Terms of Use

TERMS OF USE AGREEMENT AND PRIVACY POLICY FOR MOMHUB.COM.

1.0 AGREEMENT BETWEEN USER AND Parental Ventures LLC.
This is a binding agreement ("Agreement") between you, the user ("You" or "Your") and Parental Ventures LLC, an Oregon limited liability company (“Parental Ventures”). The Parental Ventures Web Site (which includes momhub.com and dadhub.com) is offered to You conditioned on Your acceptance without modification of the terms, conditions, and notices contained herein. The terms of this Agreement apply to You as a user whether you are a Visitor (which means you simply browse the Web Site) or a Member (which you become by signing up for an account). By accessing the Parental Ventures Web Site, You confirm Your acceptance of, and agree to be bound by, this Agreement and all such terms, conditions and notices. Terms of this Agreement are subject to change, so please check back periodically for updates, which will be indicated by a change to the date listed at the top of this page.  This Web Site is offered for information and discussion purposes only, and nothing in it shall be interpreted as financial, psychological, political, medical or legal advice, or as an endorsement of our Advertisers.

2.0 MODIFICATION OF THESE TERMS OF USE. 
Parental Ventures reserves the right to change the terms, conditions and notices of this agreement under which the Parental Ventures Web Site is offered at any time without notice to you. You are responsible for regularly reviewing these terms and conditions. The most current version of this Agreement can be viewed by clicking on the "terms of use" hypertext link located at the bottom of Parental Ventures web pages. Your continued use of the Parental Ventures Web Site after changes are posted constitutes your acceptance of this Agreement as modified by the posted changes.

3.0 PRIVACY POLICY. 
Because your privacy is important to You and to Parental Ventures, Parental Ventures will operate www.momhub.com in accordance with its Privacy Policy, which is incorporated into this Agreement by this reference and which may be viewed by following this link to the Privacy Policy. BY CONSENTING TO THIS AGREEMENT WITH PARENTAL VENTURES, YOU ALSO CONSENT TO THIS PRIVACY POLICY.

4.0 PARENTAL VENTURES WEB SITE USAGE.
As a condition of Your use of the Parental Ventures Web Site, You represent and warrant to Parental Ventures that You will not use the Parental Ventures Web Site for any unlawful purpose or in any manner prohibited by this Agreement or any applicable law. In particular, you represent and warrant that You will comply with all laws and regulations that govern financial, confidential or personally identifiable information, including without limitation gathering, transmitting, using, disclosing, or storing such information.

You represent and warrant that You will not use the Parental Ventures Web Site in any manner which could damage, disable, overburden or impair the Parental Ventures Web Site or interfere with any other party's use and enjoyment of the Parental Ventures Web Site.

The Parental Ventures "Members Only" portion of the Parental Ventures Web Site ("Members Only Site") is intended only for access by members who have submitted their information and created an account in order to access services provided by Parental Ventures ("Members"). All Member information You provide to Parental Ventures and that You post on the Parental Ventures Web Site, including without limitation name, address, phone number, fax number, and email address, must be current, accurate and complete. If Parental Ventures at any time discovers any error or omission in the information You provide, Parental Ventures may in its sole discretion terminate the right to access and use the Members Only Site by any Member. You may not permit anyone other than Yourself to use Your Parental Ventures Member information to access any portions of the Parental Ventures Web Site which are restricted to Members only, and You are responsible for the acts or omissions by third parties who are under Your control for their use of the Members Only Site, and for any damages incurred by You as a result thereof. 

The Parental Ventures Members Only Site may contain chat areas, forums, news groups, bulletin board services, blogs and other facilities ("Parental Ventures Web Services") that permit You to communicate with other Parental Ventures Members. You agree to use these Parental Ventures Web Services only to post, send and receive messages and materials that are appropriate and related to the service. By way of example, and not as a limitation, You agree that when using Parental Ventures Web Services, You will not:

