TERMS OF USE AGREEMENT

IMPORTANT! PLEASE READ THIS LEGAL STATEMENT CAREFULLY BEFORE USING THIS SITE.

The information and services on this website www.TheMotherhood.com (the “Site”) are provided by The Motherhood (“The Motherhood”). By using the Site, you agree to be bound by the terms and conditions of this Terms of Use Agreement (“Agreement”). “You” and “your” mean any Member of this Site. Your use of this Site indicates that you are bound by this Agreement with us. If you do not want to be bound to this Agreement, do not use this Site.

1. MEMBER GUIDELINES - At The Motherhood, we are all about helping each Member make life a little better every day. We support positive, encouraging commentary. As a Member, you may submit your own submissions and/or comments to other Members' submissions, or to the Site (collectively, “Submissions”), for which you are solely responsible. We expect you to adhere to the following guidelines for Submissions:

a. Show Compassion. Promote goodwill and kindness whenever possible. Treat others how you wish to be treated - online, IRL, anywhere.

b. Use Integrity. Do not copy. Be truthful. If you have any question about posting Submissions, ask us. Contact us at contact@themotherhood.com.

c. Foster Community. Positively support each other. Do not restrict or inhibit any other Member from using the Site. If another Member's Submissions are offensive, disturbing or unsettling, flag it and/or contact us at contact@themotherhood.com.

d. Think Respectfully. We encourage you to express your opinion, but be mindful about how you present it publicly. Use your voice for constructive feedback rather than harsh criticism.

e. Be Decent. The Motherhood is a family oriented Site. You agree to adhere to a standard of decency and positive support, appropriate for the forum. Pornographic or indecent material of any kind may not be used. You may not submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, vulgar, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law or regulation, or is otherwise inappropriate. Any such activity will be reported to your Internet Service Provider, and if necessary, your local police.

f. Do Not Post Infringing Material. Do not post Submissions or upload files that contain material protected by intellectual property laws or by rights of privacy of publicity, unless you own or control such rights. Always give credit where it is due. Properly attribute photographs, illustrations or other media that you might post. Obtain necessary releases. Provide links to source materials, and identify quotations as such.

g. Watch Out for Corrupting Uploads or Illegal Downloads. Do not upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. Do not download any file posted by another Member that you know, or reasonably should know, cannot be legally distributed in such manner.

h. Do Not Advertise. Do not advertise or offer to sell or buy any goods or services for any business purpose, unless The Motherhood specifically allows such messages. Such activity may cause The Motherhood to delete your Member profile immediately.

i. Do Not Spam or Collect Information. Do not conduct or forward surveys, contests, pyramid schemes or chain letters. Do not collect information about others, including e-mail addresses, without their consent. Such activity may cause The Motherhood to delete your Member profile immediately.

2. OWNERSHIP OF SITE. This Site is owned, operated and maintained by The Motherhood and has been created for your entertainment. This Site and all perceptible components hereof, including without limitation text, video, images and audio, are copyrighted by The Motherhood.

3. NECESSARY APPROVALS. You affirm, represent, and/or warrant that: you own or have all the necessary licenses, rights, consents, and permissions to use and authorize the Site to use all patent, trademark, trade secret, copyright or other intellectual property or proprietary rights in and to any and all Submissions.

4. OWNERSHIP OF SUBMISSIONS; IRREVOCABLE LICENSE TO USE SUBMISSIONS. You retain ownership of all copyrights you may have in your Submissions; however, by submitting Submissions to Site, you hereby grant the Site a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, adapt, modify, sell, reproduce, distribute, prepare derivative works of, display, and perform the Submissions (in whole or in part), for any purpose whatsoever, and to incorporate Submissions in other works in any form, media, or technology now known or later developed.

a. The foregoing license shall be broadly construed, and shall include, without limitation the right to: (i) promote and redistribute part or all of the Submissions (and derivative works thereof) in any media formats and through any media channels, (ii) incorporate the Submissions on tangible or intangible products (e.g., cups, clothing) for resale or otherwise, and (iii) use the Submissions for promotional purposes, whether to promote the Site, other Site products or services, or third party products or services.

