Agreement between You and Mother’s Day Magazine

Welcome to www.mothersdaymagazine.com. The www.mothersdaymagazine.com website (the “Site”) is comprised of various web pages operated by Mother’s Day Magazine. www.mothersdaymagazine.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.mothersdaymagazine.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

1. Modification

Mother’s Day Magazine reserves the right, at our discretion, to change, modify, add, or remove parts of these Terms at any time.

2. Privacy

Your use of www.mothersdaymagazine.com is subject to Mother’s Day Magazine’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. Our Privacy Policy (the “Privacy Policy”) is hereby incorporated into these Terms.

3. Electronic Communications

Visiting www.mothersdaymagazine.com or sending emails to Mother’s Day Magazine constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site satisfy any legal requirement that such communications be in writing.

4. Your Account

In order to use certain aspects of our Services, you may be required to register by providing certain information. You agree to provide truthful contact information for registration (“Registration Information”) in accordance with these Terms. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password (including, without limitation, financial obligations). You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Mother’s Day Magazine is not responsible for third party access to your account that results from theft or misappropriation of your account. Mother’s Day Magazine and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

5. Children Under Thirteen

Mother’s Day Magazine does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.mothersdaymagazine.com only with permission of a parent or guardian.

6. Links to Third Party Sites/Third Party Services

Mother’s Day Magazine may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Mother’s Day Magazine, and Mother’s Day Magazine is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Mother’s Day Magazine is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mother’s Day Magazine of the site or any association with its operators. Use of any third party site is subject to its terms of service and privacy policy. Certain services made available via www.mothersdaymagazine.com are delivered by third party sites and organizations. By using any product, service, or functionality originating from the www.mothersdaymagazine.com domain, you hereby acknowledge and consent that Mother’s Day Magazine may share such information and data with any third party with whom Mother’s Day Magazine has a contractual relationship to provide the requested product, service or functionality on behalf of www.mothersdaymagazine.com users and customers. You agree that all of our licensors, suppliers or other third parties:

• May not be parties to these Terms
• Are not obligated to provide any maintenance or support services with respect to Mother’s Day Magazine
• Are not responsible for addressing claims by you or any third party relating to our Services, including without limitation any product liability claims, claims under consumer protection laws, or claims under any other law, rule, or regulation
• Are not responsible for investigating, defending, settling, or discharging any claim that our Services or use thereof infringes on any third party intellectual property rights

7. No Unlawful or Prohibited Use/Intellectual Property

You are granted a personal, non-commercial, non-exclusive, non-transferable, revocable license to access and use www.mothersdaymagazine.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Mother’s Day Magazine that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Mother’s Day Magazine or its subsidiaries or affiliated companies and/or third party licensors and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Mother’s Day Magazine and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Mother’s Day Magazine or our licensors except as expressly authorized by these Terms.

Digital Millennium Copyright Act (“DMCA”)

Mother’s Day Magazine respects the intellectual property rights of others. Per the DMCA, Mother’s Day Magazine will respond expeditiously to claims of copyright infringement on the Site if submitted to Mother’s Day Magazine’s Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, Mother’s Day Magazine will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.

If you believe that your intellectual property rights have been violated by Mother’s Day Magazine or by a third party who has uploaded materials to our website, please provide the following information to the designated Copyright Agent listed below:

1. A description of the copyrighted work or other intellectual property that you claim has been infringed;

2. A description of where the material that you claim is infringing is located on the Site;

3. An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not Mother’s Day Magazine, can contact you;

4. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;

5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;

6. Your electronic or physical signature.

Mother’s Day Magazine may request additional information before removing any allegedly infringing material. In the event Mother’s Day Magazine removes the allegedly infringing materials, Mother’s Day Magazine will attempt to notify the person responsible for posting such materials that Mother’s Day Magazine removed or disabled access to the materials. Mother’s Day Magazine may also provide the responsible person with your email address so that the person may respond to your allegations.

