Terms of Service
BY USING IVILLAGE.COM.AU, OR THE SERVICES OFFERED OVER IT, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE AS THEY MAY BE MODIFIED BY US FROM TIME TO TIME. Please read these Terms of Service carefully. We have created them to protect you and to ensure that iVillage is safe and fun for everyone.
If you do not agree to these Terms of Service, please do not enter iVillage.com.au or register as a member or subscribe to our newsletters or other subscription based services.
1.2 iVillage.com.au is intended for use by you in Australia only. We make no warranty or representation that iVillage.com.au (or any element of it) is appropriate or available for use in locations outside Australia. Accessing iVillage.com.au from territories where your access to it is prohibited or where such service (or any part thereof) is considered illegal or unlawful is not permitted under these Terms of Service. If you choose to access iVillage.com.au from locations outside Australia, you do so on your own initiative and you are responsible for compliance with all applicable local laws.
2.1 We reserve the right to amend these Terms of Service from time to time without notice to you. Please check the Terms of Service periodically to see whether a change has been made to them. We may (at our discretion) provide you notice of such changes to any email address you have provided to iVillage. If you do not agree with any change in these Terms of Service, please discontinue further use of iVillage.com.au. Your continued use of iVillage.com.au will signify your acceptance of any change in the Terms of Service set out here.
2.2 From time to time iVillage may supplement these Terms of Service with additional terms applying to specific content or events, such as competitions ("Additional Terms"). Any Additional Terms will be clearly placed on iVillage.com.au to be viewed in connection with the specific content or events. All Additional Terms will form part of these Terms of Service.
2.3 iVillage Australia may modify or discontinue iVillage.com.au with or without notice to you and without liability to you or any third party.
3.1 Although portions of iVillage.com.au may be viewed by anyone who visits iVillage.com.au you will need to register as a member in order to access some iVillage services including the message boards.
3.2 When you register with us you are stating that you are over 18 years of age or are a minor over 13 years of age with parental consent to use the service you are registering for. PLEASE NOTE that all minors are recommended to discuss these terms and conditions with their parents or legal guardian before they complete any registration process or provide us with any information about themselves. We do not allow persons who we know to be 13 years of age or younger to register with iVillage.com.au.
3.3 You agree that any information you provide to us about yourself upon registration or at any other time will be true, accurate and complete and that you will ensure that this information is kept accurate and up to date at all times. iVillage reserves the right to terminate your membership and access to any specific content if iVillage learns that you have provided iVillage with false or misleading registration information.
4.1 When you register to use iVillage.com.au you will be asked to create a password. You must keep this password confidential and must not disclose it to or share it with anyone. YOU WILL BE RESPONSIBLE for all activities that occur under your password.
4.2 If you forget your password please contact us at firstname.lastname@example.org and we will be able to remind you of your password if you satisfy our security check.
6.1 iVillage does not read every message posted on the message boards and, as such, we do not guarantee the accuracy, integrity or quality of such content. While we require all users of iVillage.com.au to comply with these Terms of Service (including the standards below), you understand that, by using iVillage.com.au, it is possible that you may be exposed to content that is offensive, indecent or objectionable. If you see a message which you believe breaks the following standards please report it to us immediately using the 'Report this message' link at the bottom of the post. All reports are reviewed as soon as possible during normal office hours.
The views expressed on our message boards are not those of iVillage.
6.2 You alone are responsible for the content of your messages and your use of iVillage.com.au and the consequences of any such messages. By using iVillage.com.au you agree to comply with the following guidelines:
(a) iVillage.com.au is to be used by you for your personal use only and use of iVillage.com.au for commercial purposes or to obtain financial gain are strictly prohibited without iVillage's prior written consent.
(b) iVillage.com.au may not be used to send chain letters, junk mail, 'spam', solicitations (commercial or non-commercial) or bulk communications of any kind unless the recipient has given specific permission to be included in such a list. iVillage.com.au may not be used to advertise a company, product or service or to recruit staff.