b. You acknowledge that you will not be entitled to any royalties or any other payment as a result of any efforts by the Site to exploit any Submissions. The Site may freely sublicense the rights that you grant it in this Section to a third party. To the extent necessary for the Site to exercise its rights under the foregoing license, you hereby grant the Site a perpetual, royalty-free and irrevocable license to exploit any personality, publicity, or privacy rights in and to the Submissions and in your likeness as contained therein. You also hereby grant each Member of the Site a non-exclusive license to access your Submissions through the Site, and to use, reproduce, distribute, display and perform such Submissions as permitted through the functionality of the Site and under these Terms of Use.

5. RESTRICTIONS OF USE. This Site is available only for your personal, non-commercial use. While you are permitted to utilize the Site's “share” link to share certain Site content, you may not otherwise copy, reproduce, republish, post, distribute, transmit or modify in any way all or any part of this Site.

6. TAKE DOWN PROCEDURE. If a Member believes that certain Site content infringes on another's intellectual property, or is fraudulent, offensive, illegal, obscene, indecent, defamatory, incites racial or ethnic hatred, violates the rights of others, or otherwise violates this Agreement, requests to take down such content may be sent to The Motherhood (contact@themotherhood.com).

7. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE. The Motherhood responds to notices of alleged intellectual property infringement that comply with the Digital Millennium Copyright Act (“DMCA”). For more information about this, including directions on how to provide such a notice, please see our DMCA Policy.

8. COPYRIGHT AND TRADEMARK NOTICE. All submissions of The Motherhood Site other than “Submissions” as defined above are Copyright © 2011 Motherhood and/or its Sponsors. All rights reserved. All names, logos and trademarks on the Site are the property of The Motherhood or of third parties whose consent The Motherhood has obtained. The names of actual companies and products mentioned on the Site may be the trademarks of their respective owners. You may not use any such materials for any purpose without the express written consent of The Motherhood.

9. LINKS TO THIRD PARTY SITES. The Motherhood Site may contain links to other web sites (“Linked Sites”). The Linked Sites are not under the control of The Motherhood, and The Motherhood is not responsible for the content of any Linked Site, including without limitation, any link contained on a Linked Site, or any changes or updates to a Linked Site. The Motherhood is not responsible for any submissions found on or any form of transmission received from any Linked Site. The Motherhood is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Motherhood of the website or any association with its operators.

10. LINKS TO THE MOTHERHOOD SITE. You may link to The Motherhood Site from other websites but only in accordance with the following linking guidelines and with all applicable laws: (i) you may link to, but not replicate The Motherhood content; (ii) you may not imply that The Motherhood is endorsing certain products or services; (iii) you may not misrepresent your relationship with The Motherhood; (iv) you may not present false information about The Motherhood or its services; and (v) you may not contain content that could be construed as distasteful, offensive or controversial.

11. NO CONFIDENTIALITY. Except as otherwise provided in the Privacy Policy, all Submissions posted to this Site and all electronic mail delivered to The Motherhood or to any other Members of the Site, are not confidential. The Motherhood will not be liable for any use or disclosure the same. We do not guarantee any confidentiality with respect to any communication and/or other materials submitted to the Site, whether posted or not. Public access will be unlimited to your Submissions.

12. PRIVACY POLICY. The Motherhood is committed to your privacy. Our Privacy Policy is incorporated herein in its entirety. The Privacy Policy provides extensive detail regarding how information is collected, used and/or disclosed by us in connection with your use of this Site. All defined terms not otherwise defined herein shall have the meanings ascribed to in the Privacy Policy.

13. DELETION; DENIAL OF ACCESS. The Motherhood, in its sole discretion, reserves the right to edit or remove any Site content or Submissions, without notice to the creator. The Motherhood reserves the right to refuse access to the site to any Member that violates this Agreement.

