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Copyright and Use

Terms of Use

Thank you for visiting Yummy Mummy, LLC (Yummy Mummy)’s website. These Terms of Use and our Privacy Policy set forth the conditions under which you may access and use the websites. By accessing and using the websites, you agree to be bound by our Terms of Use and our Privacy Policy then in effect and by all applicable law. If you do not agree with any of the Terms of Use or our Privacy Policy, you should not access or use the websites for any purpose. We reserve the right to terminate or limit your access to the websites for any violation of the Terms of Use or our Privacy Policy, or for any other reason, in our sole discretion.

Certain features, products or software that you purchase or download from our website may be subject to additional terms and conditions presented to you at the time that you use, purchase or download them. In addition, some areas of our site are provided by our third partner partners and are subject to separate terms and conditions of use, which are posted within those areas.

You Should Not Rely on the Information Contained in the Websites

Without limiting the generality of the foregoing, we are not responsible for any content, communications, information, or other materials posted, submitted, communicated, shared, discussed or otherwise generated through blogs, discussion boards, or other public areas of our websites ("User Generated Content"), nor do we guarantee its truthfulness, accuracy or completeness. Any actions you take or do not take based on or related to User Generated Content are solely at your own risk.

Third Party Websites

Yummy Mummy's websites, including User Generated Content, may contain links to third party websites. These links are provided only as a convenience to the recipient. We do not control and are not responsible for any linked third-party websites, and their policies and practices may not be consistent with these Terms of Use or our Privacy Policy. Further, we do not necessarily endorse any of these third party websites and do not intend to imply any association between Yummy Mummy and the party or parties involved. If you use any third-party links, you do so at your own risk, and should check their terms of use and privacy policies before accessing or using them.

Rules of Conduct

Any public areas of the websites are intended to facilitate open communication and discussion. If you post, submit, share, disseminate, or respond to User Generated Content, however, you agree that:

  • your User Generated Content will not (i) be defamatory, harassing, threatening, obscene, pornographic, or invasive of privacy, (ii) be illegal, encourage illegal activity, violate of the rights of others, or otherwise give rise to liability, (iii) be confidential or proprietary, or infringe any third-party intellectual property rights and, (iv) in particular, be copyright protected (unless you have full permission to publish it under the terms hereof from the copyright owner). 
  • you are solely responsible for the User Generated Content and your failure to comply with the foregoing.
  • we have the right (but assume no obligation) to monitor, delete, move, or edit any User Generated Content that we consider inappropriate or unacceptable for any reason.
  • you grant to us, and to each user of the websites, a global, nonexclusive, unlimited license to publish, reproduce, sell, display, perform, disclose, distribute, use, edit or modify the User Generated Content, and any ideas, concepts or techniques embodied in the User Generated Content, for any purpose whatsoever, and you waive any and all moral rights you may have in the foregoing.


Ownership, License & Limitations On Use

We or our licensors or partners own the intellectual property rights in the content and materials displayed on this site. You may use this site (including such content and materials) for your own personal, non-commercial use, but you may not use it for commercial purposes. In addition, the names, images, pictures, logos, icons and other marks identifying our products and services in many countries are proprietary marks of Yummy Mummy. Except as expressly provided below, nothing contained herein should be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.

Limited License and Right to Use the Websites and Content

You are hereby granted a nonexclusive, nontransferable, limited license to view and use information from the websites (i) solely for your personal, informational, non-commercial purposes, (ii) on the terms herein, (iii) provided that you do not modify or alter the content in any way, and (iv) provided that you do not delete or change any copyright or trademark notice.
Except as expressly provided herein, no part of these websites, including but not limited to materials retrieved and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means. In no event should materials from these websites be stored in any information storage and retrieval system without prior written permission from Yummy Mummy.

In addition, you may only use the websites if you agree not to take any action that might (i) interfere with their proper working, (ii) impose an unreasonable or disproportionately large load on their infrastructure, (iii) compromise the their security, (iv) render them or their features inaccessible to others, (v) cause other damage to the websites or any content, or (vi) launch any automated system, including without limitation, any "robot," "spider," or "offline reader" that sends more requests to their server(s) in a given period of time than a human can reasonably generate using a conventional web browser.

Use, duplication, or disclosure by or for the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19.

Other Disclaimers, Limitation of Liability, and Indemnity

"Covered Parties" means Yummy Mummy (including affiliated and other related entities), its listees, business partners and other entities participating in these websites, and its and their officers, directors, partners, principals, managers, members, employees, contractors, agents, successors, and assigns.

Other Disclaimers

THE WEBSITES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND THE COVERED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE GENERALITY OF OTHER TERMS HEREIN, THE COVERED PARTIES ALSO DISCLAIM ALL WARRANTIES, RESPONSIBILITY AND LIABILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITES AND THEIR CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) USER GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREIN, (C) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN OUR WEBSITES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREIN, (D) THE UNAVAILABILITY OF THE WEBSITES OR ANY PORTION THEREOF, (E) YOUR USE OF THE WEBSITES, (F) VIRUSES OR OTHER DAMAGING FACTORS, OR (G) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITES.

