Website and App Terms and Conditions of Use

INTRODUCTION

These terms of use apply to the use of the Motherdom website and app. They essentially say that you must behave appropriately and responsibly whilst using the Motherdom website and app. The Motherdom privacy policy sets out how we use data relating to you and it forms a part of these terms of use. Our privacy policy can be found on our website here https://motherdom.co.uk. These terms were last updated on 28 March 2019.

1. ABOUT THE WEBSITE AND THESE TERMS OF USE

1.1. www.motherdom.co.uk and any related apps (the “Service”) is owned and operated by Motherdom Limited. A company registered in England and Wales under Company Number 03556882 with its registered office at 27 Mortimer Street, London, W1T 3BL (“Motherdom”, “we”, “us” or “our”).

1.2. These terms of use apply to all use of the Service and form a legal agreement between you and Motherdom.

1.3. By using the Service you are confirming that you understand and accept (and are able to understand and accept) these terms of use, and that you agree to be bound by them. If you are under the age of 18 or don’t understand these terms of use, please ask a parent or guardian to explain their meaning to you. You must not use the Service if you are under 13.

1.4. We may make alterations to these terms of use from time to time.

2. RIGHTS OF USE AND INTELLECTUAL PROPERTY RIGHTS

2.1. Subject to these terms of use, you may use the Service solely for your personal non-commercial use to:

2.1.1. view pages from our Service in a web browser;
2.1.2. download pages from our Service for caching in a web browser;
2.1.3. print pages from our Service;
2.1.4. stream audio and video files from our Service; and
2.1.5. use our Service services by means of a web browser.

2.2. Use of our products and services marketed through our Service may be subject to additional terms and conditions which will be notified to you before you begin using them.

2.3. Unless otherwise specified, all copyright, design rights, database rights, patent rights, trade mark and trade dress rights and other intellectual property rights in the Service belong to and vest in us, or are licensed to us.

2.4. Unless you own or control the relevant rights in the material, you must not sell, rent or sub-license material from our Service or exploit material from our Service for a commercial purpose;

2.5. Notwithstanding the above, you may redistribute our newsletter to any person provided that you have obtained their consent to do so.

2.6. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

2.7. All third party trade names and trade marks are the property of their respective owners and we make no warranty or representation in relation to them.

3. RESTRICTIONS AND OBLIGATIONS

3.1. You agree to comply with these terms of use and all rules applicable to the use of the Service.

3.2. You will not:

3.2.1. hack, modify, reverse engineer or create derivative works of the Service or any part of it;
3.2.2. use our Service in any way or take any action that causes, or may cause, damage to the Service or impairment of the performance, availability or accessibility of the Service;

3.2.3. use our Service in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

3.2.4. use our Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

3.2.5. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Service without our express written consent;

3.2.6. access or otherwise interact with our Service using any robot, spider or other automated means;

3.2.7. violate the directives set out in the robots.txt file for our Service;

3.2.8. gain unauthorised access to any part of the Service;

3.2.9. remove, modify or obscure any copyright, trade mark or other proprietary notices on the Service;

3.2.10. create software which replicates or mimics the data or functionality in the Service;

3.2.11. use your access to the Service for the sending of direct marketing (including without limitation email marketing, SMS marketing, telemarketing and direct mailing) or otherwise use data collected from our Service to contact individuals, companies or other persons or entities;

3.2.12. make any part of the Service available to a third party who does not agree to these terms of use;

3.2.13. copy or exploit any part of the Service or the content it contains other than as expressly permitted by these terms of use;

3.2.14. use the Service or any part of it unfairly or for any illegal or immoral purpose; or

3.2.15. attempt to do any of the acts listed above.

4. COMMUNICATIONS

4.1. The Service may enable the display of your own or third party content (“User Content”) without review or moderation. The Service is therefore a host of User Content.

4.2. The views expressed in any User Content are the views of the individual authors and not those of Motherdom unless specified otherwise by Motherdom.

4.3. We disclaim all liability in respect of any comments, views or remarks expressed in any User Content.

4.4. By using the Service you acknowledge that Motherdom has no responsibility to review the content of any User Content and that all User Content is made available on the basis that Motherdom is not required to exercise any control or judgement over User Content.

4.5. If you submit data, messages, audio, video, textual or other content through the Service such as through a discussion forum, comments on a blog post, or otherwise then:

4.5.1. you grant us a sub-licensable, perpetual, irrevocable, non-exclusive licence to use and make available any User Content which you submit, worldwide in connection with the Service; and

4.5.2. you agree to comply with our User Content Guidelines as set out in Schedule 1.

