Terms of Service

Askmommy.ca is a social networking service that allows visitors to ask questions and receive answers from other members of the community about Pregnancy and Parenting. Question topics include, Pregnancy, Babies, Toddlers, Kids, Teens, Moms, Dads and Grandparents, Food, Exercise, Shopping, Health & Advice, Baby feeding, Baby sleep, You and baby, Development, Steps & Stages, Eating & Mealtime, Potty Training, Sleep & Bedtime, Health & Safety, Learning To Talk and much more.Askmommy.ca provides an invaluable platform for members to chat with other moms and get support and advice on anything to do with being a parent, from little problems to major issues. Members canswap information and recommend products,participate in contest or other services provided by Askmommy.ca.The services offered by Askmommy.ca include any Askmommy.ca branded URL (the “Askmommy.ca Website”), the Askmommy.ca instant messaging service, the Askmommy.ca application developer service and other features (for example, music and video embedded players), Askmommy.ca mobile services, and any other features, content, or applications offered from time to time by Askmommy.ca in connection with Askmommy.ca’s business (collectively, the “Askmommy.ca Services”). The Askmommy.ca Services are hosted in Canada.
This Terms of Use Agreement (”Agreement”) sets forth the legally binding terms for your use of the Askmommy.ca Services. By using the Askmommy.ca Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Askmommy.ca Website, including through a mobile device or otherwise use the Askmommy.ca Services without being registered) or you are a “Member” (which means that you have registered with Askmommy.ca). The term “User” refers to a Visitor or a Member. You are only authorized to use the Askmommy.ca Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement carefully and save it. If you do not agree to be bound by it or with any of the legal provisions applicable to it and to follow all applicable laws, you should leave the Askmommy.ca Website and discontinue use of the Askmommy.ca Services immediately. If you wish to become a Member, communicate with other Members and/or make use of the Askmommy.ca Services, you must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes Askmommy.ca’s policy for acceptable use of the Askmommy.ca Services and Content (as defined in Section 6.1 below) posted on or through the Askmommy.ca Services and your rights, obligations and restrictions regarding your use of the Askmommy.ca Services and Content posted on or through the Askmommy.ca Services. In order to participate in certain Askmommy.ca Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from Askmommy.ca. Unless otherwise provided by the additional terms and conditions applicable to the Askmommy.ca Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: info@Askmommy.ca, Subject: Terms of Use Agreement.
Askmommy.ca may modify this Agreement from time to time and such modification shall be effective upon posting by Askmommy.ca on the Askmommy.ca Website. Your continued use of the Askmommy.ca Services after Askmommy.ca posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on or through the Askmommy.ca Services and that you provide to other Users. Your Askmommy.ca profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other Askmommy.ca Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Askmommy.ca assumes no responsibility or liability for this material. If you become aware of misuse of the Askmommy.ca Services by any person, please click on the “Contact Askmommy.ca” or the “Report Abuse” link at the bottom of the Askmommy.ca Website pages.
Askmommy.ca reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Askmommy.ca Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Askmommy.ca expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Askmommy.ca Services if Askmommy.ca determines, in its sole discretion, that you have violated this Agreement or pose a threat to Askmommy.ca and/or its Users and/or violating any applicable law.
1. Eligibility. Use of the Askmommy.ca Services and registration to be a Member for the Askmommy.ca Services (“Membership”) is void where prohibited. By using the Askmommy.ca Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Askmommy.ca Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Askmommy.ca Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member’s Account Settings page. Askmommy.ca may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-17.
3. Fees. You acknowledge that Askmommy.ca reserves the right to charge for any portion of the Askmommy.ca Services and to change its fees (if any) from time to time in its discretion. If Askmommy.ca terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Askmommy.ca immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Use by Members. The Askmommy.ca Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by Askmommy.ca. Askmommy.ca reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Askmommy.ca Services, including collecting usernames, userid numbers and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Askmommy.ca Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. Askmommy.ca reserves the right to take appropriate legal action for any illegal or unauthorized use of the Askmommy.ca Services.