• Violate any applicable laws or regulations;
• Upload information that contains material protected by intellectual property laws, including without limitation material protected by patent, copyright, trademark (such as MomHub logo), or trade secrets, or by rights of privacy or publicity unless You own or control the rights thereto or have received all necessary consents;
• Falsify or delete author attributions, legal or other proper notices or proprietary designations indicating the origin or source of information that is uploaded or downloaded from the Parental Ventures Web Site;
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. Inappropriate topics, names, material or information may include without limitation, personal, non-topic related, criticisms or attacks, confrontational speech such as "flaming" or all caps posts, private photographs, videos, jokes, resumes or personal material;
• Publish confidential or personally identifiable information in violation of this Agreement, State or Federal law, codes of ethics, business or other licensing, community standards of decency, or any other obligations with respect to confidentiality or personally identifiable information;
• Harass, abuse, publish private facts, cast a false light on an individual, threaten or otherwise violate any legal rights of others;
• Upload viruses, corrupted files or any other software or information that may damage the operation of another's computer or network;
• Use the Parental Ventures  Web Site for commercial purposes beyond a basic listing and including, but not limited to, advertisements, promotions, offers to buy or sell goods or services, surveys, contests, pyramid schemes, or sponsorship banners, unless you sign a separate agreement with Parental Ventures permitting such advertisements;
• Use the Parental Ventures Web Site to forward chain letters; 
• Forward any material or information contained in one of Parental Ventures Web Services to anyone who is not a Member of the Parental Ventures; or
• Violate any of Parental Ventures policies, guidelines or other codes of conduct which are applicable to the Parental Ventures Web Site or in particular to one of Parental Ventures Web Services.

Parental Ventures has no obligation to screen or monitor Parental Ventures Web Services; however, Parental Ventures reserves the right to review information or materials posted to any of Parental Ventures Web Services and to remove any such information or materials at its sole discretion. Parental Ventures reserves the right at all times, in its sole discretion, to edit, refuse to post or to remove any information or materials from the Parental Ventures Web Site, regardless of whether such material does or does not violate this Agreement or any Parental Ventures policies, guidelines, or other codes of conduct which are applicable to the Parental Ventures Web Site or in particular to one of Parental Ventures Web Services.  

You are solely responsible for any disputes with other Members.  Parental Ventures reserves the right, but not the responsibility, to monitor disputes between Members.

Parental Ventures does not control or endorse the content, messages or information found in any of Parental Ventures Web Services, and Parental Ventures specifically disclaims any liability with regard to Parental Ventures Web Services. Parental Ventures does not endorse or otherwise verify the accuracy, truthfulness or reliability of any information provided on Parental Ventures Web Services unless it is provided by an authorized Parental Ventures spokesperson. Any statements made on Parental Ventures Web Services reflect only the views of their authors, and your reliance on any such content is at your own risk. Parental Ventures Web Services will be managed or hosted by employees, independent contractors, and/or Members of Parental Ventures, who are not authorized Parental Ventures spokespersons, and their views or actions in managing or hosting Parental Ventures Web Services do not necessarily reflect those of Parental Ventures.

5.0 PERSONALLY IDENTIFIABLE DATA.
You agree to not use or disclose on the Parental Ventures Web Site, including without limitation on Parental Ventures Web Services, any information that identifies, or with respect to which a reasonable basis exists to believe that the information can be used to identify, an individual.  Information that identifies or creates a reasonable basis to identify an individual includes the following types of information: name, address (including street address, city, county, zip code, or equivalent geocodes), names of relatives and employers, birth date, telephone and fax numbers, email addresses, social security number, account number, certificate or license number, any vehicle or other device serial number, web URL, Internet Protocol (IP) address, finger or voice prints, photographic images, or other images that include identifying data, and any other unique identifying number, characteristic or code (whether generally available in the public realm or not) that you have reason to believe may be available to an anticipated recipient of information. You have no reason to believe that a reasonably anticipated recipient could use the remaining information either alone or in combination with other information to identify the individual. You agree that You shall be solely responsible for any such determination and agree to indemnify Parental Ventures for the consequences of such determination and for any information posted by You on the Parental Ventures Web Site, including without limitation on Parental Ventures Web Services, should it identify or should the subject of such information believe it identifies such individual.

