Last Updated 29th July 2008

PLEASE READ THE FOLLOWING TERMS OF SERVICE RELATING TO YOUR USE OF THE MYPREGNANCY WEBSITE CAREFULLY. THESE TERMS OF SERVICE GOVERN YOUR USE OF THE MYPREGNANCY WEBSITE.

These Terms of Service (“TOS”) apply to all users of the MyPregnancy website (the “Site”). By using this Site (including any content posted on the Site), you signify your acceptance of these TOS, as well the TOS of Pregnancy-Calendars.Net terms of service. MyPregnancy reserves the right to update or change these TOS at any time by posting the most current version of the TOS on the Site. Your continued use of the Site after we post any changes to the TOS signifies your agreement to any such changes. If you do not agree to these TOS, you must discontinue using the Site and terminate your membership in MyPregnancy and Pregnancy-Calendars.Net.

MyPregnancy Site Access

This is a website for expecting women, women who may be trying to conceive, moms, and their family and friends. To use this site and the services offered, you must be 16 years old or older. By accessing this site, you are certifying that you are at least 16 years of age. Use of the site and the services is void where prohibited.

Registration

You do not have to be a MyPregnancy Member to use this Site. However, only Members can access some of the most popular features and services that MyPregnancy currently offers, such as journals, photos, groups, private messages, social networking features, or other services that we may offer in the future (the “Services”). Registration is free.

When you register with MyPregnancy, you will be asked to provide us with your name, birthday, email address and other information that we may request, all of which will become part of your profile (“Profile Data”), and which you can add to or change from time to time. You will also be asked to select a username and password which will serve to identify you as a Member each time you visit the Site and allow you to access your account. You may not (i) select or use a screen name of another person with intent to impersonate that person, (ii) use a screen name in which another person has rights without authorization from that person, or (iii) use a screen name that MyPregnancy, at its sole discretion, deems offensive. You agree to provide (i) true, accurate, current and complete information about yourself as prompted by the registration form, and (ii) maintain and properly update the Profile Data to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or MyPregnancy has reasonable grounds to suspect that you have, we have the right to suspend or terminate your membership and refuse any and all current or future use of the Site and the Services (or any portion thereof). Members must immediately notify MyPregnancy of any known or suspected unauthorized use of a Member's account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Member's password. Members should be cautious about sharing their account information with third parties. Each Member is responsible for the confidentiality of her/his screen name and password and all usage or activity on her/his account, including use of the account by any third party, whether or not such use is authorized by the Member. Members may share an account (using one screen name and password) if the account is being used for legitimate group discussions and if it is clearly disclosed that it is a group account.

Use of the Services

This Site and the Services offered are intended for your personal, noncommercial use in accordance with these TOS. You agree that you will not (i) copy, display or distribute any part of the Site, in any medium, without MyPregnancy’s prior written consent, or (ii) alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose.

You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Site, or to manipulate the Site or the Services, or otherwise exceed the limited access granted to you by MyPregnancy. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component.

Controlling your Personal Information

One of the great features of MyPregnancy is that you control who will see your profile information as well as any other information or photos that you post on the Site, simply by adjusting your privacy settings. When you first create a profile, or when you make any changes to it, you can select who will see that information. You can also choose to make your profile information (or parts of it) visible only to the friends in your network. Or you can choose to make it visible to everyone who visits the Site.

In addition, some information that you add to your profile cannot be hidden and is always visible to anyone who visits that Site. That includes your profile picture, your first name, first letter of your surname, due date, number of children and complications you have had. If you’re uncomfortable disclosing this information, just make something up. For example, your location can be “mind your own business”.

MyPregnancy makes every effort to ensure that your Profile Data and posts are displayed only to the people you selected in your privacy settings. However, mistakes can happen. If you believe that your content is being displayed in a manner that you did not authorize, you can notify us of the error by using the “report a bug” link displayed on any page of the Site and we will correct the problem promptly. However, you agree that your sole remedy against us if we were to make such a mistake is to require us to change the privacy settings to those that you originally requested.

User Submissions

Most of the content on MyPregnancy is submitted by our Members.

You acknowledge that by using the Site, you may be exposed to content that you find objectionable, indecent or offensive or which is inaccurate, misleading or incomplete. We are not responsible for the accuracy, completeness or usefulness of any content, nor do we endorse such content. We do not verify the identity of people using our Site. You use the Site and the content at your own risk.

