Terms of Service

Effective on Feb 15th, 2009
babyMomStreet.com is a place (website) where parents can share from their experiences on taking care of babies and kids of all age, news and other contents from anywhere on the web, post comments, search, browse, user profile pages and much more subject to the following Terms of Service ("Terms"), which may be updated by babyMomStreet.com from time to time. You can review the most current version of the Terms at: http://www.babyMomStreet.com/tos

By agreeing to these terms or by using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

We can change these terms at our sole discretion. If we do this, we will post the changes to these Terms of Use on this page and will indicate the effective date at the top of this page. Your continued use of the Service or the Web site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Service or the Web site. It is your responsibility to regularly review these Terms of Use.

  1. Eligibility
  2. To become a member of babyMomStreet.com or be able to use babyMomStreet.com website or use any services offered by babyMomStreet.com, you must fulfil the following requirements:

    • You must be at least 13 years of age; or the legal age to form a binding contract in your jurisdiction if that age is greater than 13 years of age
    • If you are under the age of 13 years or the legal age appropriate for such usage in your jurisdiction, you can use the babyMomStreet.com service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Service of babyMomStreet.com
    • Accept our terms and conditions.
    • Use of the Website and membership in the Service are void where prohibited.

  3. Contractual relationship
    • Entire Agreement:
    • These Terms of Use, together with our Privacy Policy posted by us on the Web site, constitute the entire agreement between you and us regarding the use of the Web site including any content, services, or applications accessible on or through the Site (the "Services") and any e-mail, instant paging and other services which may be offered from time to time by babyMomStreet.com for use with or without your babyMomStreet.com account login name or e-mail address (each feature individually and collectively referred to as the "Service"), superseding any prior agreements between you and us relating to your use of the Web site or the Service. Please read them carefully.

    • No Waiver:
    • Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid or unlawful, the remainder of this Agreement shall continue in full force and effect.

    • Duration and termination:
      • This Agreement will remain in full force and effect while you are a Member of babyMomStreet.com, use the babyMomStreet.com or use any services offered by babyMomStreet.com;
      • You may terminate your membership at any time, by requesting babyMomStreet through "Contact us";
      • We may also terminate your membership for any reason, at any time.
  4. Rules of conduct:
    1. You are responsible for your information
      • You are solely and fully responsible for any content you post on our website or transmit to other members and/or other website users, including, but not limited to forum discussion posts, diary posts, photos, graphics, video, personal profiles, personal messages, or invitation to people whether or not they are existing babyMomStreet.com users.
      • You agree that you will only post, share contents or express opinions that you believe to be true and you will not purposely provide false or misleading information.
      • You are solely and fully responsible for opinions expressed on any product, services or advice given to other members.
    2. You are responsible for usage of information on this website
      • You are solely and fully responsible for using the information available on this website.
    3. Respect others
    4. You agree to act responsibly and to treat other users and members with respect at all times.

    5. Prohibited conduct:
    6. The following is a partial list of the type of conducts and behaviour that are illegal or prohibited on/through the babyMomStreet.com. babyMomStreet.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the babyMomStreet.com Service and terminating the membership of such violators or blocking your use of the babyMomStreet.com Service and/or babyMomStreet.com Web Site.

      • To harm the website
      • This includes but is not limited to:

        • Modifying, adapting, or reverse engineering any portion of the website and service;
        • Reformatting or framing any portion of the web pages that are part of our service;
        • Transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature.
      • To appear under a false identity
      • We want you to portray your real identity. Thus you should not create an account under a false name. You should also not try to give the impression to other members that you are somebody else in communications with members.

      • Commercial use
      • Our website is intended for personal, non-commercial purposes only. In particular you are prohibited from uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

      • Materials that are not allowed:
      • We prohibit uploading, posting, emailing, transmitting or otherwise making available any libellous, defamatory or otherwise unlawful material.

      • To harass other members
        • We want our networking platform to be an enjoyable experience to everyone;
        • If a member communicates to you that he or she does not want to receive any more communication from you - respect that and stop communicating;
        • Continuing communication after such a request would amount to harassing that member and we expect you not to harass other members;
        • A communication can be held to be a conduct amounting to harassment even if it does not violate any other of our rules of conduct.
      • Spreading hatred
        • Any communication that spreads hatred will not be allowed;
        • We prohibit uploading, posting, emailing, transmitting or otherwise making available any content that contain racist, fascist, communist or otherwise unlawful material; and
        • Any content that promotes individuals, companies or organisations that promote racism, fascism, communism or otherwise unlawful activities.
      • Pornography
        • The object of setting up this platform is partly social and partly academic and is aimed at serving the community through a common platform;
        • We therefore, do not permit uploading, posting, emailing, transmitting or otherwise making available any content that contains pornographic or sexually explicit material.
      • Limited access and usage
        • Making senseless or blank postings, sending mass e-mails or creating events or groups without any content are prohibited;
        • This results in limiting access or usage or making usage more difficult for other members;
        • We seek to make the use of this platform a pleasant experience for every member;
      • Adherence to local laws
      • You must use the Website and the Service in a manner consistent with any and all applicable local laws and regulations. Also you cannot use the website to promote any activity which is illegal according to local law.

