July 1st, 2008
Thebump.ca is a user generated content service that allows Members to create content relating to pregnancy and parenting and to view content generated by other Members. The service offered by Thebump.ca (“Thebump.ca” or “we”) include the Thebump.ca website (the ““Thebump.ca” Website”) and any other features, content, or applications offered from time to time by Thebump.ca in connection with Thebump.ca Website (collectively, the ““Thebump.ca” Services”). The “Thebump.ca” Services are hosted in Canada.
Thebump.ca may modify this Agreement from time to time and such modification shall be effective upon posting by Thebump.ca on Thebump.ca Website. You agree to be bound to any changes to this Agreement when you use the The bump Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on Thebump.ca and that you provide to other Users. The content you post on Thebump.ca may not include the following items: any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, incitement of hatred or intolerance or otherwise objectionable subject matter. Despite this prohibition, information provided by other Thebump.ca Members may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Thebump.ca assumes no responsibility or liability for this material. If you become aware of misuse of the “Thebump.ca” Services by any person, please contact Thebump.ca at info@Thebump.ca or click on the “Report Inappropriate Content” link at the bottom of any Thebump.ca page.
Thebump.ca reserves the right, in its sole discretion, to reject, modify, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the “Thebump.ca” Services at any time, for any or no reason, with or without prior notice, and without liability.
- Eligibility. Use of and Membership in the “Thebump.ca” Services is void where prohibited. By using the “Thebump.ca” Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the “Thebump.ca” Services does not violate any applicable law or regulation.
- Term. This Agreement shall remain in full force and effect while you use the “Thebump.ca” Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member’s Account Settings page. Thebump.ca may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
- Fees. You acknowledge that Thebump.ca reserves the right to charge for the “Thebump.ca” Services and to change its fees from time to time in its discretion. If Thebump.ca terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
- Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Thebump.ca immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
- Non-commercial Use by Members. The “Thebump.ca” Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Thebump.ca. Illegal and/or unauthorized use of the “Thebump.ca” Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the “Thebump.ca” Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the “Thebump.ca” Services.
- Proprietary Rights in Content on Thebump.ca. a. Thebump.ca does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you post to the “Thebump.ca” Services. After posting your Content to the “Thebump.ca” Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing (“posting”) any Content on or through the “Thebump.ca” Services, you hereby grant to Thebump.ca a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the “Thebump.ca” Services. i. Without this license, Thebump.ca would be unable to provide the “Thebump.ca” Services. For example, without the right to modify Member Content, Thebump.ca would not be able to digitally compress any files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, Thebump.ca could not allow Users to see content posted by Members. The license you grant to Thebump.ca is non-exclusive (meaning you are free to license your Content to anyone else in addition to Thebump.ca), fully-paid and royalty-free (meaning that Thebump.ca is not required to pay you for the use on the “Thebump.ca” Services of the Content that you post), sub-licensable (so that Thebump.ca is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the “Thebump.ca” Services), and worldwide (because the Internet and the “Thebump.ca” Services are global in reach). This license will terminate at the time you remove your Content from the “Thebump.ca” Services. The license does not grant Thebump.ca the right to sell your Content, nor does the license grant Thebump.ca the right to distribute your Content outside of the “Thebump.ca” Services. b. You represent and warrant that: (i) you own the Content posted by you on or through the “Thebump.ca” Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the “Thebump.ca” Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the “Thebump.ca” Services. c. The “Thebump.ca” Services contain Content of Thebump.ca (“Thebump.ca Content”). Thebump.ca Content is protected by copyright, trademark, patent, trade secret and other laws, and Thebump.ca owns and retains all rights in the Thebump.ca Content and the “Thebump.ca” Services. Thebump.ca hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Thebump.ca Content (excluding any software code) solely for your personal use in connection with viewing the “Thebump.ca” Website and using the “Thebump.ca” Services. d. The “Thebump.ca” Services contain Content of Users and other Thebump.ca licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the “Thebump.ca” Services.