(c) You are not permitted to post links to alternative community groups unless it is with the express permission of iVillage.
(d) You may not post to iVillage.com.au or use iVillage.com.au to publish, send or distribute any message or material (in any media or form) that is unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, threatening, racially or sexually or otherwise discriminatory, offensive, inaccurate, is in breach of confidence or a third party's intellectual property rights or which otherwise includes objectionable material of any kind or nature, that encourages or engages in conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, national or international law or regulation or which has a disruptive influence on the normal flow of a message board.
(e) You (whether acting in your capacity as a journalist in any media or otherwise) may not post appeals for case histories on any iVillage.com.au message boards. Unauthorised appeals will be removed.
(f) You must not impersonate any other person or entity, whether actual or fictitious.
(g) You must not create any member names which mimic or impersonate an iVillage member of staff, Community Moderator, Community Leader or other iVillage member.
(h) You must not use iVillage.com.au or any part of iVillage.com.au in a way that might reasonably be expected to cause the same to be interrupted, damaged, rendered less efficient or which could in any way damage the operation of another's computer.
(i) You will not harass or intimidate any iVillage.com.au member either on a message board or via email communication.
(j) You must not post or use any part of iVillage.com.au to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
6.3 iVillage reserves the right in its absolute discretion at any time to edit, alter, delete or move any material whatsoever posted to, appearing on or distributed by iVillage.com.au and you. iVillage will not enter into any discussions about its decision to edit, alter, delete or move such material.
6.4 iVillage may at any time, and without prior or post warning, close discussions on message boards as it feels appropriate. No discussion will be entered into.
6.5 In the event of uploading photographs you agree: (i) you are over the age of 13; (ii) you have reviewed and agree to comply with these Terms of Service (unless you are aged 14-17 years old, in which case, your parent or guardian has reviewed and agrees to these Terms of Service on your behalf); (iii) you have the rights necessary to authorise iVillage and its designees to copy, distribute, adapt, display, perform and otherwise use the photograph, and you hereby grant such authorisation; (iv) the individual depicted in the photograph is over the age of 13, or you have obtained the consent of the individual's parent or guardian, and such individual has consented to the photograph being made publicly available in connection with the iVillage.com.au Website; (v) the photograph has not been modified or altered in any manner so as to distort or misrepresent any individual or thing depicted in the photograph; (vi) the photograph does not contain any personal information such as a name, phone number or email address; and photographs of groups or offensive materials may not be posted. iVillage reserves the right in its sole discretion to remove or not post any photograph, for any reason. Also, you acknowledge that iVillage requires that any submitted photograph should not contain potentially offensive materials. If you would like to have your photo removed. Materials submitted to iVillage.com.au will not be returned to the submitting party and iVillage has no obligation to inform you of any decision to remove or not post such materials.
7.1 iVillage.com.au, its contents and all Rights therein are owned by iVillage (and/or its licensors). "Rights" means copyright, database rights, trade marks, design rights and other intellectual and proprietary rights of whatever nature, anywhere in the world. You acknowledge that (i) iVillage.com.au is protected by Rights; (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, these Terms of Service and applicable copyright, trademark and other laws govern your use of such Rights.
7.2 You may view, print, download or temporarily store extracts from iVillage.com.au for your personal, non-commercial reference without alteration, addition or deletion. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any iVillage.com.au material or content. You acknowledge that you will not acquire any Rights by downloading or otherwise using any iVillage.com.au content or materials.
7.3 By submitting content, which shall include your member name, to any "public area" of iVillage.com.au, including message boards, forums, contests and chat rooms, you grant iVillage and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also permit any member to access, display, view, store and reproduce such content for personal use.
7.4 By submitting content, you also warrant that you are entitled and have all necessary rights to grant the licences stated above. Subject to the foregoing, the owner of such content placed on iVillage.com.au retains any and all Rights that may exist in such content.
8.1 iVillage.com.au provides links to third party web sites that are not affiliated with iVillage (although iVillage branding may appear on these sites). We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links or any goods or services available from such sites.
