Conditions of Use

PLEASE READ THE FOLLOWING CONDITIONS OF USE CAREFULLY BEFORE USING SHARESAVVY.CA (the “Site”). IF YOU DO NOT AGREE WITH THESE CONDITIONS OF USE, PLEASE DO NOT USE THIS SITE. ANY FAILURE ON YOUR PART TO COMPLY WITH THESE CONDITIONS OF USE MAY LEAD TO THE CANCELLATION OF YOUR ACCOUNT REGISTRATION AND THE RELATED PRIVILEGES.

1. ACCEPTANCE OF CONDITIONS OF USE

   1. By using the Site, you acknowledge having read and understood these Conditions of Use and, accordingly, you agree to abide by them, as well as any future modifications that may be made. These Conditions of Use represent an agreement between you and SavvyMom Media Inc. (“SavvyMom”).

   2. These Conditions of Use may be subject to change, addition or deletion at any time. Any such change will be posted on this page. Also, if we make major changes in our current Conditions of Use, they will be posted at least thirty (30) days prior to their coming into force. Please refer to these Conditions of Use regularly in case any changes are made to them.

   3. If you do not agree to be bound by these Conditions of Use, you should not use this Site. If you consider any future amendments made to these Conditions of Use to be unacceptable, you can stop using this Site at any time.

2. PREMISES

   The Site operates from its offices in Toronto, Ontario, Canada. We do not represent or warrant that all items on this Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.

3. PERSONAL USE

   All of the items contained on the Site are offered for your personal and non-commercial use. It is prohibited to use the items contained on this Site or to post items on this Site for commercial or advertising purposes without the prior written consent of SavvyMom.

4. REGISTRATION

   To post items on this Site, all users must register, at no cost, by visiting ShareSavvy.ca/session. By registering to use the Site you agree to provide, maintain and update true and accurate information. Failure to do so may result in SavvyMom suspending or terminating your account. SavvyMom is not responsible for any unauthorized use of your username, password or other account information or of any breach of security involving the Site.

5. CONTENT

   1. You acknowledge that all postings, messages, text, files, images, photos, videos, sounds or other materials (the “Content”) posted or transmitted through the Site are the sole responsibility of the person from whom such Content originated. In addition, you are responsible for all of the Content that you post or otherwise make available via the Site. You represent and warrant that you have the right to transmit any Content you post to or through the Site and that all Content you transmit to or through the Site is truthful, accurate, not misleading and does not violate any laws.

   2. You acknowledge that SavvyMom does not control and is not responsible for Content made available through the Site and that by using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading or otherwise objectionable. SavvyMom reserves the right, but is not obliged, to monitor, remove, edit or refuse to post any Content at any time in its sole and absolute discretion, without prior notice. You agree that SavvyMom shall not have any liability whatsoever to you for any Content or for any loss of damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available through the Site.

   3. Notwithstanding the above, you can assist SavvyMom in ensuring the Content on the Site is appropriate by notifying us of any offensive, indecent, inaccurate, misleading or otherwise objectionable or inappropriate Content or conduct by clicking on the "Report Questionable Content” link located on pages throughout the Site. Where confidential complaints are made through this Site reporting tool, SavvyMom will use best efforts to remove the offending Content or conduct and to warn or, as appropriate, to bar from the Site those transmitting such Content or engaging in such conduct. SavvyMom will acknowledge receipt of your complaint and will report back to you to inform you of the steps SavvyMom has taken to address the complaint.

6. LINKS

   This Site may contain hyperlinks to internet sites managed by third parties. These links are provided for convenience only. By activating these links, you may have to leave the Site. SavvyMom has no control over internet sites owned by third parties. These sites are managed entirely by third parties and SavvyMom makes no representation or warranty regarding, and does not endorse, any linked websites, the information appearing thereon or any of the products or services described thereon, or the linked-party sources (including any viruses accessed through them), the quality of the products offered, the security of performing transactions on the sites in question or the privacy policies of those sites. Links do not imply that SavvyMom or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trade-mark, trade name, logo or copyright symbol displayed in or accessible through the links or that any linked site is authorized to use any trade-mark, trade name, logo or copyright symbol of SavvyMom or its affiliates. SavvyMom cannot be held liable for possible damages arising from the use of such third-party sites. All complaints about third-party sites should be addressed to the administrators of those sites.

7. INTELLECTUAL PROPERTY

   1. Subject to the terms and conditions set forth in these Conditions of Use, SavvyMom grants you a non-exclusive, non-transferable, limited right to access, use and display the Content, the Site and the contents and the visible text, graphics or images thereon (collectively the “Materials”), and to view and download the Materials, only in connection your personal and non-commercial use of the Site. This authorization is not a transfer of title in the Materials or to copies of the Materials and is subject to the following restrictions: a) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; b) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; c) you may not transfer the Materials to any other person without prior written consent; d) you may not print or copy any of the HTML or other computer programs that are viewable at the Site. This Site, including all Materials, is protected by Canadian and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, SavvyMom does not grant any express or implied right or license to you under any intellectual property right, including under any patent, trade-mark, copyright, trade secret, or confidential information of SavvyMom or any of its affiliates.

   2. The trade-marks, logos and company names of SavvyMom or any of its affiliates used on this Site may not be copied, imitated or used, in whole or in part, without the prior written consent of SavvyMom or any such affiliate. Other products, services, logos and company names mentioned on this Site may be the trade-marks of their respective owners.