6. Proprietary Rights in Content on Askmommy.ca.
6.1 Askmommy.ca does not claim any ownership rights in the text, files, images, photos, videos, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you post on or through the Askmommy.ca Services. After posting your Content to the Askmommy.ca Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing (”posting”) any Content on or through the Askmommy.ca Services, you hereby grant to Askmommy.ca a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the Askmommy.ca Services, including without limitation distributing part or all of the Askmommy.ca Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the Askmommy.ca Website. This limited license does not grant Askmommy.ca the right to sell or otherwise distribute your Content outside of the Askmommy.ca Services. After you remove your Content from the Askmommy.ca Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the Askmommy.ca Website you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside the Askmommy.ca Website as soon as practicable after you make the change.
6.2 The license you grant to Askmommy.ca is non-exclusive (meaning you are free to license your Content to anyone else in addition to Askmommy.ca), fully-paid and royalty-free (meaning that Askmommy.ca is not required to pay you for the use on the Askmommy.ca Services of the Content that you post), sub-licensable (so that Askmommy.ca is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Askmommy.ca Services), and worldwide (because the Internet and the Askmommy.ca Services are global in reach).
6.3 You represent, warrant and covenant that: (i) you own the Content posted by you on or through the Askmommy.ca Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the Askmommy.ca Services does not violate any applicable laws, including but not limited to the privacy rights, publicity rights, intellectual property rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any Content posted by you on or through the Askmommy.ca Services.
6.4 The Askmommy.ca Services contain Content of Askmommy.ca (”Askmommy.ca Content”). Askmommy.ca Content is protected by copyright, trademark, patent, trade secret, industrial secret, and other laws, and Askmommy.ca owns and retains all rights in the Askmommy.ca Content and the Askmommy.ca Services. Askmommy.ca hereby grants you a limited, revocable, non sub-licensable license to reproduce and display the Askmommy.ca Content (excluding any software code) solely for your personal use in connection with viewing the Askmommy.ca Website and using the Askmommy.ca Services.
6.5 The Askmommy.ca Services contain Content of Users and other Askmommy.ca licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Askmommy.ca Services.
6.6 Askmommy.ca performs technical functions necessary to offer the Askmommy.ca Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Askmommy.ca Services.
7. Content Posted.
7.1 Askmommy.ca may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Askmommy.ca violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Askmommy.ca assumes no responsibility for monitoring the Askmommy.ca Services for inappropriate Content or conduct. If at any time Askmommy.ca chooses, in its sole discretion, to monitor the Askmommy.ca Services, Askmommy.ca nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
7.2 You are solely responsible for the Content that you post on or through any of the Askmommy.ca Services, and any material or information that you transmit to other Members and for your interactions with other Users.
7.3 You are solely responsible for ensuring that all Content that you post on or through any of the Askmommy.ca Services, and any material or information that you transmit to other Users, conforms to all applicable data protection and privacy laws, including ensuring that you have obtained the prior consent of any and all individuals whose personal information you use and/or disclose on or through Askmommy.ca.
8 Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the Askmommy.ca Services. Askmommy.ca reserves the right to investigate and take appropriate legal action against anyone who, in Askmommy.ca’s sole discretion, violates this provision, including without limitation, removing the offending Content from the Askmommy.ca Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Askmommy.ca:
8.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
8.2 harasses or advocates harassment of another person;
8.3 exploits people in a sexual or violent manner;
8.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
8.5 solicits personal information from anyone under 18;
8.6 publicly posts information that poses or creates a privacy or security risk to any person;
8.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8.8 constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
8.9 involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
8.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
8.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
8.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
8.13 involves commercial activities and/or sales without prior written consent from Askmommy.ca such as contests, sweepstakes, barter, advertising, or pyramid schemes;
8.14 includes a photograph or video of another person that you have posted without that person’s consent;
8.15 for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile;
8.16 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person; or
8.17 promotes propaganda and/or symbols of organizations which are unconstitutional or illegal in your country.
