Website User Agreement
Last Revised February 21, 2012
Welcome to kiwimagonline.com, kiwishoponline.com, greenmomsmeet.com, and myhealthyschool.com (“Websites”). These Websites are owned and operated by May Media Group LLC (collectively, “MMG”, “we”, “us” or “our”).
These Terms and Conditions constitute a legal and binding agreement between you and MMG governing your use of these Websites. By using these Websites, you agree to be bound to the following Terms and Conditions of use. Please read them carefully before using these Websites. These Terms and Conditions may be modified from time to time, and the date of the most recent revision will appear at on this page. Your continued use of these Websites constitutes your agreement to be bound by the Terms and Conditions in effect at the time of such use.
We reserve complete and sole discretion with respect to the operation of these Websites and the services and products offered on them. We reserve the right to change pricing, terms, specifications and warranties without notice. We also reserve the right to withdraw, suspend or discontinue any functionality or feature of any Website at any time.
WEBSITE CONTENT AND PRODUCT DESCRIPTIONS
While we use reasonable efforts to include accurate and up to date information on these Websites, errors or omissions sometimes occur. We reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.
MMG will not accept returns of third party products purchased on these Websites. If you are dissatisfied with a product purchased on these Websites, please refer to the manufacturer’s return policy. We apologize for any inconvenience.
USE OF WEBSITE
Your right to use these Websites is personal to you, and you are responsible for all use of these Websites by you and by those you allow to use, or provide access to, these Websites. You agree to use these Websites only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
MMG owns or has the right to use all content, including but not limited to text, logos, graphics, designs, photographs, audio clips, and data compilation, it places on these Websites. You may not modify, create derivative works from, distribute, copy, perform, display, or otherwise exploit any such content, in whole or in part, except as permitted by law, or with the express prior written consent of MMG. However, you may print limited copies of content posted on these Websites solely for your personal and informational use. Except as expressly provided in these Terms and Conditions, all other rights are reserved.
You may not: (i) change or delete author attribution or indicia of intellectual property ownership; (ii) use our trademarks, or other trademarks appearing on these Websites, in whole or in part, in connection with any goods or services, or, as meta tags on any other website; or (iii) display these Websites, or any portion thereof, in other media.
You agree to provide to information that is truthful and accurate, and you will not use any obscene, indecent, or offensive language or place any material that is defamatory, abusive, harassing, threatening, hateful, obscene, invasive of another’s privacy rights, or otherwise objectionable or unlawful on these Websites. In addition, you may not place on these Websites any material that is encrypted, constitutes junk mail or unauthorized advertising, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that violates another’s proprietary rights, including copyright, trademark, trade secret and patent rights. You agree not to disrupt, modify or interfere with these Websites or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of these Websites.
Certain of these Websites welcome your comments and opinions, and from time to time, we may even ask you to share your stories with us. You acknowledge that by submitting content to these Websites, you automatically warrant that you own or have the right to use such content, and you grant MMG a worldwide, non-exclusive, royalty-free, irrevocable right and license to copy, display, distribute, perform, create derivative works from, publish, translate, modify, adapt or otherwise use such content, in whole or in part, in any medium now known or hereafter developed for the full term of any rights in such content. You acknowledge that anything you send to us will be considered “content,” including suggestions, opinions, creative ideas, stories, comments and other original written works, photographs, logos, designs, audio clips, music, and other submissions in any form now known or hereafter developed. You agree that, unless otherwise expressly set forth in a signed writing, MMG and its affiliates are under no obligation to compensate you in any way for your content submission, or to maintain its confidentiality, if any. You acknowledge that any submissions made by you shall become the property of MMG, and MMG is under no obligation to return any materials you send to us.
THIRD PARTY CONTENT
You acknowledge that any information or material placed online, including advice and opinions are the views and responsibility of those who post the statements or those who actually sell any merchandise, and do not necessarily represent the views of MMG. You acknowledge that MMG has not reviewed and does not necessarily endorse the content of all sites linked to from these Websites and is not responsible for the content or actions of any other sites linked to from it. You agree that MMG and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Terms and Conditions.
MODIFICATIONS TO CONTENT
MMG shall have the right, but not the obligation to review, modify, edit, move or delete any content provided for display or placed on these Websites, in its sole discretion, and without notice.
If you believe that your work has been copied in a way that constitutes copyright infringement, please notify our copyright agent and provide the following information (as required by U.S. Copyright law):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Maxine Wolf – Copyright Agent
c/o May Media Group LLC
152 Madison Avenue, Suite 700
New York, NY 10016
NOTE: Only copyright complaints should be sent to Copyright Agent. No other communications will be accepted or responded to. Contact information for other matters is located elsewhere on these Websites.
You agree to indemnify MMG and its officers, members, affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions; your unauthorized use of material obtained through these Websites; your breach of this Agreement; your violation of any laws or rights of a third party; or from such other damages arising or related to your use of these Websites.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOUR USE OF THESE WEBSITES IS AT YOUR OWN RISK. THE MATERIALS ON THESE WEBSITES ARE PROVIDED “AS IS”, AND MAY MMG, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO SERVICES AND GOODS SOLD ON OR THROUGH THESE WEBSITES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THESE WEBSITES. MMG, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THESE WEBSITES.
UNDER NO CIRCUMASTANCES SHALL MMG, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT MAY RESULT FROM THE USE OF, OR INABILITY TO USE, THESE WEBSITES , REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF MMG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
MMG’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, UNDER CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THESE WEBSITES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.
MMG may terminate your ability to access these Websites for any or no reason, without notice.
You agree that any and all disputes arising out of this Agreement, except for copyright claims, shall be governed and construed in accordance with the laws of the State of New York without regard for its conflict of law principles, and any action, including copyright claims, must be brought in a state or federal court in New York. Both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
MMG makes no representation that materials on these Websites are appropriate, available or legal in any particular location. Those who choose to use these Websites do so on their own initiative and are responsible for compliance with all applicable local laws.