Date of Last Revision: October 4, 2011
and Acceptance of Terms.
Welcome to 30SecondMom.com (the “Site”) by 30 Second Mobile (“30Second Mobile,” “we,”
“us,” or “our”). The Site is a mobile
website designed to provide moms with brief and helpful tips to improve their busy lives, and allowing
them to share those tips with others through social networks. At 30Second Mobile, we value your interest in
(“Agreement”) is a prerequisite for registration and access to the Site.
30Second Mobile provides the Site subject to the
terms and conditions of this Agreement.
We reserve the right, at our sole discretion, to modify or amend these
terms and conditions at any time and without prior notice to you. Any modifications to this Agreement will
become effective at the time and in the manner as set forth in the amendment,
or when posted.
By accessing, viewing, or otherwise using the
Site, you agree to the following terms and conditions of this Agreement,
without limitation or qualification. You
further acknowledge that you are of the age of legal majority and are capable
of forming legally binding agreements under applicable law.
This Agreement shall take effect immediately
upon your first use of the Site. If you
do not agree to these terms and conditions, you are not authorized to access,
view or otherwise use the Site.
Services for Moms. The Site offers a variety of services, including:
information from other moms you can follow by clicking on their names so you
can read their tips.
helpful information in a variety of categories such as Food, Home, Health,
Money, Travel, Beauty, Relationships and Activities that you can click on to
read the tips.
ability to comment on and share the information via social networks such as
Google +1, Twitter and Facebook.
ability to submit your own tips for consideration to possibly be published on
30Second Mobile collects and uses the information you upload, post, e-mail,
transmit to or make available on the Site.
it contains to help you make informed decisions.
In consideration of your use of the Site, you agree to the
following obligations and otherwise represent and warrant that:
Registration Data. You will provide true, accurate, current information about yourself, as prompted by
the Site registration process and as requested by 30Second Mobile
(collectively, the “Registration Data”).
You will maintain and promptly update the Registration Data to keep it
true, accurate, andcurrent. If you
provide any information that is untrue, inaccurate or not current, or if
30Second Mobile has reasonable grounds to suspect that such information is
untrue, inaccurate or not current, 30Second Mobile has the right to (i) suspend
or terminate your account and (ii) refuse your future use of the Site.
Security & Access. You are solely responsible for all acts of
commission and omission that occur under your account. You are solely responsible for maintaining
the confidentiality of your username and password. You agree that your account, username and
password are personal to you. You agree
not to (i) sell, transfer, or license your account, username or password to
third parties, or (ii) permit or assist, directly or indirectly, third parties
in accessing your account. You agree to
(i) immediately notify 30Second Mobile of any unauthorized use of your account,
username or password, and (ii) ensure that you log out from your account at the
end of each session. In the event of any
unauthorized use of your account, username or password by a third party, you
agree to immediately log out of your account and no longer access your account
until notified in writing by 30Second Mobile.
Upon notification of an unauthorized use, or if 30Second Mobile has
reasonable grounds to suspect that any unauthorized third party is accessing
your account or using your username and password, 30 Second Mobile reserves the
right, in its sole discretion, to suspend and/or terminate your account (e.g.,
by disabling usernames and/or passwords).
30Second Mobile cannot and will not be liable for any loss or damage
arising from your failure to comply with this Section IV.B. or for any loss or
damage arising from any suspension or termination of accounts as set forth
User Conduct. In order to maximize the effectiveness of the
Site, 30Second Mobile needs your help.
Accordingly, access to the Site requires users to conduct themselves in
a professional, courteous, respectful and lawful manner.