   3. Subject to the rights expressly granted to you under these Conditions of Use, you may not copy, reproduce, modify, publish, display, perform, distribute or participate in the transfer or sale of, or create derivative works from, translate, download, grant under license, or in any other way exploit any item obtained from or available as part of this Site (including any software), in whole or in part.

   4. By posting Content to or through the Site, you grant and you represent and warrant that you have the right to grant, SavvyMom an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit, distribute and create derivative works of the Content and to grant and authorize sublicenses of the foregoing. You further agree that SavvyMom has the right to use, without any payment or accounting to you or to others, any concepts, know-how or ideas that you transmit to or through the Site or to us via email.

   5. You must not transmit any Content to or through the Site or to SavvyMom via email that you consider to be confidential or proprietary. Any Content that you transmit to or though the Site or to us through email will be considered non-confidential and non-proprietary.

8. LIMITATIONS ON THE SITE

   You acknowledge that SavvyMom may establish limits regarding use the Site, including the maximum number of days that Content will be posted on the Site, the maximum number and size of postings, email messages or other Content that may be transmitted or stored by the Site, and the frequency with which you may access the Site. You further acknowledge that SavvyMom may remove, delete or modify any Content on the Site and that SavvyMom is not responsible or liable to you or any third party for any such removal, deletion or modification, nor is SavvyMom liable for any failure to store any Content maintained or transmitted through the Site. SavvyMom may modify or discontinue your account and/or the Site without notice. SavvyMom will not be liable for any modification, suspension or interruption of your account and/or the Site.

9. REPRESENTATIONS AND WARRANTIES

   1. The Materials and the information accessible through this Site are provided “as is” without any representation or warranty, express or implied, of any kind. SavvyMom does not warrant that this Site will operate without interruptions or that it will be error free. SavvyMom and its affiliates hereby disclaim all warranties and conditions with regard thereto, including, but not limited to, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise at law, or from a course of dealing or use of trade.

   2. The Materials and information accessible through this Site may contain inaccuracies and typographical errors. SavvyMom and its affiliates make no representations or warranties about the accuracy or completeness of the Materials or information accessible through this Site, or the reliability of any advice, opinion, statement or other information displayed or distributed through this Site. You acknowledge that any reliance on any of the foregoing and your use of the Site shall be at your sole risk. SavvyMom reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site. SavvyMom may make any other changes to this Site, the Materials and the services, products described on this Site (if any) at any time without notice.

10. LIMITATION OF LIABILITY

    IN NO EVENT SHALL SAVVYMOM OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, RELIANCE, SPECIAL OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOU INFORMATION HANDLING SYSTEM) RELATED TO THE USE OF, OR THE INABILITY TO USE THIS SITE, ITS CONTENTS OR MATERIAL AVAILABLE FROM THIS SITE, OR ANY INFORMATION, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE, OR FUNCTIONS OF THIS SITE OR ANY LINKED SITE, WHETHER OR NOT SAVVYMOM OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE AND THE CONTENT THEREON, OR THE CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

11. INDEMNITY

    By using the Site, you agree to indemnify SavvyMom, its officers, agents, partners and employees from any and all claims or damages, including reasonable lawyer’s fees, made by third parties due to, or arising out of the Content you submit, post or make available through the Site, the use of the Site or connection to the Site, violation of the Conditions of Use, or any violation of the rights of another.

12. POSTING AGENTS

    You may not use a third party agent, service or intermediary to post content on the Site on your behalf or on behalf of others (a “Posting Agent”) without express permission or license from SavvyMom. Postings Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Site to facilitate posting Content on behalf of others, except with the express permission or license from SavvyMom.

13. MINORS

    If you are under the age of 18, you may only use this Site in conjunction with and under the supervision of your parents or guardians.

14. PROMOTIONS

    From time to time, SavvyMom may offer, either on or through the Site, contests, promotions or games (“Promotions”). You agree to release SavvyMom and its agents, advertisers, sponsors and/or promotional partners, from all liability arising from participation in any Promotion located on, or accessed through the Site or through the e-mail newsletter. You agree to be bound by the rules of any Promotion. If you violate any such rules or guidelines for behaviour posted on the Site, you will be subject to immediate disqualification and will become ineligible to be awarded any prizes. SavvyMom reserves the right to cancel, terminate or alter any Promotion or the rules thereof at any time without prior notification.

15. PRIVACY

    For information regarding SavvyMom’s policies and practices relating to the collection, use and storage of personal information please read our Privacy Policy at http://www.savvymom.ca/index.php/about_us/fine_print/our_privacy_promise.

16. ASSIGNMENT

    SavvyMom may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations under these Conditions of Use without the prior written consent of SavvyMom, and any such attempted assignment will be void and unenforceable.

17. GOVERNING LAW

    The laws of the province of Ontario and the laws of Canada shall govern these Conditions of Use as well as any use of the Site.

18. ENTIRE AGREEMENT

    These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and SavvyMom regarding your use of the Site, and supercede all prior or contemporaneous communications whether electronic, oral or written between you and SavvyMom regarding your use of the Site.

19. HOW TO CONTACT US ABOUT THIS POLICY

    If you have any questions regarding these Conditions of Use, you can reach us at the following address:

    SavvyMom Media Inc.
    1543 Bayview Avenue
    Suite 528
    Toronto, Ontario
    Canada
    M4G 3B5
    privacy@savvymom.ca

Last Updated May 9, 2008.

Subscribe to Savvymom