Pursuant to 17 U.S.C. 512(c)., Mother’s Day Magazine’s designated Copyright Agent is:

Radhika Mellin

Contact email address: hello@mothersdaymagazine.com

8. Use of Communication Services

The Site may contain comment areas, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. Other conduct may be prohibited, per our discretion. Mother’s Day Magazine has no obligation to monitor the Communication Services. However, Mother’s Day Magazine reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Mother’s Day Magazine reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Mother’s Day Magazine reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Mother’s Day Magazine’s sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Mother’s Day Magazine does not control or endorse the content, messages or information found in any Communication Service and, therefore, Mother’s Day Magazine specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. The views of our employees and contributors do not necessarily reflect those of Mother’s Day Magazine. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

9. Materials Provided to www.mothersdaymagazine.com or Posted on Any Mother’s Day Magazine Web Page

Mother’s Day Magazine does not claim ownership of the materials you provide to www.mothersdaymagazine.com (including feedback and suggestions) or post, upload, input or submit to any Mother’s Day Magazine Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Mother’s Day Magazine, our affiliated companies and necessary sublicensees a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submission (in whole or part) in any form, media, or technology now known or later developed, and to publish your name in connection with your Submission, including for promotional and/or commercial purposes. No compensation will be paid with respect to the use of your Submission, as provided herein. Mother’s Day Magazine is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Mother’s Day Magazine’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. You agree to pay all royalties, fees and any other monies owed to any person because of the Submission posted by you. You retain sole authorship responsibility for any Submission you post, upload or embed in Mother’s Day Magazine regardless of whether Mother’s Day Magazine modifies your Submission (including if we anonymize such content).

10. International Users

The Service is controlled, operated and administered by Mother’s Day Magazine from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Mother’s Day Magazine Content accessed through www.mothersdaymagazine.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

11. Article Disclaimer

The Service may contain articles, blogs, or other postings (each an “Article”) regarding wellness, healthcare, wellbeing, parenting and other topics. Articles are for informational and self-help purposes only. They should not be treated as a substitute for psychological, behavioral health, medical, financial, relationship or career advice, or as a substitute for consultation with a qualified professional. Nothing in any Article is intended as a recommendation or endorsement of any products, services, healthcare provider, opinions or other information that may be mentioned in our Services. Email correspondence with any author of an Article (even if the author is a healthcare provider), will not, in and of itself, create a provider/patient relationship or cause such author to create or retain any medical records about you or monitor your care. To the maximum extent permitted by law, neither Mother’s Day Magazine nor any authors of any Articles found on our Services shall have any liability to you for any loss, damage or injury of any kind which you may claim to have incurred as a result of your reliance on any Article content.

12. Disclaimers; No Warranties

THE SERVICES AND ANY CONTENT, MEDIA, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE WITH OR THROUGH THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MOTHER’S DAY MAGAZINE AND ITS AFFILIATES, CONTENT AUTHORS, LICENSORS, CONTRACTORS, EMPLOYEES, AGENTS, PARTNERS AND SUPPLIERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MOTHER’S DAY MAGAZINE AND ITS AFFILIATES, CONTENT AUTHORS, LICENSORS, CONTRACTORS, EMPLOYEES, AGENTS, PARTNERS AND SUPPLIERS DO NOT WARRANT THAT THE CONTENT, FEATURES OR FUNCTIONALITY CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOTHER’S DAY MAGAZINE AND ITS AFFILIATES, CONTENT AUTHORS, LICENSORS, CONTRACTORS, EMPLOYEES, AGENTS, PARTNERS AND SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR ANY CONTENT AVAILABLE ON THE SERVICES IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, USEFULNESS OR OTHERWISE. YOU (AND NOT MOTHER’S DAY MAGAZINE NOR ITS SUPPLIERS AND PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, OR OTHERWISE OBTAIN MEDIA, MATERIAL OR OTHER DATA THROUGH THE USE OF THE SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL OR DATA. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