Do’s. You agree to and you represent and
all information, data, text, messages and other
material (“Material”) you upload, post, e-mail, transmit to or otherwise make
available on The Site shall be true, accurate, correct and not fraudulent and
not violate the trademark, copyright or other intellectual property rights of
any third party;
you will follow and comply with all applicable
you will conduct yourself in a professional
you will be courteous and not challenge or
attack other users;
you will review and comply with notices sent by
30Second Mobile from time to time;
you will provide constructive feedback to
30Second Mobile, when requested, for the purpose of improving our platform;
you will respect the intellectual property
rights of 30Second Mobile and others; and
Do Not’s. You further agree not to and
represent and warrant that you will not:
duplicate, license, sublicense, publish,
broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise
transfer or commercially exploit the Site, except as permitted in this
utilize Material (as used herein, “Material”
includes, but is not limited to, text, graphics, images, audio, video,
messages, data, or any other information) you view on and/or obtain from the
Site to provide any service that is competitive with the Site;
imply or state, directly or indirectly, that you
are affiliated with or endorsed by 30Second Mobile or the Site unless you have
entered into a written agreement with 30Second Mobile;
impersonate any person or entity, including, but
not limited to, a 30Second Mobile representative, or falsely state or otherwise
misrepresent your affiliation with a person or entity, past or present;
upload, post, e-mail, transmit to or otherwise
use the Site to make available any Material that falsely states or otherwise
misrepresents your identity, including but not limited to the use of a
pseudonym, or misrepresenting your current or previous positions and
access, via automated or manual means or
processes, the Site for purposes of monitoring its availability, performance or
functionality or for any competitive purpose;
unless expressly authorized in writing by
30Second Mobile, deep-link to the Site or any web page hosting or containing
the Site (i.e., including a link to a 30SecondMom.com web page other than the
home page) for any purpose;
use manual or automated software, devices,
scripts, robots, other means or processes to access, “scrape,” “crawl” or
“spider” any aspect of the Site or any web page affiliated with or relating to
the Site or 30Second Mobile;
engage in “framing,” “mirroring,” or otherwise
simulating the appearance or function of the Site or any web page hosting or
associated with the Site;
attempt to or actually override any security
component included in or underlying the Site;
engage in any action that interferes with the
proper working of or places an unreasonable load on our infrastructure,
including but not limited to unsolicited communications, attempts to gain
unauthorized access, or transmission or activation of computer viruses;
use automated methods when using the Site;
remove, cover, or otherwise obscure any form of
advertisement included as part of the Site;
interfere with or disrupt the Site, including
but not limited to any servers or networks connected to the Site, or disobey
any requirements, procedures, policies or regulations of networks connected to
use, or attempt to use, another’s account or
create a false identity on the Site;
upload, post, e-mail, transmit to or otherwise
use the Site to make available any Material that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene,
libelous, discriminating, invasive of another’s privacy, hateful, or racially,
ethically or otherwise objectionable;
upload, post, e-mail, transmit to or otherwise
use the Site to make available any Material that contains software viruses or
any other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or
upload, post, e-mail, transmit to or otherwise
use the Site to make available any Material that includes any unsolicited or
unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain
letters,” “pyramid schemes,” or any other form of solicitation such as but not
limited to (i) using the Site to send messages to people who don’t know you or
who are unlikely to recognize you as a known contact or entity; (ii) using the
Site to connect to people who don’t know you and then sending unsolicited
promotional messages to those direct connections without their permission; and (iii)
sending messages to distribution lists, newsgroup aliases, or group aliases;
forge headers or otherwise manipulate
identifiers in order to disguise the origin of any communication transmitted
through the Site;
intentionally or unintentionally violate any
applicable local, state, national or international law or regulations that have
the force of law;
“stalk” or otherwise harass, abuse or harm
rent, lease, loan, trade, sell/re-sell access to
remove any copyright, trademark or other
proprietary rights notices contained in or on the Site, including those of
30Second Mobile or any of its licensors;
collect, use or transfer any Material, including
but not limited to, personally identifiable information obtained from the Site
except as expressly permitted in this Agreement or by the owner of such
information as they may expressly permit;
upload, post, e-mail, transmit to or otherwise
use the Site to make available any Material that you do not have a right to
make available under any law or under contractual or fiduciary relationships
(such as, but not limited to, inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
upload, post, e-mail, transmit to or otherwise
use the Site to make available any Material that infringes any patent,
trademark, trade secret, copyright or other proprietary rights of 30Second
Mobile or of any third party;
collect or store personal data about other users
in connection with the prohibited conduct and activities set forth in the
Objectionable Material. 30Second Mobile may or may not pre-screen
Material uploaded, posted, e-mailed, transmitted to or otherwise made available
via the Site. 30Second Mobile and its
designees shall have the right, but not the obligation, in its sole discretion,
to pre-screen, refuse, or remove any Material that violates this Agreement or
is otherwise objectionable.
Accuracy of Material Available on The Site.
30Second Mobile does not claim ownership of
Material you upload, post, e-mail, transmit or otherwise make available through
the Site. However, with respect to
Material you submit or make available to the Site, you hereby grant 30Second
Mobile a worldwide, royalty-free, non-exclusive, perpetual and irrevocable
license to use the Material solely in connection with the Site.
For the avoidance of doubt, you acknowledge,
consent and agree that 30Second Mobile may access, preserve and disclose your
account information and Material if required to do so by law or in a good faith
belief that such access preservation or disclosure is reasonably necessary
to: (i) comply with legal process;
(ii) enforce this Agreement; (iii) respond to claims that any
Material violates or violated the rights of third parties; (iv) respond to
your requests for customer service; or (v) protect the rights, property or
personal safety of 30Second Mobile, the Site users, and the public.