8.2 All matters concerning any goods and services that you purchase from a third party site, including without limitation all contract terms are solely between you and the owner of that site and iVillage will not be liable for any costs or damages to you or any third party arising directly or indirectly out of any third party website. You hereby waive any claim you might have against iVillage with respect to any such sites.
9.1 iVillage.com.au is provided on an "as is" and "as available" basis. iVillage expressly disclaims all warranties or representations of any kind, express or implied, to the fullest extent permitted by law.
9.2 You understand and agree that iVillage does not guarantee the accuracy or completeness of any information in or provided in connection with ivillage.com.au. iVillage Australia is not responsible for any errors or omissions or for the results obtained from the use of such information. Whilst iVillage.com.au is provided for the general information of the general public, all information is provided on the basis that neither iVillage, its employees or consultants or its members, while such members are participating in iVillage.com.au, are engaged in rendering legal, medical, counselling or other professional services or advice. iVillage advises you to seek appropriate professional advice or care for any situation or problem which you may have.
9.3 iVillage shall not be responsible for any loss or damage caused directly or indirectly, by the information or ideas contained, suggested or referenced on iVillage.com.au. Your participation in iVillage.com.au is solely at your own risk. No advice or information, whether oral or written, obtained by you from iVillage Australia or through iVillage.com.au shall create any warranty not expressly made in these terms of service or imposed by law.
9.4 iVillage makes no warranty that the iVillage.com.au will meet your requirements, or that the iVillage.com.au network will be uninterrupted, timely, secure, or error free; nor does iVillage make any warranty as to the results that may be obtained from the use of iVillage.com.au.
9.5 You understand and agree that any material and/or data downloaded or otherwise obtained through the use of iVillage.com.au is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
10.1 Except as required by law, iVillage shall not be liable for any indirect, incidental, special or consequential losses or damages or loss of profits, data, goodwill, revenue in each case regardless of whether such losses or damages arise in the normal course of events or whether iVillage has been advised of the possibility of such damages.
10.2 iVillage will not be liable for any such losses or damages whether arising in contract, tort (including negligence) or otherwise arising out of or in connection with this website including without limitation the use or the inability to use iVillage.com.au, or messages received, or transactions entered into through iVillage.com.au, or resulting from unauthorised access to or alteration of your transmissions or data.
10.3 Nothing in these Terms of Service shall operate to exclude or restrict iVillage's liability for death or personal injury caused by negligence.
iVillage assumes no responsibility for the deletion of or failure to store e-mail messages or for any problems with its personal home page service. Whilst the security of your personal information is a priority to us, you should be aware that e-mails you send to us are not necessarily secure when they are transmitted to us. If your communication to us or any third party is sensitive or includes highly confidential information such as credit card number, you may want to provide it by post or via the telephone instead.
12.1 iVillage will be entitled to restrict, suspend or terminate your membership or deny you access to iVillage.com.au or take such other action as iVillage deems appropriate if iVillage determines, in its sole discretion, that you are in breach any of the Terms of Service or iVillage considers in its sole discretion that your use of iVillage.com.au is inappropriate or otherwise unacceptable.
12.2 The restriction, suspension or termination of our service pursuant to this section will be without prejudice to any rights which iVillage may have against you in respect of your breach of these Terms of Service.
You agree to indemnify and hold each of iVillage, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of iVillage.com.au, the violation of these Terms of Service by you, or the infringement by you, or any other user of your account, or of any intellectual property or other right of any other person or entity.
These Terms of Service shall be governed by and construed in accordance with the laws of Australia and any dispute shall be subject to the exclusive jurisdiction of the Australian courts.
15.1 In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deleted and the remainder of the terms of these Terms of Service will remain in full force and effect.
15.2 Any failure or delay by us to enforce strict performance by you of any of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver to any extent of our rights.
15.3 iVillage may assign its rights and obligations under these Terms of Service and upon such assignment iVillage shall be relieved of any further obligation under these Terms of Service.