      • Our responsibility:
        • Even though all of the above violations of the code of conduct are strictly prohibited, there is a small chance that you might become exposed to such items while using the Website or the Service;
        • If so neither we nor any of our employees or associated individuals will in any way be responsible for any damages related to any such exposure.
  5. Protection of third party rights
    • You are not allowed to submit any materials of any third party without such third party's prior written consent;
    • Furthermore, by posting content to any part of the website, you automatically grant, and you represent and warrant that you have the right to grant, an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses thereof;
    • Reporting Copyright Infringements
      If you believe that any content or material residing on or accessible through the babyMomStreet.com or Services offered by babyMomStreet.com infringes a copyright, please send a notice of copyright infringement containing the following information to legal@babyMomStreet.com :
      • A scanned signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
      • Identification of works or materials being infringed;
      • Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that babyMomStreet.com is capable of finding and verifying its existence;
      • Contact information including address, telephone number and, if available, email address about the person authorized to act on behalf of the owner of the copyright that was infringed;
      • A statement that the works or material residing on babyMomStreet.com is not authorized by the copyright owner, its agent, or the law; and
      • A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
  6. Venue Only:
  7. If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the babyMomStreet.com Web Site or any other babyMomStreet.com services, such activity is solely between you and the applicable third party. babyMomStreet.com shall have no liability, obligation or responsibility for any such activity. You hereby release babyMomStreet.com from all claims arising from such activity.

  8. Disclaimer:
  9. ALL CONTENT, SERVICES, PRODUCTS AND/OR SOFTWARE AVAILABLE AND/OR BEING PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. BABYMOMSTREET.COM, ITS AFFILIATES, PARTNERS AND/OR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
    YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OFFERED BY BABYMOMSTREET.COM ON THE SITE FOR YOUR INTENDED APPLICATION AND USE. BABYMOMSTREET.COM DOES NOT WARRANT THAT THE SITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES IT OFFERS ON THE SITE MEET YOUR REQUIREMENTS.
    BABYMOMSTREET.COM, ITS AFFILIATES, PARTNERS AND/OR LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF BABYMOMSTREET.COM, ITS AFFILIATES, PARTNERS AND/OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  10. Breach of these terms:
    • In case that you breach the code of conduct we may remove any content without any notices that we determine in our sole discretion to violate any of the above;
    • We also may terminate, without any notice or notices, your user account in our sole discretion if the breach is considered serious;
    • In addition, we reserve the right to investigate and take appropriate legal action, reporting such violations including referring to the appropriate legal authorities and suing for damages.
  11. Limitation of liability
  12. We will try to make your experience as good as possible and to prevent any harm to you. However it is not possible for us to make sure that technology is working correctly and to control that other members do not breach the rules of conduct. We, therefore have to limit our liability.

    However except for gross negligence, we are not responsible:

    • For any incorrect or inaccurate content posted on the Web site or in connection with the Service, whether posted or caused by users of the Web site, Members or by any of the equipment or programming associated with or utilized in the Web site or the Service;
    • For the conduct, whether online or offline, of any user of the Web site or Member of the Service;
    • For the unavailability of the website;
    • For any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications;
    • For any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service;
    • For any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on or through the Web site or the Service or transmitted to Members, or any interactions between users of the Web site or Members, whether online or offline;
    • Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Website or the Service, even if we have been advised of the possibility of such damages.
  13. Indemnity
  14. You agree to indemnify and hold us and each of our employees or associate persons harmless from and against any loss, liability, claim, or demand, including reasonable attorney's fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the Service or the Web site in violation of this Agreement or your violation of any law or the rights of a third party.

  15. Proprietary Rights in Content on the Web Site
    • All content on the Web site, including but not limited to design, text, graphics, other files, and their selection and arrangement, are the proprietary property of the Company or its licensors;
    • All rights reserved. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission;
    • You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact;
    • You may not republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation.
  16. Privacy
  17. We care about the privacy of our Members. You should go to our http://www.babyMomStreet.com/privacy to get more information on how we protect your privacy.

  18. Member Disputes
  19. You are solely responsible for your interactions with other Members on our website. We reserve the right, although we have no obligation, to monitor disputes between you and other Members, and to take any action that we feel may be appropriate in our sole discretion, consistent with the terms of this Agreement.

  20. Contact and Violations:
  21. Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Service to legal@babyMomStreet.com

  22. Governing Law
  23. By visiting or using the Web site and/or the Service, you agree that the laws of Republic of India will govern these Terms of Use and any dispute of any sort that might arise between you and us.