You understand that all Material available on
the Site is the sole responsibility of the user from whom such Material
originated. This means that you, and not
30Second Mobile, are entirely responsible for all Material that you upload,
post, e-mail, transmit or otherwise make available via the Site.
You agree that you must evaluate, and bear all
risks associated with, the use of any Material, including any reliance on the
accuracy, completeness, or usefulness of such Material. Furthermore, you agree that any Material
relating to the financial services industry that you upload, post, email,
transmit or otherwise make available via the Site is in compliance with
applicable insurance or security laws and regulations.
Property of 30Second Mobile.
You acknowledge and agree that the Site and any
necessary software used in connection with the Site (the “Software”) contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws.
You further acknowledge and agree that Material contained in advertisements
or information presented to you through the Site or by advertisers is protected
by copyrights, trademarks, service marks, patents or other proprietary rights
and laws. Except as expressly permitted
by applicable law or as authorized by 30Second Mobile or the applicable
licensor (such as an advertiser, a registered user, etc.), you agree not to
modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly
perform or create derivative works based on the Site, such Material or the
Software, in whole or in part.
Subject to the terms of this Agreement, the Site
grants you a limited, personal, revocable, non-transferable, non-exclusive and
non-sublicensable right and license to use the object code of its Software;
provided that you do not otherwise (and do not allow any third party to) copy,
modify, create a derivate work from, reverse engineer, reverse assemble or
otherwise attempt to discover any source code, sell, assign, sublicense, grant
a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any
manner or form, nor to use modified versions of the Software, including
(without limitation) for the purpose of obtaining unauthorized access to the Site. You further agree not to reverse engineer,
decompile, disassemble, decipher or otherwise attempt to derive the source code
for any Software. You agree not to
access the Site by any means other than through the interface (e.g., web
interface) that is provided by 30Second Mobile for use in accessing the Site.
You agree not to reproduce, duplicate, copy,
sell, trade, resell or exploit for any commercial purposes, any portion or use
of, or access to, the Site (including any advertisements and Software).
You agree that all of 30Second Mobile’s
trademarks, service marks, trade names and other 30Second Mobile logos and
brand features, and product and service names are trademarks and the property
of 30Second Mobile (collectively, the “30 Second Mobile Marks”). Without 30Second Mobile’s prior written
permission, you agree not to display or use in any manner the 30Second Mobile
Notwithstanding anything herein to the contrary,
you expressly understand and agree that:
Mobile shall have no liability or responsibility for any actions or omissions
by you, whether or not such actions or omissions were facilitated by the Site.
of the Site and the Software is at your sole risk. The Site and the Software are provided as an
“as is” and “as available” basis.
30Second Mobile and its officers, employees, agents, partners and
licensors expressly disclaim all warranties of any kind, whether express or
implied, including, but not limited to the implied warranties of title,
merchantability, fitness for a particular purpose and non-infringement.
Mobile and its subsidiaries, affiliates, officers, agents, employees,
directors, partners and licensors make no warranty, express or implied, that
(i) the Site or the Software will meet your requirements; (ii) the
Site or the Software will be uninterrupted, timely, secure or error-free;
(iii) the tips/suggestions that may be obtained from use of the Site or
the Software will be accurate or reliable; (iv) the quality of any
products, services or Material purchased or obtained by you through the Site or
the Software will meet your expectations; (v) any Material will be accurate,
clear or complete; and (vi) any errors in the Software will be corrected.
Material downloaded or otherwise obtained through the use of the Site or the
Software is accessed at your own discretion and risk, and you will be solely
responsible for and hereby waive any and all claims and causes of action with
respect to any damage to you or your property, computer system, Internet
access, download or display device, or loss of data that results from the
download of any such Material.
30Second Mobile and its officers, agents,
employees, directors, partners and licensors make no warranty, express or
implied, regarding the accuracy, legality, or validity of any tax or legal
advice provided via The Site, whether provided by 30Second Mobile or a third
party. 30Second Mobile accepts no
liability whatsoever for any error or omission in such advice. You are urged to check with tax and legal
professionals in your State, Province or Country regarding any such tax or
No advice or Material, whether oral or written,
obtained by you from The Site or 30Second Mobile or through or from the Site or
the Software shall create any warranty not expressly stated in this Agreement.
