HiMama's Terms of Service
1. Acceptance of the Terms of Service
Welcome to HiMama! We are excited to have you as a user and member of the community.
Hi Mama Inc. (a.k.a. "HiMama", "we", "us", the "Company" and terms of similar meaning) provides this web site and the services provided by or through this web site to you subject to these terms and conditions of use (collectively, these "Terms of Service" or "Terms"). The Terms of Service apply to your use of www.himama.com, including any content, functionality and services offered on or via this web site and any successor web sites or related applications (together, the "Website"). The Terms of Service also include our Privacy Policy.
We want to keep our relationship with you as lean and informal as possible, but please read the Terms of Service carefully before you start using HiMama, because by using the Website you accept and agree to be bound and abide by these Terms of Service.
Should you disagree with some of the provisions herein, you can either leave the Website (although we'll be sad to see you go!), or contact us at info@himama.com. HiMama is all about capturing, sharing, and reliving life's special moments and connecting parents and children everywhere, and we'll be happy to hear your comments and suggestions.
2. Changes to the Terms of Service and the Website
HiMama will always be a work in progress as we constantly make changes and improvements to serve you better. We also reserve the right to update the Website and these Terms of Service from time to time, at our discretion and without notice. Nevertheless, this document is public on the Website, and you will be able to track the changes for any new version. Your continued use of the Website following the publishing of updated Terms of Service means that you accept and agree to the changes.
3. Accessing the Website, Security and Privacy
We take reliability and security seriously and put significant effort into ensuring that our service operates all the time, and that it is a secure environment for your data. However, no system is perfectly secure or reliable, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. When you use HiMama you accept these risks.
We are always working hard on improving HiMama, but we can never guarantee that the Website will be up and running 24/7. We also reserve the right to suspend or restrict access to some features. In any case, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, nor for any data loss (see also section 7 below).
To access certain features of the Website you have to register by entering your email and choosing a password as part of our security procedures. You must treat such information as confidential, not disclosing it to any third party and only using the Website in person. There is a password reset procedure in case you forget your password, but please notify us of any breach of security. We highly recommend that you choose a strong password and that you log out from your account at the end of every session. If you register for the Website, you agree to accept all risks of unauthorized access to your account and any other information you provide to HiMama. You are responsible for all activity on your HiMama account.
It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. In the future, you may be asked to provide certain registration details or other information. As custom for internet websites, we reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Service.
We also do not guarantee that the Website or any content provided on the Website is error free. We manage your personal data according to our Privacy Policy. For more information about security and safety considerations when using the Website, please refer to our page dedicated to Internet Safety.
4. Intellectual Property Rights and Use Guidelines
The Website features and functionality (including look and feel!), are owned by HiMama and are protected by Canada and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Website. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).
All Content added, created, uploaded, submitted, distributed, or posted to the Website or by the Website by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Website is at your own risk.
The Website may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Website.
We do not guarantee that any Content will be made available on the Website. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Website.
5. User Contributions and Content Standards
HiMama contains user generated content, and also may contain message boards, personal web pages, forums or other interactive features that allow you to upload, post, submit, publish, display or transmit to other Users Content on or through the Website. All User Content must be lawful, not spammy, and clear of virus or other malware. More specifically, but without limiting the foregoing, it must comply with the following Content Standards:
Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.
Not be likely to deceive any person.
Not promote any illegal activity, or advocate, promote or assist any unlawful act.
Not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
Not involve commercial activities or sales , such as contests, sweepstakes and other sales promotions, barter or advertising.
Not give the impression that they emanate from us or any other person or entity, if this is not the case.
We have a zero tolerance policy when it comes to objectionable content. Any content that we feel is objectionable or that our users have identified as objectionable will be removed and the user who has provided the objectionable content will be ejected from the site. Our promise to our users is that we will act on objectionable content reports within 24 hours.
6. Law and Copyright Infringement
We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to disclose user identities when required to do so by law, including in response to a law enforcement request supported by a valid court order. You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
7. Disclaimer of Warranties, Limitations of Liability and Indemnification
Your use of HiMama is at your sole risk. The service is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney's fees) arising from your violation of any third-party's rights.
You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it in ways which might result in any loss of your or any third party's property or information.
While HiMama attempts to make your access to and use of the Website safe, we do not represent or warrant that the Site or the Content are free of viruses or other harmful components.
8. Governing Law and Jurisdiction
These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the Province of Ontario without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of Canada or Province of Ontario. If you choose to access the Website from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify HiMama for your failure to comply with any such laws.
9. Waiver and Severability
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and HiMama and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.