The following are examples of the kind of activity that is illegal or prohibited on the Askmommy.ca Website and through your use of the Askmommy.ca Services. Askmommy.ca reserves the right to investigate and take appropriate legal action against anyone who, in Askmommy.ca’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
8.18 criminal or tortious activity, including child pornography, corruption of minors, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, intellectual property rights (including but not limited to copyright, trademark and patent infringement), or theft of trade or industrial secrets;
8.19 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Askmommy.ca Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, Askmommy.ca reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Askmommy.ca deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the Askmommy.ca Services, you acknowledge that Askmommy.ca may suspend your account;
8.20 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Askmommy.ca Services;
8.21 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
8.22 covering or obscuring the banner advertisements on your personal profile page, or any Askmommy.ca page via HTML/CSS or any other means;
8.23 any automated use of the system, including but not limited to, using scripts to add friends or send comments or messages;
8.24 interfering with, disrupting, or creating an undue burden on the Askmommy.ca Services or the networks or services connected to the Askmommy.ca Services;
8.25 impersonating or attempting to impersonate another Member, person or entity;
8.26 copying any code from Askmommy.ca and using it (or directing others to using it) anywhere other than Askmommy.ca;
8.27 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8.28 selling or otherwise transferring your profile;
8.29 using any information obtained from the Askmommy.ca Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
8.30 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Askmommy.ca Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your  friends, or sending private messages with a commercial purpose; or
8.31 using the Askmommy.ca Services in a manner inconsistent with any and all applicable laws and regulations.
9 Protecting Copyrights and Other Intellectual Property. Askmommy.ca respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Askmommy.ca has the right to terminate the Membership of infringers.
If you believe your work has been copied and posted on or through the Askmommy.ca Services in a way that constitutes copyright infringement, please send Askmommy.ca’s Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Askmommy.ca Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. Askmommy.ca’s Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Askmommy.ca, Attn: Copyright Agent. Askmommy.ca’s Copyright Agent for notification of claimed infringement can also be reached electronically at Contact Askmommy.ca, Attn: Copyright Agent. Askmommy.ca provides certain tools and technologies to help facilitate copyright owners’ control over their copyrighted works.
10. Member Disputes. You are solely responsible for your interactions with other Askmommy.ca Members. Askmommy.ca reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
11. Privacy. Use of the Askmommy.ca Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
12. Disclaimers. Askmommy.ca is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the Askmommy.ca Services, whether caused by Users of the Askmommy.ca Services or by any of the equipment or programming associated with or utilized in the Askmommy.ca Services and such User Content does not necessarily reflect the opinions or policies of Askmommy.ca. Profiles and third party applications created and posted by Members on the Askmommy.ca Website may contain links to other websites. Askmommy.ca is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Askmommy.ca. Inclusion of any linked website on the Askmommy.ca Services does not imply approval or endorsement of the linked website by Askmommy.ca. When you access these third-party sites, you do so at your own risk. Askmommy.ca takes no responsibility for third party advertisements or third party applications that are posted on or through the Askmommy.ca Services, nor does it take any responsibility for the goods or services provided by its advertisers. Askmommy.ca is not responsible for the conduct, whether online or offline, of any User of the Askmommy.ca Services. Askmommy.ca assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Askmommy.ca is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Askmommy.ca Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Askmommy.ca Services. Under no circumstances shall Askmommy.ca be responsible for any loss or damage, including personal injury or death, resulting from use of the Askmommy.ca Services, attendance at anAskmommy.ca event, from any User Content posted on or through the Askmommy.ca Services, or from the conduct of any Users of the Askmommy.ca Services, whether online or offline. The Askmommy.ca Services are provided “AS-IS” and as available and Askmommy.ca expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Askmommy.ca cannot guarantee and does not promise any specific results from use of the Askmommy.ca Services.
13. Limitation on Liability. IN NO EVENT SHALL ASKMOMMY.CA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE ASKMOMMY.CA SERVICES, EVEN IF ASKMOMMY.CA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ASKMOMMY.CA’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ASKMOMMY.CA FOR THE ASKMOMMY.CA SERVICES DURING THE TERM OF MEMBERSHIP.
14. Indemnity. You agree to indemnify and hold Askmommy.ca, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Askmommy.ca Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the Askmommy.ca Services causes Askmommy.ca to be liable to another.
15. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions. You and Askmommy.ca agree to submit to the exclusive jurisdiction of the courts located within the Province of Ontario to resolve any dispute arising out of the Agreement or the Askmommy.ca Services. 
16. Other. This Agreement is accepted upon your use of the Askmommy.ca Website or any of the Askmommy.ca Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Askmommy.ca regarding the use of the Askmommy.ca Services. The failure of Askmommy.ca to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Askmommy.ca is a trademark of Askmommy.ca, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: Contact Askmommy.ca with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.