Updated: January 2007
The following Terms and Conditions outline your obligations when using the NavyForMoms.com website.
This website ("Site") is sponsored by the United States Navy (“NAVY”) and produced and maintained by Campbell-Ewald Company (collectively "we," "us," "our" “NavyForMoms”) through Ning.com (“Ning”). By using this Site, you agree to be bound by each of the terms and conditions set forth below and any amendments thereto ("Terms and Conditions"). Please return to this Site and review these Terms and Conditions from time to time, as they may be amended without notice. Any changes to these Terms and Conditions will be effective immediately upon the posting of the revised Terms and Conditions on this Site.
We offer a NavyForMoms Platform for creating your Navy Moms Network (“NavyForMoms Platform”). Our lawyers want us to define some other terms as well, so here it goes:
Social Networks or Networks
are comprised of Code and Content. Networks are created by Users or by us and provided, through the use of the NavyForMoms Platform, for Users to connect with other Users online. Social Networks include features such as User profiles, friends, comments, recommendations, forums, photo sharing, video sharing, reviews, ratings, people matching, and events, among others.
are people who register on NavyForMoms to create, find, visit, use, and contribute to one or more Networks, which can include posting Content or responding to Content.
are Users who have created a Network on the NavyForMoms Platform.
is the source code (e.g., HTML or PHP code) used to provide the functionality behind Social Networks on the NavyForMoms Platform. Code may be contributed by us, developed by a User, provided by another User, or any combination of the three. Public Code is Code that all Users may copy, modify, and use in other Networks. Private Code is Code for a Network that Users (other than the Network Creator of that Network) are not allowed to view, copy, or modify; the applicable Network Creator may, through a premium service, designate the Network's Code as Private Code.
means any work of authorship (other than the Code and the user interface of a Social Network), including User profiles, comments, recommendations, forums, photos, videos, sounds, images, text, files, listings, postings, messages, or other materials posted on or transmitted through the NavyForMoms Platform or through any Network. Users upload Content to Social Networks. Social Networks, in turn, control Content. If we designate the Network as private, any Content submitted to that Network will be deemed to be Private Content. Private Content is licensed for use only within the Network into which it is posted. Public Content is available in the Network in which it is posted, other Networks, as well as the bar, which we'll get to in a moment.
are descriptions (words or phrases) you can assign to Content. You can assign as many Tags to Content as you like. You can also add, edit, and delete Tags that you've assigned.
is the space reserved by Ning in all Social Networks to provide services to Users of Networks on the their Platform. When closed, it occupies the top 30 pixels of every page. When the Ningbar is open, it will offer the NavyForMoms Platform Services for Users, including User registration, a message center, friends and contacts (including the ability to import contacts from third party email services), and a listing of the Networks you are using across the NavyForMoms Platform.
NavyForMoms Platform Services
All materials on this Site, including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, software, clips and other elements making up this Site (collectively, "Content") are protected by copyrights, trademarks and other intellectual property rights owned and controlled by us or by other parties that have licensed or otherwise provided their material to us. You acknowledge and agree that all Content on this Site is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Site, no Content may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without our prior express written permission.
To request permission from us, please contact: Navyinfo@c-e.com. Our granting of your request shall be at our sole discretion and may be conditioned on the payment of a fee, and the requirement that you secure certain third party permissions and enter into an agreement with respect to your proposed use. You may not add, delete, distort, or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or to utilize this Site or any part of the Content for any purpose other than its intended purposes is strictly prohibited. Any NAVY marks appearing on this website including, but not limited to: NAVY and the NAVY Logo, are trademarks and/or service marks of the United States Navy.
You agree to comply with the license and restrictions applicable to each item of Content you post, copy, access, or use.
You agree that all the intellectual property in the NavyForMoms Platform, other than the Content you provide, are owned by CE and/or NAVY or the applicable User(s). Except as expressly permitted under these Terms, you agree not to:
Ning, the host Platform and other related graphics, our logo and sub-logos, Ning marks, and trade names used on the Ning Platform are the trademarks of Ning and may not be used without permission. Other trademarks, NavyForMoms marks, NAVY marks and trade names that may appear on NavyForMoms are the property of their respective owners.
You must be a registered User to create Networks on the NavyForMoms Platform. Networks and their Network Creators, in turn, determine whether Users need to be registered with NavyForMoms to contribute Content in that Network. As a User, you are responsible for keeping your password secure. Names of Social Networks and Ning IDs are non-transferable. You will be solely responsible and liable for any activity that occurs under your Ning ID.