In the event that Federal or state requirements protecting individual information are more restrictive than the laws and regulations discussed in this Agreement, and should such requirements apply to Your use of the Parental Ventures Web Site including without limitation to Parental Ventures Web Services, You agree to abide by such requirements in using or disclosing such information and to indemnify and hold Parental Ventures harmless for the consequences of your violation of any and all laws.

6.0 SECURITY. 
The Parental Ventures Members Only Site requires a user identification (userID) and password for access and use. Certain Parental Ventures Web Services may require additional codes. We encourage you to use "strong" passwords (e.g., an eight to twelve character code that contains upper case and lower case letters, a mix of alpha and numeric characters, and contains words not found in a dictionary of any language). You are solely responsible for (1) maintaining the strict confidentiality of the userIDs, passwords and codes ("Member Information") assigned to You; (2) damages or losses that may be incurred or suffered as a result of Your failure to maintain the strict confidentiality of Member Information; and (3) promptly informing Parental Ventures in writing of any need to deactivate and replace any Member Information due to security concerns. Parental Ventures is not liable for any harm related to the theft of Your Member Information, Your disclosure of Your Member Information, or Your authorization to allow another person or entity to access and use the Members Only Site using Your Member Information. You agree to notify Parental Ventures immediately as soon as You become aware of any unauthorized use of Your Member Information. Notice to Parental Ventures under this section of the Agreement may be accomplished by sending e-mail to info@momhub.com  by conventional mail to:
Parental Ventures LLC
1327 SE Tacoma St., Suite 109
Portland OR 97202

7.0 COPYRIGHT AND TRADEMARK OWNERSHIP, NOTICES AND INFRINGEMENT.
All contents of the Parental Ventures Web Site are: Copyright © 2007  Parental Ventures  LLC. All rights reserved which include without limitation, the trademarks MomHubTM and DadHubTM and Parental VenturesTM.  The content of the Parental Ventures Web Site is proprietary to Parental Ventures and is protected by the copyright laws of the United States and other countries. The compilation of the content on the Parental Ventures Web Site is the exclusive property of Parental Ventures and is protected by the copyright laws of the United States and other countries.

The Parental Ventures On-Line Membership Directory is Copyright © 2006 Parental Ventures LLC. All rights reserved. No part of this directory may be reproduced, stored in a retrieval system or transmitted in any form or by any means for commercial purposes without the prior written permission of Parental Ventures. Notwithstanding the foregoing, Parental Ventures Members are permitted to access and download the names of one or more other Members, but not the entire Membership Directory list, for purposes of contacting such Members. For information, contact:

Parental Ventures LLC
1327 SE Tacoma St., Suite 109
Portland OR 97202

Parental Ventures does not claim ownership of the individual materials or information You may provide to Parental Ventures, including, phone numbers, posts, uploads, inputs, or submissions to the Parental Ventures Web Site including without limitation any of Parental Ventures Web Services. However, if You provide such materials or information to Parental Ventures:

• You warrant and represent that You own or otherwise have all of the rights in and to Your materials or information including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the materials or information; and
• You grant Parental Ventures, its affiliated entities and sub-licensees a non-exclusive, perpetual, worldwide, royalty free, fully paid up and irrevocable license to use Your materials or information, including without limitation the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, make derivative or collective works, translate and reformat the materials or information, and to publish Your name in connection with Your materials or information, or for any other purpose, including commercial purposes. Parental Ventures will not pay You compensation with respect to any use of Your materials or information.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Parental Ventures Web Site, without the prior written permission of Parental Ventures. Any rights not expressly granted herein are reserved by Parental Ventures. For information contact: 
Parental Ventures LLC
1327 SE Tacoma St., Suite 109
Portland OR 97202

Nothing in this Agreement or its performance shall grant You any right, title, interest, or license in or to Parental Ventures names, logos, logotypes, trade dress, designs, goodwill or other trademarks. Any and all rights not expressly granted herein are reserved by Parental Ventures.

8.0 NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. 
The following information is provided exclusively for notifying Parental Ventures that your copyrighted material may have been infringed. All other inquiries, such as requests for technical assistance, reports of e-mail abuse, and piracy reports, will not receive a response through this process. Parental Ventures does not guarantee any action based upon the receipt of such information.