14. SITE AVAILABILITY - The Motherhood, in its sole discretion, reserves the right to discontinue Site availability at any time without notice for any reason and will not be liable in any way for any consequence of such changes.

15. SERVICES RENDERED FROM THE UNITED STATES - This Site is controlled and operated by The Motherhood, an entity incorporated in the United States. The services referred to on this Site are available in the United States and may not be available in your country. The Motherhood makes no representation that services mentioned on this Site (and/or any products referenced thereon) are appropriate or available for use in other locations.

16. DISCLAIMERS. We expressly disclaim any and all liability in connection with Submissions. You shall be solely responsible for your own contributions and the consequences of posting them. The Motherhood has no responsibility for the any material posted by Members. We do not endorse any contributions or any opinion, recommendation, or advice expressed on the Site by Members. You understand that when using the Site, you will be exposed to opinions and Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any Member contributions. You further understand and acknowledge that you may be exposed to certain information that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against The Motherhood with respect thereto.

17. NO WARRANTIES. THE MOTHERHOOD MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE SUBMISSIONS INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPERTIARY RIGHTS; WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS ON THE SITE, OR ANY PART THEREOF; WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE; AND OTHER WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF THE MOTHERHOOD. ALL SUCH INFORMATION, SERVICES AND MATERIALS ARE PROVIDED ÒAS ISÓ AND ÒAS AVAILABLEÓ WITHOUT WARRANTY OF ANY KIND.

18. LIMITATIONS OF LIABILITY. The Motherhood shall not be liable for damages of any kind, including without limitation special or consequential damages, arising out of your use of, reliance on, or access (or lack of access) to the Site or any Submissions on the Site. The Motherhood has no duty to update this Site or the Submissions and The Motherhood shall not be liable for any failure to update the same. WHILE THE MOTHERHOOD STRIVES TO KEEP THE INFORMATION ON THIS SITE ACCURATE, COMPLETE, AND UP-TO-DATE, THE MOTHERHOOD CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION ON OUR SITE. The Motherhood is neither responsible, nor liable, for your use of Linked Sites. These links and other “resources” referenced on this Site are provided merely as a public service to those who visit or use the Site, and inclusion in our Site does not constitute an endorsement by or affiliation with The Motherhood

The Motherhood uses reasonable due diligence to avoid material loss of service or value to you. If a loss of service or value occurs for which The Motherhood is at fault, your sole remedy will be discontinuation of the service. You agree that monetary or other damages of any kind are excluded by this Terms of Use Agreement.

As noted above, The Motherhood is a family oriented Site, and we strive to maintain the integrity of this Site. YOU SPECIFICALLY ACKNOWLEDGE THAT THE MOTHERHOOD SHALL NOT BE LIABLE FOR CONTRIBUTIONS OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.

19. INDEMNIFICATION - You agree to indemnify, defend and hold harmless The Motherhood, its Sponsors, agents, affiliates, and suppliers from any liability, loss, claim and expense (including reasonable attorneys' fees) related to (i) any claim due to or arising out of your violation of this Terms of Use, including but not limited to a claim arising out of a breach of your representations on warranties make hereunder; (ii) your use of and/or access to the Site; (iii) your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that your Submissions caused damage to a third party.

20. CHOICE OF LAW - This Agreement and the resolution of any dispute related to this Agreement or the Site shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of law. The Motherhood's failure to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. Any legal action or proceeding between The Motherhood and you related to this Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the Commonwealth of Pennsylvania.

21. AMENDMENTS - The Motherhood reserves the right to review and amend this Agreement, from time to time. The Motherhood shall provide adequate notice of such amendments in any way we deem appropriate. Members who disagree with such amendments will have the option to decline and delete their page.

22. MISCELLANEOUS - If any term, condition, or provision of this Agreement is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby. This Agreement constitutes the entire Agreement between you and The Motherhood relating to the subject matter herein.

By using this Site, you are acknowledging your consent to these terms and conditions. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SITE/SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.