drug information contained within the Drug Interaction Checker is provided for general information purposes only and is not intended as individual medical advice and is not a substitute for the expertise and judgment of healthcare professionals. A healthcare professional should be consulted before taking any drug or commencing or discontinuing any course of treatment.

Your reliance upon information and content obtained by you at or through the Drug Interaction Checker is solely at your own risk. Neither we nor our content providers assume any liability or responsibility for damage or injury (including death) to you, other persons or property arising from any use of any product, information, idea or instruction contained in the content or services provided to you.

LIMITATION OF LIABILITY. NEITHER IVILLAGE NOR THE PROVIDERS OF THE DRUG INTERACTION CHECKER MAKE NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF THE DATA FROM WHICH THE INFORMATION IS COMPILED OR THE ACCURACY OF THE INFORMATION ITSELF, NOR THE COMPATIBILITY OF THE INFORMATION WITH ANY HARDWARE AND SYSTEMS, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

YOUR USE OF THE DRUG INTERACTION CHECKER AND THE MATERIAL AND INFORMATION ON THE DRUG INTERACTION CHECKER IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROVIDERS OF CONTENT WITHIN THE DRUG INTERACTION CHECKER SHALL NOT BE LIABLE FOR ANY DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF USE OF THE SITE, AND INCLUDING ANY CONSEQUENTIAL, SPECIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT (OR ANY OTHER AGREEMENT BETWEEN YOU AND FIRST DATABANK), FIRST DATABANK (OR ITS CONTENT PROVIDERS OR SPONSOR/ADVERTISERS) SHOULD HAVE ANY LIABILITY FOR ANY LOSS, HARM OR DAMAGE, YOU AND FIRST DATABANK (ON BEHALF OF FIRST DATABANK AND ITS CONTENT PROVIDERS AND SPONSOR/ADVERTISERS) AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED U.S $1,000. YOU AND FIRST DATABANK (ON BEHALF OF FIRST DATABANKAND ITS CONTENT PROVIDERS AND SPONSOR/ADVERTISERS) AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND FIRST DATABANK (AND FIRST DATABANK'S CONTENT PROVIDERS AND SPONSOR/ADVERTISERS) AND REFLECTS THE FEES, IF ANY, WE CHARGE YOU TO USE THE DRUG INTERACTION CHECKER. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, FIRST DATABANK WOULD NOT PROVIDE THE DRUG INTERACTION CHECKER TO YOU.

RESTRICTIONS. No material from the Drug Interaction Checker may be copied, reproduced, republished, uploaded, posted, transmitted, commercialized or distributed in any way, except that you may download one copy of the materials from the Drug Interaction Checker on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials from the Drug Interaction Checker or use of the materials for any other purpose is a violation of First Databank's content provider's copyright and other proprietary rights. The use of any such material from the Drug Interaction Checker on any other website or networked computer environment is prohibited. All rights, title and interest in and to the materials within the Drug Interaction Checker (including but not limited to all copyrights, trademarks, service marks, trade names and all derivative works) are owned or controlled by and shall remain at all time vested in First Databank and its content providers, as the case may be.

INTENDED THIRD PARTY BENEFICIARY. The parties acknowledge and agree that the content providers to this website, including but not limited to First DataBank, Inc., shall be intended third party beneficiaries with respect to the terms, conditions and limitations set forth in these Drug Interaction Checker End User Terms of Use.

 

19. Miscellaneous

In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

iVillage may assign its rights and obligations under these Terms of Service and upon such assignment iVillage may be relieved of any further obligation hereunder.

You represent to iVillage that you have the authority to register with or visit the iVillage Network according to these Terms of Service. iVillage does not encourage or solicit visitors who are known to be under the age of 18 to become a member of or visit the iVillage Network and does not permit anyone under the age of 13 to become a member of the iVillage Site.

These Terms of Service constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of iVillage, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.

iVillage reserves the right to terminate free access to the iVillage Network including any or all content, services, digital products, products, events, courses or tools with or without notice to you. iVillage reserves the right (at iVillage's discretion) to provide you with notice of such change by prominently posting a notice on the iVillage Network and/or sending written notice to you at any e-mail and/or post office address you have provided to iVillage. Once free access is terminated iVillage may charge each subscriber any applicable fee, surcharge and/or membership fee for access to the iVillage Network and/or any for-pay content, services, digital products, products, events, tools or products.