Limitation of Liability

The Covered Parties are and will not be liable for any damages, including but not limited to any direct, indirect, incidental, special, reliance, or consequential damages of any kind whatsoever (including, without limitation, attorneys' fees, lost profits, savings, or data), in any way due to, resulting from, or arising in connection with these websites, including their content and your use thereof, regardless of any negligence or fault of any of the Covered Parties, and whether or not apprised of the possibility of such damages. In no event will the aggregate liability of any of Covered Parties related to your use of the websites, User Generated Content, or their other content be greater than $100.

Indemnity

You agree to indemnify and hold harmless the Covered Parties from any losses, damages, claims, or liabilities of any nature, including reasonable attorneys' fees, arising from your use of the websites, User Generated Content, or their other content, or your breach of the terms hereof. The indemnity does not apply to events arising directly from a client-lawyer relationship, if any, that may be entered between you and Yummy Mummy on the terms described herein.

Capacity to Accept Terms of Use

In accessing or using the websites, you affirm that you (i) are more than 18 years old, or an emancipated minor, or possess legal parental or guardian consent, (ii) are fully able and competent to understand and enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use and our Privacy Policy, and (iii) agree to comply with these Terms of Use and our Privacy Policy. In any case, you acknowledge that these websites are not intended for children under the age of 13, and affirm that you are more than 13 years old. Please do not use these websites if you are under 13, and talk to your parents or guardian about which websites you can visit.

Entire Agreement; Severability; No Waiver

These Terms of Use incorporate by reference any notices contained on these websites and, with our Privacy Policy and any end-user license agreements, constitute the entire agreement regarding your access to and use of these websites. If any provision of these Terms of Use or our Privacy Policy is unlawful, void or unenforceable, that provision will be severable from the remaining provisions and will not affect their validity and enforceability. Yummy Mummy's failure to enforce any provision on any occasion is not and should not be construed as a waiver of such provision.

Governing Law; Jurisdiction

These Terms of Use and our Privacy Policy are to be governed by and construed in accord with the laws of the State of New York, USA, without regard to choice of law principles, and U.S. federal and state courts located in the State of New York, USA, are the exclusive forum and have sole jurisdiction for any dispute.

We control and operate this website from our facilities in the United States of America, and unless otherwise specified, the material displayed on this website are presented solely for the purpose of promoting products and the services available in the United States, its territories, possessions, and protectorates. We do not represent that materials on this site are appropriate or available for use in other locations. If you choose to access this site from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

Claims of Copyright Infringement and the Digital Millennium Copyright Act

Yummy Mummy is committed to complying with U.S. copyright and related laws, and requires all customers and users of the Service to comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements.

In the event that you claim to be the copyright owner of any content, you agree to immediately notify Yummy Mummy of any claimed copyright infringement. You further agree to provide the Yummy Mummy’s copyright agent the following information as required by the DMCA, Title 17, U.S.C. § 512:

  • your physical or electronic signature or that of a person authorized to act on behalf of you, the purported owner of an exclusive right that is allegedly infringed;
  • identification of the copyright or work claimed to have been infringed, or a multiple copyrighted work at a single online site or covered by a single notification, or a representative list of such works at that site;
  • 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 us to locate the material;
  • information reasonably sufficient to permit us to contact you, the complaining party, or the person authorized to act on your behalf;
  • a statement that you, the complaining party, have a good faith belief that the use of the material in the manner complained of is not authorized by you the copyright owner, your agent, or the law; and
  • 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 you, the owner of an exclusive right that is allegedly infringed. Yummy Mummy’s Copyright Agent for notice of claims of copyright infringement on or relating to the website can be reached either by: sending an email via our contact form; or sending a letter via the U.S. Mail to:

Yummy Mummy, LLC
1201 Lexington Avenue
New York, New York 10028

Yummy Mummy will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s) stored on the website or (ii) disable access to the work(s). The Yummy Mummy will also notify the affected customer or user of the Service of the removal or disabling of access to the work(s). Copyright owners may use their own notification of claimed infringement form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to Yummy Mummy, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.

If you receive a notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to Yummy Mummy. Upon Yummy Mummy's receipt of a counter notification that satisfies the DMCA requirements, Yummy Mummy will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received counter notification. In all events, you expressly agree that Yummy Mummy will not be a party to any disputes or lawsuits regarding alleged copyright infringement.

If a notification of claimed infringement has been filed against you, you can file a counter notification with Yummy Mummy’s designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.

Material available in Yummy Mummy’s websites is protected by copyright law. Copyright © 2015

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then the provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. These Terms of Use are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by you or us.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THIS SITE, OR THESE TERMS OF USE, MUST BE FILED BY YOU WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED OR BE PERMANENTLY BARRED.

Effective date: August 3, 2015