Updated: January 2008

The following Terms and Conditions outline your obligations when using the NavyForMoms.com website.

This website ("Site") is sponsored by the United States Navy (“NAVY”) and produced and maintained by Campbell-Ewald Company (collectively "we," "us," "our" “NavyForMoms”) through Ning.com (“Ning”). By using this Site, you agree to be bound by each of the terms and conditions set forth below and any amendments thereto ("Terms and Conditions"). Please return to this Site and review these Terms and Conditions from time to time, as they may be amended without notice. Any changes to these Terms and Conditions will be effective immediately upon the posting of the revised Terms and Conditions on this Site.

Description & Definitions

We offer a NavyForMoms Platform for creating your Navy Moms Network (“NavyForMoms Platform”). Our lawyers want us to define some other terms as well, so here it goes:

Social Networks or Networks

are comprised of Code and Content. Networks are created by Users or by us and provided, through the use of the NavyForMoms Platform, for Users to connect with other Users online. Social Networks include features such as User profiles, friends, comments, recommendations, forums, photo sharing, video sharing, reviews, ratings, people matching, and events, among others.

Users

are people who register on NavyForMoms to create, find, visit, use, and contribute to one or more Networks, which can include posting Content or responding to Content.

Network Creators

are Users who have created a Network on the NavyForMoms Platform.

Code

is the source code (e.g., HTML or PHP code) used to provide the functionality behind Social Networks on the NavyForMoms Platform. Code may be contributed by us, developed by a User, provided by another User, or any combination of the three. Public Code is Code that all Users may copy, modify, and use in other Networks. Private Code is Code for a Network that Users (other than the Network Creator of that Network) are not allowed to view, copy, or modify; the applicable Network Creator may, through a premium service, designate the Network's Code as Private Code.

Content

means any work of authorship (other than the Code and the user interface of a Social Network), including User profiles, comments, recommendations, forums, photos, videos, sounds, images, text, files, listings, postings, messages, or other materials posted on or transmitted through the NavyForMoms Platform or through any Network. Users upload Content to Social Networks. Social Networks, in turn, control Content. If we designate the Network as private, any Content submitted to that Network will be deemed to be Private Content. Private Content is licensed for use only within the Network into which it is posted. Public Content is available in the Network in which it is posted, other Networks, as well as the bar, which we'll get to in a moment.

Tags

are descriptions (words or phrases) you can assign to Content. You can assign as many Tags to Content as you like. You can also add, edit, and delete Tags that you've assigned.

Ningbar

is the space reserved by Ning in all Social Networks to provide services to Users of Networks on the their Platform. When closed, it occupies the top 30 pixels of every page. When the Ningbar is open, it will offer the NavyForMoms Platform Services for Users, including User registration, a message center, friends and contacts (including the ability to import contacts from third party email services), and a listing of the Networks you are using across the NavyForMoms Platform.

NavyForMoms Platform Services

include, but aren't limited to: single sign-on (via a “Ning ID”) for all Social Networks on any Platform; managing lists of friends and contacts; messaging between Users; importing of contacts who are not Users of Ning; navigation; and search. As a Network Creator, we also offer: User registration; User account management; Secure PHP Sandbox for development; Network management and security; Internal and external APIs; Javascript-compatible markup API, URL command line API for auto-generation of pages; Semi-structured Content Store; Network display, management, and search.

Proprietary Rights

All materials on this Site, including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, software, clips and other elements making up this Site (collectively, "Content") are protected by copyrights, trademarks and other intellectual property rights owned and controlled by us or by other parties that have licensed or otherwise provided their material to us. You acknowledge and agree that all Content on this Site is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Site, no Content may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without our prior express written permission.

To request permission from us, please contact: mpardi@campbell-ewald.com. Our granting of your request shall be at our sole discretion and may be conditioned on the payment of a fee, and the requirement that you secure certain third party permissions and enter into an agreement with respect to your proposed use. You may not add, delete, distort, or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or to utilize this Site or any part of the Content for any purpose other than its intended purposes is strictly prohibited. Any NAVY marks appearing on this website including, but not limited to: NAVY and the NAVY Logo, are trademarks and/or service marks of the United States Navy.

Code and Content

You agree to comply with the license and restrictions applicable to each item of Content you post, copy, access, or use.