- Content Posted. a. Thebump.ca may delete any Content that in the sole judgment of Thebump.ca violates this Agreement or which may be offensive, inappropriate, illegal or violate the rights, harm, or threaten the safety of any person. Thebump.ca assumes no responsibility for monitoring the “Thebump.ca” Services for inappropriate Content or conduct. If at any time Thebump.ca chooses, in its sole discretion, to monitor the “Thebump.ca” Services, Thebump.ca nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. b. You are solely responsible for the Content that you post on or through any of the “Thebump.ca” Services, and any material or information that you transmit to other Members and for your interactions with other Users. Thebump.ca does not endorse and has no control over the Content. Content is not necessarily reviewed by Thebump.ca prior to posting and does not necessarily reflect the opinions or policies of Thebump.ca. Thebump.ca makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
- Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the “Thebump.ca” Services. Thebump.ca reserves the right to investigate and take appropriate legal action against anyone who, in Thebump.ca’s sole discretion, violates this provision, including without limitation, removing the offending communication from the “Thebump.ca” Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Thebump.ca: a. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; b. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; c. harasses or advocates harassment of another person; d. exploits people in a sexual or violent manner; e. contains nudity, violence, or offensive subject matter or contains a link to an adult website; f. solicits personal information from anyone under 18; g. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; h. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; i. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); j. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; k. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; l. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; m. includes a photograph of another person that you have posted without that person’s consent; or The following is a partial list of the kind of activity that is illegal or prohibited on the “Thebump.ca” Website and through your use of the “Thebump.ca” Services. Thebump.ca reserves the right to investigate and take appropriate legal action against anyone who, in Thebump.ca’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to: n. advertising to, or solicitation of, any Member to buy or sell any products or services through the “Thebump.ca” Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the “Thebump.ca” Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. o. covering or obscuring the banner advertisements on your personal profile page, or any Thebump.ca page via HTML/CSS or any other means; p. any automated use of the system q. interfering with, disrupting, or creating an undue burden on the “Thebump.ca” Services or the networks or services connected to the “Thebump.ca” Services; r. attempting to impersonate another Member or person; s. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; t. selling or otherwise transferring your profile; u. using any information obtained from the “Thebump.ca” Services in order to harass, abuse, or harm another person; v. displaying an advertisement on an “Thebump.ca” content page, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the “Thebump.ca” Services on behalf of that person, such as placing commercial content on an “Thebump.ca” content page, posting blogs or bulletins with a commercial purpose w. using the “Thebump.ca” Services in a manner inconsistent with any and all applicable laws and regulations.
- Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Thebump.ca to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Thebump.ca by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the “Thebump.ca” Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the “Thebump.ca” Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Disclaimers. Thebump.ca is not responsible for any incorrect or inaccurate Content posted on the “Thebump.ca” Website or in connection with the “Thebump.ca” Services, whether caused by Users of the “Thebump.ca” Services or by any of the equipment or programming associated with or utilized in the “Thebump.ca” Services. Content created and posted by Members on the “Thebump.ca” Website may contain links to other websites. Thebump.ca is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Thebump.ca. Inclusion of any linked website on the “Thebump.ca” Services does not imply approval or endorsement of the linked website by Thebump.ca. When you access these third-party sites, you do so at your own risk. Thebump.ca takes no responsibility for third party advertisements which are posted on this “Thebump.ca” Website or through the “Thebump.ca” Services, nor does it take any responsibility for the goods or services provided by its advertisers. Thebump.ca is not responsible for the conduct, whether online or offline, of any User of the “Thebump.ca” Services. Thebump.ca assumes no responsibility 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, any User or Member communication. Thebump.ca is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the “Thebump.ca” Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the “Thebump.ca” Services. Under no circumstances shall Thebump.ca be responsible for any loss or damage, including personal injury or death, resulting from use of the “Thebump.ca” Services, from any Content posted on or through the “Thebump.ca” Services, or from the conduct of any Users of the “Thebump.ca” Services, whether online or offline. The “Thebump.ca” Services are provided “AS-IS” and as available and Thebump.ca expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Thebump.ca cannot guarantee and does not promise any specific results from use of the “Thebump.ca” Services.
- Limitation on Liability. IN NO EVENT SHALL Thebump.ca BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF Thebump.ca HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Thebump.ca’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Thebump.ca FOR THE “Thebump.ca” SERVICES DURING THE TERM OF MEMBERSHIP.
- Disputes. If there is any dispute about or involving the “Thebump.ca” Services, you agree that the dispute shall be governed by the laws of Ontario, Canada, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the federal courts of Canada and the Provincial Courts of Ontario.
- Indemnity. You agree to indemnify and hold Thebump.ca, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the “Thebump.ca” Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the “Thebump.ca” Website or through the “Thebump.ca” Services causes Thebump.ca to be liable to another.
- Other. This Agreement is accepted upon your use of the “Thebump.ca” Website or any of the “Thebump.ca” Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Thebump.ca regarding the use of the “Thebump.ca” Services. The failure of Thebump.ca to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Thebump.ca is a trademark of “Thebump.ca”, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: info@Thebump.ca with any questions regarding this Agreement.