VIII. Indemnity and Limitation of
You agree to indemnify and hold 30Second Mobile
and officers, agents, employees, directors, partners and licensors harmless
from any claim or demand, including reasonable attorneys’ fees, made by you or
any third party due to or arising out of:
(i) any false or fraudulent claims made by you; (ii) Material that you
submit, post, transmit, modify or otherwise make available through the Site;
(iii) your use of the Site; (iv) your connection to the Site; (v) your
violation of this Agreement or law; or (vi) your violation of any rights of
You expressly understand and agree that 30Second
Mobile and its officers, agents, employees, directors, partners and licensors
shall not be liable to you for any punitive, indirect, incidental, special,
consequential or exemplary damages, including, but not limited to, damages for
loss of profits, goodwill, use, data or other intangible losses (even if
30Second Mobile has been advised of the possibility of such damages), resulting
from: (i) the use or the inability to
use the Site; (ii) unauthorized access to or alteration of your transmissions
or data; (iii) statements or conduct of any third party on the Site; or (iv)
any other matter relating to The Site.
You may terminate your 30SecondMom.com account
by submitting such termination request to 30Second Mobile.
You agree that 30Second Mobile may, with or
without cause and with or without prior notice, immediately terminate, limit
your access to, or suspend your 30SecondMom.com account. Cause for such termination, limitation of
access, or suspension shall include, but is not limited to: (a) breaches or violations of this Agreement;
(b) requests by law enforcement or other government agencies; (c) discontinuance
or material modification to the Site; (d) unexpected technical or security
issues or problems; (e) engagement by you in fraudulent or illegal activities;
and/or (f) nonpayment of any fees owed by you in connection with the Site. Further, you agree that all terminations,
limitations of access and suspensions shall be made in 30Second Mobile’s sole
discretion and that 30Second Mobile shall not be liable to you or any third
party for any termination, limitation of access, or suspension of your account.
Termination of your account may include any or
all of the following: (a) removal of
access to all or part of the offerings within the Site; (b) deletion of your
password and all related information, files, content and Material associated
with or inside your account (or any part thereof); and (c) barring of further
use of all or part of the Site.
Reservation of Rights. 30Second Mobile expressly reserves all rights
not expressly granted to you herein. We
grant you no other rights, implied or otherwise.
The Site may provide, or third parties may provide, links to other world
wide web sites or resources. You
acknowledge and agree that 30Second Mobile is not responsible for the
availability of such external sites or resources, and does not endorse and is
not responsible or liable for any information, data, text, messages,
advertising, products or other materials on or available from such sites or
resources. You further acknowledge and
agree that 30Second Mobile shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such information, data, text,
messages, advertising, other materials, goods or services available on or
through any such site or resource.
No Third-Party Beneficiaries. You agree that, except as otherwise expressly
provided in this Agreement, there shall be no third-party beneficiaries to this
Entire Agreement. This Agreement constitutes the entire agreement
between you and 30Second Mobile as it pertains to your use of the Site,
superseding any prior version of this Agreement between you and 30Second Mobile
with respect to the Site.
Choice of Law and Forum. You and 30Second Mobile each agree that this
Agreement and the relationship between the parties shall be governed by the
laws of the State of Illinois, without regard to its conflict of laws
provisions, and that any and all claims, causes of action or disputes
(regardless of theory) arising out of or relating to this Agreement, or the
relationship between you and 30Second Mobile, shall be brought exclusively in
the courts located in the county of Cook, Illinois, or in the U.S. District
Court for the Northern District of Illinois.
You and 30Second Mobile agree to submit to the personal jurisdiction of
the courts located within the county of Cook, Illinois or in the Northern
District of Illinois, and agree to waive any and all objections to the exercise
of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of 30Second Mobile to exercise or
enforce any right or provision of this Agreement shall not constitute a waiver
of such right or provision. If any
provision of the Agreement is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties’ intentions as reflected in the provision and that the
other provisions of the Agreement remain in full force and effect.
No Right of Survivorship and
Non-Transferability. You agree that
your 30SecondMom.com account is non-transferable and any rights to your account
terminate upon your death.
No Injunctive Relief. In no event shall you seek, or be entitled to,
rescission, injunctive, or other equitable relief, or to enjoin or restrain the
operation or exploitation of the Site or of any Material or any advertising
used or displayed throughout the Site.
No Assignment and Delegation. You may not assign or delegate any rights or
obligations under this Agreement and any purported assignment and delegation
shall be ineffective. 30Second Mobile
may freely assign or delegate all rights and obligations under the Agreement,
fully or partially. As used herein, an
“assignment” includes any assignment by operation of law (i.e., a merger) or
any change of control, unless the change of control is due to a public
offering. For the avoidance of doubt, an
“assignment” shall not include the organizational restructuring of any party
(e.g., a change from a limited liability company to a corporation).
Section Titles. The section titles in this Agreement are for
convenience only and have no legal or contractual effect.
Claims of Copyright Infringement. Pursuant to Title 17, United States Code,
Section 512(c)(2), notifications of claimed copyright infringement should be
sent to Legal Counsel of Record for 30Second Mobile: Vedder Price P.C., 222 North LaSalle Street,
Suite 2600, Chicago, IL 60601.