You agree that all the intellectual property in the NavyForMoms Platform, other than the Content you provide, are owned by CE and/or NAVY or the applicable User(s). Except as expressly permitted under these Terms, you agree not to:

1. Modify, distribute, or create derivative works based on the NavyForMoms Platform.
2. Run, rent, lease, loan, or sell access to the NavyForMoms Platform.
3. Decompile, reverse engineer, or copy the NavyForMoms Platform or any Network for which the source code is not provided to you or Code that is marked as Private Code; and
4. Reproduce or distribute any Private Content or Private Code outside the applicable Network.

Trademarks

Ning, the host Platform and other related graphics, our logo and sub-logos, Ning marks, and trade names used on the Ning Platform are the trademarks of Ning and may not be used without permission. Other trademarks, NavyForMoms marks, NAVY marks and trade names that may appear on NavyForMoms are the property of their respective owners.

Accounts, Passwords, and Security

You must be a registered User to create Networks on the NavyForMoms Platform. Networks and their Network Creators, in turn, determine whether Users need to be registered with NavyForMoms to contribute Content in that Network. As a User, you are responsible for keeping your password secure. Names of Social Networks and Ning IDs are non-transferable. You will be solely responsible and liable for any activity that occurs under your Ning ID.

Acceptable Use and Conduct

You agree that you are responsible for your own submissions and that if you submit any notes, postings, ideas, suggestions, concepts, stories, videos, recordings, photos or other material (collectively, “Submitted Material”) through this Site via any means, you hereby grant to NAVY, CE and their designee a perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use the Submitted Material in any and all media now or hereafter known throughout the universe without restrictions of any kind or any approvals or consents required from you or any third party. You will not have any claim against us with respect to such use of the Submitted Material, and to the extent, a claim is made against us or any our licensees by any third party with respect to the Submitted Material, you agree to indemnify and hold NAVY, CE, and their respective affiliated companies, directors, employees, agents, licensees, contractors harmless with respect to any such claims, including, without limitation, attorneys’ costs and expenses incurred in connection therewith.

You also agree not to post, email, or otherwise make available anything that:

• Is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or harms minors in any way
• Harasses, degrades, intimidates or is hateful toward an individual or group of individuals
• Impersonates a CE, NAVY or Ning employee or User or falsely states or otherwise misrepresents your affiliation with a person or entity
• Includes personal or identifying information about another person without that person's explicit consent
• Is false, deceptive, misleading, deceitful, or constitutes “bait and switch”
• Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships
• Creates, sends, or enables anything that constitutes or contains “chain letters,” “pyramid schemes,” or any advertisement that you are prohibited by law from sending
• Constitutes or contains any form of advertising or solicitation if (1) posted in Content; or (2) emailed to Users who have requested not to be contacted about other services, products or commercial interests
• Advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law
• Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
• Disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the NavyForMoms Platform, or that otherwise negatively affects other Users' ability to use the NavyForMoms Platform
• Employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the NavyForMoms Platform

Additionally, you agree not to:

• “Stalk” or otherwise harass anyone
• Collect Personal Data about other Users for commercial or unlawful purposes
• Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from Social Networks and the NavyForMoms Platform - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved”
• Post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on CE's infrastructure
• Attempt to gain unauthorized access to Ning’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the NavyForMoms Platform
• Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the NavyForMoms Platform or any Network

Privacy and Spam

You agree to comply with all applicable laws with respect to

1. any collection, use, or disclosure of Personal Data (as that term is defined in the Ning Privacy Policy), and
2. email communications, including without limitation CAN-SPAM, applicable state laws, and applicable laws in non-U.S. jurisdictions.

You agree to comply with all relevant aspects of the Ning Privacy Policy. You agree not to collect or use Personal Data except as permitted by the Ning Privacy Policy. You agree not to use any Personal Data disclosed to you by Ning for any purpose other than using the NavyForMoms Platform or a Network in accordance with these Terms and the Privacy Policy. You agree not to harvest any email addresses from Networks or the NavyForMoms Platform for the purpose of sending email in violation of applicable law. You agree not to knowingly collect any information from, or develop any Networks that are targeted at, children under the age of 13.

Copyright Infringement by Users

We will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of anyone uploading, downloading, or posting materials, or otherwise using this Site in violation of any applicable federal, state, or local laws.

We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will terminate access for subscribers and account holders who are repeat infringers.