Pursuant to Title 17, United States Code, Section 512(c)(2 ), notifications of claimed copyright infringement should be sent to Parental Ventures Designated Agent.  Written notification must be submitted to the following Designated Agent:
Parental Ventures – LLC
Director of Content
1327 SE Tacoma St., Suite 109
Portland OR 97202
info@momhub.com

To be effective, the Notification must include all of the following:

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

9.0  LINKS TO THIRD PARTY WEB SITES. 
The Parental Ventures Web Site may contain links to third party Web Sites. The third party Web Sites are not under the control of Parental Ventures, and Parental Ventures is not responsible for the contents or policies of any third party Web Site, and the inclusion of any link is as a convenience and does not imply endorsement by Parental Ventures of the site or any association or relationship with its operators.

10.0 USE OF INFORMATION FOUND ON THE PARENTAL VENTURES SITE.
The information and materials available through the Parental Ventures Web Site, including without limitation the Parental Ventures Web Services, is for information and entertainment purposes. The information included on the Parental Ventures Web Site may reflect opinions not universally shared and does not necessarily reflect the view of Parental Ventures.  Your reliance upon and use of the information and materials obtained by you at or through the Parental Ventures Web Site, including without limitation on Parental Ventures Web Services, is solely at your own risk.

11.0 TERMINATION.
Parental Ventures reserves the right, in its sole discretion, to terminate Your access to any or all of the Parental Ventures Web Site, including without limitation Parental Ventures Web Services, at any time without notice for any reason whatsoever. Sections 3, 4, 5, 7, 10, 11, 12, 13, 14, 15, and 17 of this Agreement shall survive the expiration or termination of this Agreement for any reason whatsoever.

12.0 COMPLIANCE WITH APPLICABLE LAWS.
Parental Ventures reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

13.0 GENERAL DISCLAIMERS, EXCLUSION OF DAMAGES, AND LIMITATION OF LIABILITY. 
PARENTAL VENTURES DOES NOT INVESTIGATE OR VALIDATE THE CREDENTIALS OF ANY OF THE ADVERTISERS OR MEMBERS LISTED ON THIS WEBSITE AND YOU MUST RELY ON YOUR OWN INVESTIGATION INTO ADVERTISER CREDENTIALS.  THE INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PARENTAL VENTURES WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION ON THE PARENTAL VENTURES WEB SITE. PARENTAL VENTURES MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE PARENTAL VENTURES WEB SITE AT ANY TIME. PARENTAL VENTURES MAKES NO REPRESENTATIONS ABOUT THE PARENTAL VENTURES WEB SITE, INCLUDING WITHOUT LIMITATION THE PARENTAL VENTURES WEB SITE'S SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, MATERIALS, PRODUCTS, SERVICES AND GRAPHICS. PARENTAL VENTURES PROVIDES THE PARENTAL VENTURES WEB SITE, INCLUDING WITHOUT LIMITATION ALL INFORMATION, MATERIALS, PRODUCTS, SERVICES, AND GRAPHICS "AS IS" WITHOUT WARRANTY OF ANY KIND. PARENTAL VENTURES DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE PARENTAL VENTURES WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, MATERIALS, PRODUCTS, SERVICES AND GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE.

YOUR SOLE AND EXCLUSIVE REMEDY IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PARENTAL VENTURES WEB SITE IS TO DISCONTINUE USING THE PARENTAL VENTURES WEB SITE. PARENTAL VENTURES SHALL IN NO EVENT UNDER ANY CIRCUMSTANCES WHATSOEVER BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, DATA OR PROFITS ARISING OUT OF, INCIDENTAL TO OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PARENTAL VENTURES WEB SITE, WITH THE DELAY OR INABILITY TO USE THE PARENTAL VENTURES WEB SITE OR PARENTAL VENTURES WEB SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, MATERIALS, PRODUCTS, SERVICES AND GRAPHICS OBTAINED THROUGH THE PARENTAL VENTURES WEB SITE, SECURITY BREACHES, OR OTHERWISE ARISING OUT OF THE USE OF THE PARENTAL VENTURES WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PARENTAL VENTURES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ALSO IN PARTICULAR, IN NO EVENT SHALL PARENTAL VENTURES BE HELD LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION PROVIDED ON THE PARENTAL VENTURES WEB SITE, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE USE OF THE SERVICES DISCUSSED OR ADVERTISED ON THE PARENTAL VENTURES WEB SITE.