You agree that you are responsible for your own submissions and that if you submit any notes, postings, ideas, suggestions, concepts, stories, videos, recordings, photos or other material (collectively, “Submitted Material”) through this Site via any means, you hereby grant to NAVY, CE and their designee a perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use the Submitted Material in any and all media now or hereafter known throughout the universe without restrictions of any kind or any approvals or consents required from you or any third party. You will not have any claim against us with respect to such use of the Submitted Material, and to the extent, a claim is made against us or any our licensees by any third party with respect to the Submitted Material, you agree to indemnify and hold NAVY, CE, and their respective affiliated companies, directors, employees, agents, licensees, contractors harmless with respect to any such claims, including, without limitation, attorneys’ costs and expenses incurred in connection therewith.
You also agree not to post, email, or otherwise make available anything that:
Additionally, you agree not to:
You agree to comply with all applicable laws with respect to
We will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of anyone uploading, downloading, or posting materials, or otherwise using this Site in violation of any applicable federal, state, or local laws.
We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will terminate access for subscribers and account holders who are repeat infringers.
We respect the intellectual property of others, if you believe that your work has been copied in any way without your permission, please provide the following information to our Agent to Receive Notification of Claimed Copyright Infringement identified below. Your notice must contain the following:
Our Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows:
735 Emerson Street
Palo Alto, CA 94301
These Terms and Conditions commence upon your acceptance of these Terms and continues until terminated. These Terms will automatically terminate if Ning or NavyForMom decides, in their sole discretion, to discontinue the NavyForMoms Platform.
You may deactivate your Ning account at any time, for any reason, by following the instructions on Ning.
Ning and/or NavyForMoms has the right (at its sole discretion) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the NavyForMoms Platform or any Network, or remove and discard any Code or Content within any Network, without notice and for any reason.
Upon deactivating your account, these Terms terminate and your access rights to the NavyForMoms Platform will immediately cease to exist. The Code for the Network(s) associated with your account will be deactivated. For Content you wish to delete from the CE NavyForMoms Platform, you can delete it by going to each of the Social Networks to which you've contributed. We are not responsible for deleting Content on your behalf. Note that, even if Code or Content is deleted from Ning's active servers, it may remain in archives.
The provisions under the following headings will survive termination of these Terms for any reason: Content and Interaction, Acceptable Use and Conduct, Privacy and Spam, Disclaimer of Warranties, Indemnity, and Limitation of Liability.
Ning reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the NavyForMoms Platform or any part thereof with or without notice. Ning, CE and NAVY will not be liable to you or to any third party for any modification, suspension or discontinuance of the NavyForMoms Platform.
YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE CONTENT, OR ANY ADVERTISING, PRODUCTS OR MATERIALS OR THEIR AVAILABILITY AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGE OF ANY KIND CAUSED DIRECTLY OR INDIRECTLY BY OR IN CONNECTION WITH THE CONTENT OR THE USE OF THIS WEBSITE OR SUCH CONTENT, PRODUCTS, GOODS OR SERVICES.
You agree to defend, indemnify and hold NAVY, CE, and their respective subsidiaries, partners, agents, affiliates, licensors, sponsors and advertisers and their respective officers, directors, shareholders, agents and representatives harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising from your breach of any warranties, representations and agreements set forth in these Terms and Conditions, including, without limitation, your unauthorized use of any Content.
UNDER NO CIRCUMSTANCES SHALL WE, OR OUR SUBSIDIARIES, PARTNERS, VENDORS, AGENTS, AFFILIATES, LICENSORS, SPONSORS AND ADVERTISERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS OR DATA ARISING FROM (I) YOUR USE OF OR INABILITY TO USE THIS SITE, OR (II) CONTENT, PRODUCTS, AND/OR SERVICES INCLUDED ON OR AVAILABLE THROUGH THE SITE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. THEREFORE, THE ABOVE DISCLAIMER OF WARRANTIES AND/OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU IN ITS ENTIRETY.
These Terms may be updated or changed by us from time to time upon NavyForMom's posting of the amended Terms on this page. If you do not agree to changes to the Terms, you must notify Ning to terminate your account.
The failure of NavyForMoms to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. Your NavyForMoms account is non-transferable. You may not delegate your duties under these Terms or assign these Terms, in whole or in part.
Any dispute between the parties arising out of these Terms shall be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Francisco, CA. You hereby waive any right to a jury trial of any such dispute.
These Terms shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
735 Emerson Street
Palo Alto, CA 94301
We welcome your feedback on this document.
Last updated by Navy for Moms Admin Nov 10, 2010.