13. Indemnification; Hold Harmless

You agree to indemnify and hold Mother’s Day Magazine, and its affiliates, suppliers and partners, harmless from any claims, losses, damages, liabilities, including attorneys’ fees, arising out of your use or misuse of our Services, violation of these Terms, violation of the rights of any other person or entity, or any breach of the representations, warranties and covenants in these Terms. Mother’s Day Magazine reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

14. Limitation of Liability and Damages

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MOTHER’S DAY MAGAZINE OR ITS AFFILIATES, CONTENT AUTHORS, LICENSORS, CONTRACTORS, EMPLOYEES, AGENTS OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE MOTHER’S DAY MAGAZINE MATERIALS ON THE SERVICES, THE SERVICES THEMSELVES, OR ANY OTHER INTERACTIONS WITH MOTHER’S DAY MAGAZINE, EVEN IF MOTHER’S DAY MAGAZINE OR A MOTHER’S DAY MAGAZINE-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, MOTHER’S DAY MAGAZINE’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL MOTHER’S DAY MAGAZINE OR ITS AFFILIATES, CONTENT AUTHORS, LICENSORS, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES (WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE) EXCEED FIVE U.S. DOLLARS ($5).THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN MOTHER’S DAY MAGAZINE AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE SERVICES.

15. Agreement to Arbitrate; Waiver of Class Action; Small Claims Court

Except if you opt-out or for disputes relating to your or our intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents), you agree that all disputes between you and Mother’s Day Magazine (whether or not such dispute involves a third party) arising out of or relating to these Terms, our Services, and/or our Privacy Policy shall be resolved by arbitration before a single arbitrator (in English) in Contra Costa County, California under the Commercial Arbitration Rules of the American Arbitration Association (AAA), and you and Mother’s Day Magazine hereby expressly waive trial by jury. You and Mother’s Day Magazine shall appoint as sole arbitrator a person mutually agreed to by you and Mother’s Day Magazine. If you and Mother’s Day Magazine cannot agree within thirty (30) days of either party’s request for arbitration, the AAA will select a single arbitrator at the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Under no circumstances shall the arbitrator be authorized to award damages, remedies or awards that conflict with these Terms. Any claims brought by you or Mother’s Day Magazine must be brought in that party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Neither you nor Mother’s Day Magazine shall participate in a class action or class-wide arbitration for any claims covered by these Terms. You hereby waive any and all rights to bring any claims related to these Terms and/or our Privacy Policy as a plaintiff or class member in any purported class or representative proceeding. You may bring claims only on your own behalf. You may opt out of this Agreement To Arbitrate. If you do so, neither you nor Mother’s Day Magazine can require the other to participate in an arbitration proceeding. To opt out, you must notify Mother’s Day Magazine in writing within thirty (30) days of the date that you first became subject to this arbitration provision. The opt-out notice must state that you do not agree to the Agreement To Arbitrate and must include your name, address, phone number, e-mail address, and a clear statement that you want to opt out of this Agreement To Arbitrate. You must send this opt-out notice to hello@mothersdaymagazine.com with “Arbitration Opt-Out” in the subject line. Notwithstanding any provision in these Terms to the contrary, you and Mother’s Day Magazine agree that if Mother’s Day Magazine makes any change to the Arbitration Procedures (other than a change to any notice address or site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against Mother’s Day Magazine prior to the effective date of the change. Moreover, if Mother’s Day Magazine seeks to terminate the Arbitration Procedures from these Terms, such termination shall not be effective until thirty (30) days after the version of these Terms not containing the Arbitration Procedures is posted to our Site and shall not be effective as to any claim that was filed in a legal proceeding against Mother’s Day Magazine prior to the effective date of removal. In accordance with Section 17 (Survival), this Arbitration Section will survive the termination of your relationship with Mother’s Day Magazine.

Small Claims Court. Notwithstanding anything herein to the contrary, each party retains the right to pursue in Small Claims Court any dispute within that court’s jurisdiction. Further, this arbitration provision shall apply only to disputes in which either party seeks to recover an amount of money (excluding attorneys’ fees and costs) that exceeds the jurisdictional limit of the Small Claims Court.