Some jurisdictions do not permit the exclusion or limitation of implied warranties or the exclusion of certain types of damages. Therefore, if and only if required by applicable law, some of the foregoing exclusions may not apply to You.

14.0 INDEMNITY.  
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PARENTAL VENTURES, ITS SUCCESSORS, AFFILIATES, AND ASSIGNS, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) AND DAMAGES ARISING OUT OF CLAIMS BASED UPON YOUR USE OF THE PARENTAL VENTURES WEB SITE, INCLUDING WITHOUT LIMITATION ANY CLAIM OF LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PRIVACY OR PUBLICITY, LOSS OF SERVICE BY OTHER MEMBERS AND INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER RIGHTS. PARENTAL VENTURES WILL NOTIFY YOU PROMPTLY OF ANY CLAIM FOR WHICH PARENTAL VENTURES SEEKS INDEMNIFICATION AND WILL AFFORD YOU THE OPPORTUNITY TO PARTICIPATE IN THE DEFENSE OF SUCH CLAIM, PROVIDED THAT YOUR PARTICIPATION WILL NOT BE CONDUCTED IN A MANNER PREJUDICIAL TO PARENTAL VENTURES INTERESTS, AS REASONABLY DETERMINED BY PARENTAL VENTURES.

15.0 GOVERNING LAW.
This Agreement is governed by the laws of the State of Oregon, United States of America, but not that jurisdiction's conflicts of laws rules. You hereby consent to the exclusive jurisdiction and venue of state and federal courts in Multnomah County, Oregon in all disputes arising out of or relating to the use of the Parental Ventures Web Site.

16.0 NO RELATIONSHIP.
You agree that no joint venture, partnership, employment, or agency relationship exists between You and Parental Ventures as a result of this Agreement or use of the Parental Ventures Web Site, including without limitation Parental Ventures Web Services.

17.0 CONSTRUCTION.
If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.

18.0 PARENTAL VENTURES CONTACT INFORMATION
Webmaster: info@momhub.com
Parental Ventures LLC
1327 SE Tacoma St., Suite 109
Portland OR 97202

19.0 NOTICES.
Any notices from Parental Ventures to You will be given by a general posting on the Parental Ventures Web Site or by an e-mail, if an e-mail address is available. Notices from Parental Ventures to Parental Ventures Members may also be given by first-class mail. Notices to Parental Ventures must be sent first-class mail to:
Parental Ventures LLC
1327 SE Tacoma St., Suite 109
Portland OR 97202

20.0 ASSIGNMENT.
Parental Ventures may assign this Agreement, in whole or part, in its sole discretion. You agree not to assign, transfer or sublicense Your rights or obligations under this Agreement.

21.0  ADDITIONAL REPRESENTATIONS WARRANTIES AND COVENANTS OF PARENTAL VENTURES ADVERTISERS.
In addition to this Agreement and the Privacy Policy, Advertisers who access or use of the Parental Ventures Web Site and Web Services must also comply with the terms of the Advertisement Insertion Order, which is incorporated by reference herein. 

In addition to those found above, Advertisers make the following covenants, representations and warranties as a condition preceding your use of the Parental Ventures Web Services:  the records You post or have posted on the Parental Ventures Web Site are accurate;  You have a current federal, state and local licenses to run Your business; You are engaged in the business, as listed, and offer goods and services to the public; You maintain liability insurance appropriate for Your business;  and You will immediately notify Parental Ventures if there are any changes in the information You provide.

22.0 ENTIRE AGREEMENT.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between You and Parental Ventures with respect to the Parental Ventures Web Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and Parental Ventures with respect to the Parental Ventures Web Site, including without limitation to Parental Ventures Web Services. You agree and acknowledge You had the opportunity to consult legal counsel before agreeing to this Agreement and agree to waive any rule of construction against the draftsperson.