You take sole responsibility for all content that you post on the Site and the consequences of posting that content. You are responsible for obtaining all necessary rights to upload, post and distribute the content, including obtaining permission from any person shown in a photo that you upload or identified in any writing that you post. You agree that you will not upload, email, transmit, or otherwise make available any content that is:

threatening, defamatory, abusive, obscene, pornographic, or any material that would give rise to any civil or criminal liability under applicable law

any materials that could infringe any copyright, trademark, publicity or privacy right or any other intellectual property right of any person or entity unless you have first received permission from the owner of those rights to use the materials

any materials containing slurs, hate speech or which attack an individual or group on the basis of race, color, religion, national origin, or sexual preferences

any materials that contain an email address, telephone number, street address, last name, or any other content or information that identifies a user

any materials that constitute spam. Sending the same message multiple times or to multiple people will be treated as spam

By submitting content to the Site, you grant to MyPregnancy and its successors in business a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, modify, edit, display, adapt, create derivative works from and market and promote the content, for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness and any personal information you submit with the content without your prior approval or the payment of any compensation. You also grant each user of the MyPregnancy Site a non-exclusive license to access your content as permitted through the functionality of the Site and under these TOS.

User Conduct

As an online community, we will thrive only if we can rely on our Members to act responsibly. We believe that all Members and visitors benefit from basic rules for acceptable conduct while using the Site and the Services. These rules have been encoded into our Community Guidelines. By using the Site, you agree to comply with the Community Guidelines.

Content Removal Rights

We reserve the right, but not the obligation, to monitor, edit or remove any content at any time and without notice if we believe that (i) the content violates these TOS or the Community Guidelines, (ii) removal is necessary to protect the rights, property or personal safety of MyPregnancy, its users and the public, or (iii) if required to do so by law. We also reserve the right to remove postings that are off the subject or not in English. We can also remove content if we believe that doing so will improve our Site and the experience of our Members.

If you believe that any postings on the Site violate these TOS or the Community Guidelines, please let us know by using the “Report this post” option. We try to review all reported violations and, if we agree with you, we’ll take appropriate action. However, in all cases, we are the final judge on whether these TOS or Community Guidelines have been violated and we will determine what, if any, action should be to taken.

Proprietary Rights

The Site and all material published on the Site, including, but not limited to text, photographs, video, text, graphics, music, sounds, messages, comments, ratings, and other materials is owned by MyPregnancy or its licensors and is protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights, including under the United States copyright laws. MyPregnancy owns a copyright in the selection, coordination, arrangement and enhancement of such content and a copyright in the Site.

No License Granted

Except for allowing you to use the Site for your personal use as set forth in the paragraphs above, when you use the Site, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of MyPregnancy. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER MYPREGNANCY PROPERTY EXCEPT AS WE INDICATE IN THESE TERMS.

Age Requirements

You must be at least 16 years old to join MyPregnancy and to use the Services. The MyPregnancy Site and Services is not intended for children under the age of 16. MyPregnancy does not knowingly collect personal information from children under the age of 16.

Links

The Site, or Members, may provide links to other World Wide Web sites or resources. Because MyPregnancy has no control over such sites and resources, you acknowledge and agree that MyPregnancy is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such sites or resources. You further acknowledge and agree that MyPregnancy 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 content, goods or services available on or through any such site or resource.

Indemnity

You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold MyPregnancy, and its affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Services or access to the Site, or your violation of either these TOS, applicable law or the rights of any third party.

Liability Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MYPREGNANCY OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR THE SERVICES, EVEN IF MYPREGNANCY HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason, then our aggregate liability for all claims under such circumstances for liabilities shall not exceed ten dollars ($10).

Access Restrictions; Termination

We can suspend or terminate your membership in MyPregnancy and your access to the Site or the Services, in whole or in part, at any time, immediately and without notice if, at MyPregnancy’s sole discretion, you fail to comply with any of the TOS or the Community Guidelines. Upon termination, you must destroy all materials obtained from this Site and the Services and all copies thereof. In the event of suspension or termination, you are no longer authorized to access the Site or the Services, and the restrictions imposed on you with respect to any materials downloaded from the Site or the Services and the disclaimers and limitations of liabilities set forth in the TOS shall survive.

You understand and agree that your membership in MyPregnancy is subject to and conditioned upon the following: Your continued adherence to these TOS and the Community Guidelines and any future modifications thereto. Your violation of these TOS, the Community Guidelines, or any other agreement between you and MyPregnancy constitute grounds for immediate termination of your membership without further notice at MyPregnancy’s sole discretion. We may also terminate your membership at any time, immediately and without notice, if we determine, in our sole discretion, that your conduct is detrimental to our business or the MyPregnancy community. Termination of your membership will result in cancellation of all rights of access and use granted to Members. MyPregnancy reserves the right to change, discontinue or suspend MyPregnancy or any of the Services at any time for any reason. Members may terminate their membership at any time by sending their request to us, using the “Contact Us” button on any page of the Site. MyPregnancy shall be the sole determiner in cases of suspected abuse, fraud, or breach of these TOS or the Community Guidelines. Any decision MyPregnancy makes relating to termination or suspension of any Member's account shall be final and binding. MyPregnancy may terminate any Member's account at its sole discretion if a Member has been inactive for a period of twelve (12) months. A Member will be defined as inactive if she has not logged into the Site with her screen name and password, or contacted MyPregnancy in any other manner. In addition, if you have been inactive for three (3) months, we may take down any photos that you have posted to your profile or anywhere else on the Site.