4.6. IT IS A KNOWN RISK OF INTERNET USAGE THAT PEOPLE ARE NOT NECESSARILY WHO THEY SAY THEY ARE. PEOPLE MAY PROVIDE INFORMATION OR BEHAVE IN A WAY THAT IS UNRELIABLE, MISLEADING, UNLAWFUL OR ILLEGAL. MOTHERDOM HAS NO WAY OF TELLING IF STATEMENTS MADE BY OTHER USERS ARE TRUE.  YOU SHOULD THEREFORE EXERCISE SOME DEGREE OF CAUTION WHEN USING ANY WEBSITE OR APP. BY USING THE WEBSITE OR APP YOU ACCEPT THAT YOU USE THE SERVICE AT YOUR OWN RISK.

5. LIABILITY

5.1. Motherdom provides and maintains the Service on an “as is” basis and is liable only to provide its services with reasonable skill and care.

5.2. External Sites have not been verified or reviewed by Motherdom and all use and access of External Sites is made at your own risk. “External Sites” means third party websites and online services to which the Service links.

5.3. Motherdom gives no other warranty in connection with the Service or its content or any External Sites and to the maximum extent permitted by law, Motherdom excludes liability for:

5.3.1. any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not that loss arises out of something of which Motherdom has been made aware;

5.3.2. the accuracy, currency or validity of information and material contained within any User Content or the Service;

5.3.3. any interruptions to or delays in updating the Service;

5.3.4. any incorrect or inaccurate information on the Service;

5.3.5. the infringement by any other person of any copyright or other intellectual property rights of any third party through any User Content or use of the Service;

5.3.6. the availability, quality, content or nature of External Sites;

5.3.7. any transaction taking place on External Sites;

5.3.8. any transaction with any third party retailer taking place on the Service;

5.3.9. any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by any other person accessing, using or downloading the Service or any part of it, or any User Content; and

5.3.10. all representations, warranties, conditions and other terms and conditions which but for this notice would have effect including without limitation any implied warranty of satisfactory quality or fitness for purpose.

5.4. Motherdom does not warrant that the operation of the Service will be uninterrupted or error free.

5.5. Motherdom will not be liable in any amount for failure to perform any obligation under these terms of use if that failure is caused by the occurrence of an event beyond its reasonable control.

5.6. Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all of those terms and conditions are hereby excluded to the maximum extent permitted by law.

5.7. You agree not to use the Service in any way which is:

5.7.1. unlawful;
5.7.2. may give rise to civil or criminal liability for Motherdom; or
5.7.3. which might call Motherdom into disrepute.

6. TERMINATION

Without limiting any other rights it may have, we may cancel or suspend access to the Service if you breach any of these terms of use.

7. GENERAL

7.1. These terms of use are subject to your statutory and common law consumer rights and will not limit any rights you might have that cannot be excluded under applicable law. These terms of use will not exclude or limit Motherdom’s liability for death or personal injury resulting from its negligence nor any fraudulent acts or representations.

7.2. These terms of use and our privacy policy, constitute the entire agreement between you and Motherdom relating to your use of the Service, to the exclusion of any other terms. The Terms of Purchase constitute the entire agreement between you and Motherdom relating to your purchase of the Motherdom magazine and any Motherdom products.

7.3. Failure to enforce any term does not constitute a waiver of that term.

7.4. If any part of these terms of use is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect.

7.5. The Service is intended for and directed at the United Kingdom. No representation or warranty is made as to whether the Service complies with the laws of any other country.

7.6. These terms of use are subject to the laws of England and the parties submit to the exclusive jurisdiction of the English courts.

7.7. We will be entitled to assign and otherwise transfer the agreement covered by these terms of use by giving you reasonable notice, which may include notice given via the Service.

7.8. All questions, comments or enquiries should be directed to us. We will try to respond to within 5 working days.

Motherdom Limited
27 Mortimer Street,
London
W1T 3BL

anna@motherdom.co.uk

USER CONTENT GUIDELINES

1. You agree and undertake that you will not post, communicate, transmit or make available to or through the Service any User Content, statement, material, communication or other content which:

1.1. is unlawful or which gives rise to civil or criminal liability;

1.2. infringes the intellectual property rights of any third party;

1.3. is technically harmful such as computer viruses, worms, logic bombs or other malicious software or harmful data;

1.4. is abusive, seditious, sexist, pornographic, homophobic, defamatory, libellous, discriminatory, obscene or racist;

1.5. harasses any person;

1.6. may be deemed a marketing or commercial communication or promotes the products or services of any person;

1.7. contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or

1.8. solicits, promotes, invites, encourages, advocates, incites or provokes any or all of the foregoing.

2. You shall ensure that all the information you supply to us through our Service, or in relation to our Service, is true, accurate, current, complete and non-misleading.

3. You further agree that in any activity you undertake during or in relation to the Service you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call us or the Service into disrepute.

4. You authorise us to remove, restrict, suspend or alter any of your User Content for any reason, in our sole and absolute discretion, including but not limited to User Content which conflicts with the terms of these User Content Guidelines or is otherwise inconsistent with the Service terms of use.

5. If you discover User Content which you believe contravenes these User Content Guidelines, is inconsistent with the Service terms of use or is otherwise objectionable please notify us at anna@motherdom.co.uk.