We respect the intellectual property of others, if you believe that your work has been copied in any way without your permission, please provide the following information to our Agent to Receive Notification of Claimed Copyright Infringement identified below. Your notice must contain the following:

• An electronic or physical signature of the person authorized to act on behalf of the copyright owner whose work you claim has been infringed;
• Description of the work you claim has been infringed;
• Identification of the work you claim infringes the copyrighted work and a description of where it is located on this Site;
• Your address, telephone number and e-mail address;
• A statement by you that you have a good faith belief that the infringing use is not authorized by the copyright owner, the copyright owner’s agent or by law; and
• A statement by you, 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.

Our Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows:

E-Mail

info@CE.com

Postal

CE
735 Emerson Street
Palo Alto, CA 94301

Your Account

Term

These Terms and Conditions commence upon your acceptance of these Terms and continues until terminated. These Terms will automatically terminate if Ning or NavyForMom decides, in their sole discretion, to discontinue the NavyForMoms Platform.

Deactivating Your Account

You may deactivate your Ning account at any time, for any reason, by following the instructions on Ning.

Ning and/or NavyForMoms has the right (at its sole discretion) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the NavyForMoms Platform or any Network, or remove and discard any Code or Content within any Network, without notice and for any reason.

Effects of Deactivating An Account

Upon deactivating your account, these Terms terminate and your access rights to the NavyForMoms Platform will immediately cease to exist. The Code for the Network(s) associated with your account will be deactivated. For Content you wish to delete from the CE NavyForMoms Platform, you can delete it by going to each of the Social Networks to which you've contributed. We are not responsible for deleting Content on your behalf. Note that, even if Code or Content is deleted from Ning's active servers, it may remain in archives.

Survival

The provisions under the following headings will survive termination of these Terms for any reason: Content and Interaction, Acceptable Use and Conduct, Privacy and Spam, Disclaimer of Warranties, Indemnity, and Limitation of Liability.

Changes to Ning and the NavyForMoms Platform

Ning reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the NavyForMoms Platform or any part thereof with or without notice. Ning, CE and NAVY will not be liable to you or to any third party for any modification, suspension or discontinuance of the NavyForMoms Platform.

Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE CONTENT, OR ANY ADVERTISING, PRODUCTS OR MATERIALS OR THEIR AVAILABILITY AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGE OF ANY KIND CAUSED DIRECTLY OR INDIRECTLY BY OR IN CONNECTION WITH THE CONTENT OR THE USE OF THIS WEBSITE OR SUCH CONTENT, PRODUCTS, GOODS OR SERVICES.

Indemnity

You agree to defend, indemnify and hold NAVY, CE, and their respective subsidiaries, partners, agents, affiliates, licensors, sponsors and advertisers and their respective officers, directors, shareholders, agents and representatives harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising from your breach of any warranties, representations and agreements set forth in these Terms and Conditions, including, without limitation, your unauthorized use of any Content.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE, OR OUR SUBSIDIARIES, PARTNERS, VENDORS, AGENTS, AFFILIATES, LICENSORS, SPONSORS AND ADVERTISERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS OR DATA ARISING FROM (I) YOUR USE OF OR INABILITY TO USE THIS SITE, OR (II) CONTENT, PRODUCTS, AND/OR SERVICES INCLUDED ON OR AVAILABLE THROUGH THE SITE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. THEREFORE, THE ABOVE DISCLAIMER OF WARRANTIES AND/OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU IN ITS ENTIRETY.

Updates to Terms and Conditions

These Terms may be updated or changed by us from time to time upon NavyForMom's posting of the amended Terms on this page. If you do not agree to changes to the Terms, you must notify Ning to terminate your account.

General

The failure of NavyForMoms to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. Your NavyForMoms account is non-transferable. You may not delegate your duties under these Terms or assign these Terms, in whole or in part.

Any dispute between the parties arising out of these Terms shall be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Francisco, CA. You hereby waive any right to a jury trial of any such dispute.

These Terms shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

These Terms, which incorporate the Ning Privacy Policy and the NavyForMom Policies, constitutes the entire agreement between you and NavyForMom and governs your use of the NavyForMoms Platform, superseding any prior agreements (whether written or oral) between you and NavyForMoms regarding the subject matter hereof.

Contacting Ning

Users with questions about the Ning Privacy Policy and any of the aforementioned statements may contact Ning the following ways:

E-Mail

info@Ning.com

Postal

Ning
735 Emerson Street
Palo Alto, CA 94301

Feedback

We welcome your feedback on this document.