16. Violations; Termination

You agree that Mother’s Day Magazine, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with us or your use of our Services, at any time. Mother’s Day Magazine may also, in its sole discretion and at any time, discontinue providing access to our Services, or any part thereof, with or without notice. You agree that any termination of your access to our Services or any account you may have or portion thereof may be implemented without prior notice. You also agree that Mother’s Day Magazine shall not be liable to you or any third party for any such termination. Mother’s Day Magazine does not permit copyright infringement. As such, we reserve the right to terminate access to our Services, and remove all content submitted by any repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of our Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Mother’s Day Magazine may have at law or in equity. You may terminate this agreement at any time by ceasing to access our Services.

17. Survival

In the event of any termination or expiration of these Terms, accrued obligations and the following Sections survive: 1, 2, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19

18. Miscellaneous

• Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
• Jurisdiction. Subject to Section 15 (Agreement to Arbitrate; Waiver of Class Action; Small Claims Court), you agree that any action at law or in equity arising out of or relating to these Terms or our Services shall be filed only in the state or federal courts in and for Contra Costa County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
• Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
• Severability. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
• Assignment. These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mother’s Day Magazine without restriction.
• Entire Agreement. This is the entire agreement between you and Mother’s Day Magazine relating to the subject matter herein and shall not be modified except in writing, signed by both parties or by a change to these Terms or Guidelines made by Mother’s Day Magazine as set forth above.

19. Claims

YOU AND MOTHER’S DAY MAGAZINE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

20. Contact Us

Mother’s Day Magazine welcomes your questions or comments regarding the Terms by e-mail at:  hello@mothersdaymagazine.com Effective as of January 01, 2019

PRIVACY POLICY

Effective as of January 01, 2019. (Updated June 4, 2020)

Protecting your private information is our priority. This Privacy Policy is part of our Terms and Conditions and governs data collection and use. For the purposes of this Privacy Policy, unless otherwise noted, all references to Mother’s Day Magazine include www.mothersdaymagazine.com. By using the Mother’s Day Magazine website, you consent to the data practices described in this statement. This Policy applies to all information collected by or provided to us on and after the Effective Date.

Collection of your Personal Information  You may be required to provide certain personal information (such as your first and last name, mailing address and email address) to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. To that end, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future. Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Mother’s Day Magazine’s message boards, comment areas or other public areas, this information may be collected and used by others.

Social Networking Information You may share content created on our Services through social networking sites, such as Facebook (“Social Services”). If you share information on the Social Services, the Social Service may provide us with access to certain information that you have provided to that Social Service (such as your profile picture, interests, and connections), and we will use, store, and disclose such information in accordance with this Policy. Please remember that the manner in which Social Services use, store and disclose your information is governed by the terms and conditions and privacy policies of each Social Service and not Mother’s Day Magazine. You understand that information might be re-shared or copied by other users of the Services or the Social Service.

Children Under Thirteen Mother’s Day Magazine does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.

Use of Your Personal Information Mother’s Day Magazine collects and uses your personal information to operate its website(s) and deliver the services you have requested. Mother’s Day Magazine may also use your personally identifiable information to inform you of other products or services available from Mother’s Day Magazine and its affiliates. You agree that:

• Mother’s Day Magazine may contact you via email about our Services or your use of our Services, including the following content: announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from Mother’s Day Magazine or click on a link therein. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you would like to stop receiving marketing or promotional communications via email from Mother’s Day Magazine, you may opt out of such communications by clicking on the UNSUBSCRIBE button or send an email to us with the subject line “Unsubscribe Me.”
• We may use information you submit for the purposes for which you provided the information, such as to post comments and create and maintain an account for you.
• We may use information you submit and information we collect to provide the features and functionality of our Services to you.
• We may use information you submit and information we collect (including via third party mechanisms) to customize the content (including advertising) that you and others see based on personal characteristics or preferences. This includes, without limitation, the information you submit when registering for an account, information we collect when you use our Services, information related to content you submit to Mother’s Day Magazine, and other information we may collect pursuant to our Terms and Conditions or this Policy. We may analyze collected information relating to your use of our Services in order to help us improve our Services and develop and improve other products and services.
• We may use User Content for any purpose permissible under the Terms and Conditions or under this Policy.
• We may use submitted information and collected information to help troubleshoot problems, provide you with required notices, enforce our Terms and Conditions, or to alert you to changes in our policies or agreements that may affect your use of the Services.
• Your name, login, and photo may be disclosed to other users as part of your profile.
• If we collect payment information from you as part of the Services, we may disclose that information and your personal information to outside payment processing companies for billing or processing payments.
• Mother’s Day Magazine does not sell, rent or lease its customer lists to third parties.

Mother’s Day Magazine may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. Mother’s Day Magazine may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Mother’s Day Magazine, and they are required to maintain the confidentiality of your information. This Policy does not apply to information that you may provide to or that may be collected by third parties.

• We may provide advertisers and other third parties with aggregated, non-identifiable information about our user base and its usage patterns.
• We may use contractors and third party service providers to provide the Services to our users. When our contractors or service provider obtain access to your information, they are required to protect this information in a manner that is consistent with this Policy.
• We may partner with certain third parties to collect non-personal information and to engage in analysis, auditing, research, and reporting.
• Our Services use certain third party plugins to automatically collect information about you which is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Mother’s Day Magazine website. Even if you do not click on these plug-ins, they may collect information about you. This information can include: your IP address, browser type, domain names, access times, the pages that you view, and referring website addresses. These plugins are governed by the privacy policy of the company providing them. These plugins also may set and/or access a “cookie” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Mother’s Day Magazine pages, or register with Mother’s Day Magazine site or services, a cookie helps Mother’s Day Magazine to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Mother’s Day Magazine website, the information you previously provided can be retrieved, so you can easily use the Mother’s Day Magazine features that you customized. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Mother’s Day Magazine services or websites you visit.
• Google Analytics Mother’s Day Magazine uses Google Analytics to assess the use of our website. Google Analytics analyzes visitors’ use of the website (access, traffic, routing, etc.) using cookies. For more information, please read:
  • How Google Uses Information from Sites or Apps That Use Their Services
  • Google Analytics Terms of Service
  • Google Privacy Policy
  • Specific Information about Google Analytics 
• Mother’s Day Magazine may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Mother’s Day Magazine or the site; (b) protect and defend the rights or property of Mother’s Day Magazine, our users, and third parties; and/or (c) act under exigent circumstances to protect the personal safety of users of Mother’s Day Magazine, or the public.

Links This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

Security of your Personal Information Mother’s Day Magazine secures your personal information from unauthorized access, use, or disclosure through the use of encryption via Secure Sockets Layer (SSL) Protocol. We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.

External Data Storage Sites We may store your data on servers provided by third party hosting vendors with whom we have contracted.

Transfer As Corporate Asset In the event of a merger, sale of capital stock or assets, reorganization, consolidation or similar transaction involving Mother’s Day Magazine, the information we possess (including personally identifiable information) shall be transferred as a corporate asset to the acquiring entity, provided that such entity will continue to handle such information in accordance with this Policy.

Transfer to the U.S. or other Countries Mother’s Day Magazine is established in and uses facilities in the United States. Your information will be stored and processed in the United States or in other countries where Mother’s Day Magazine has facilities. By using our Services, you consent to the transfer of information outside of your country, even if your country has more rigorous data protection standards.

Changes to this Statement Mother’s Day Magazine reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, and/or by updating any privacy information on this page. Your continued use of the Site and/or Services available through this Site after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.

Contact Information If you have questions about this Privacy Policy, please contact Mother’s Day Magazine by email at: hello@mothersdaymagazine.com.