terms and Conditions of membership to mamahive

Mamahive is a niche online community using the Mightybell Network

By signing up, all members of mamahive agree to the Mightybell Terms and additional mamahive Terms below.

We created mamahive to give moms + moms-to-be a private and supportive online community to connect, learn and give/receive support in the realm of motherhood. mamahive has a no-tolerance approach to judgemental comments or passive-aggressive postings.  Support each other or scroll on, please.  We have provided the opportunity to follow topics that interest you and join private spaces that allow for conversations on a more personal rather than a global level.  

By offering this in a private, members-only community format, certain principles guide mamahive in pursuing our goal to grow our mamahive community, nurture it with relevant information and provide the opportunity for our members to interact within the mobile app and web-based experience by posting, commenting and private messaging. Achieving these principles should be constrained only by limitations of law, technology, and evolving social norms. We therefore have established, and members agree to uphold, our “mamahive Terms of Use” as the foundation of the rights and responsibilities of those within the mamahive Community.

THESE TERMS OF USE (THESE “TERMS”) REPRESENT AN AGREEMENT BETWEEN YOU AND mamahive LLC. (“mamahive,” “mh,” “WE,” “US”) AND GOVERN YOUR USE OF OUR WEBSITE AT www.mymamahive.com, www.mamahive.com AND ANY OTHER SITES CREATED BY US FROM TIME TO TIME (THE “SITES”) AND ANY PRODUCTS OR SERVICES MADE AVAILABLE BY MEANS OF ANY OF THE SITES (THE “PRODUCTS”). WE REFER TO THE SITES AND THE PRODUCTS COLLECTIVELY IN THESE TERMS AS THE “SERVICES.” BY USING ANY OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS.


 

mamahive TERMS OF USE

mamahive Terms of Use is an agreement written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.  Please note that Section 16 contains certain changes to the general terms for users outside the United States.

Date of Last Revision: September 11, 2016

Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") is our terms of service that governs our relationship with users and others who interact with mamahive, including the app, online community, and website, as well as mamahive’s partners, agencies, affiliates, vendors, brands, products and services, which we call the “mamahive Partners.” By using or accessing the mamahive Partners, you agree to this Statement, as updated from time to time in accordance with Section 13 below. Additionally, you will find resources at the end of this document that help you understand how mamahive works.

  1. Services - mamahive grants you a non-exclusive, non-transferrable, revocable license to use the Services, including the Products (subject to payment, where applicable), for your personal use only, in accordance with these Terms. We reserve all rights that we do not expressly grant in these Terms. We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any feature or content. Without limitation of any of our other rights or remedies at law, in equity or under these Terms, we may terminate your license to use the Services, in whole or in part, including your right to use any Products, without providing any refund or cancelling your obligation to make installment payments where applicable, if we determine, in our sole discretion, that you have breached or violated any of the provisions of these Terms.

  2. Privacy - Your privacy is very important to us. With this stated, by using the mamahive Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the mamahive Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

    1. mamahive App & Online Community on Mightybell: For information you provide and share on the mamahive App (downloaded from iOs or Google Play) and Online Community (www.mymamahive.com), we encourage you to read Mightybell’s Privacy Policy, and to use it to help you make informed decisions about how you can use mamahive App and Online Community to share with others and how your information and content is collected and can be used.

    2. mamahive Website: For information you provide on our website (mymamahive.com) featuring the opt-in contact information capture forms, please read mamahive’s Privacy Policy, and to use it to help you make informed decisions about how your information and content is collected and can be used.

    3. mamahive Shop: mamahive has selected Stripe, a world-wide payment vendor that uses commercially accepted security measures to help protect your information. For more insight, you may also want to read Stripe’s United States Privacy Policy https://stripe.com/us/privacy/ . All transactions are in US dollars; therefore you agree the US policy prevails.

  3. Sharing Your Content and Information - The content and information you share in the mamahive Community is subject to the terms of the Mightybell Policies: Mightybell Terms of Use, Mightybell Privacy Policy, Mightybell Acceptable Use Policy, Mightybell Copyright Policy, and Mightybell Trademark Policy

  4. Safety - We do our best to keep mamahive safe, but we cannot guarantee it. We need your help to keep mamahive safe, which includes you making the commitment to abide by the Mightybell Acceptable Use Policy and the following statements:

    1. You will not post unauthorized commercial communications (such as spam) on mamahive.

    2. You will not bully, intimidate, or harass any user, including “trolling.”

    3. You will not collect users' content or information, or otherwise access mamahive, using automated means (such as harvesting bots, robots, spiders, or scrapers).

    4. You will not upload viruses or other malicious code.

    5. You will not solicit login information or access an account belonging to someone else.

    6. You will not post unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” offer “contests,” “sweepstakes,” or prizes, engage in unlawful multi-level marketing “pyramid schemes,” or any other form of solicitation.

    7. You will not use mamahive to do anything unlawful, misleading, malicious, or discriminatory.

    8. You will not do anything that could disable, overburden, or impair the proper working or appearance of mamahive, such as a denial of service attack or interference with page rendering or other mamahive functionality.

  5. Your Conduct -

    You agree that you will not:

(i) use the Services in a manner that (a) violates any applicable international, federal, state or local laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities; (b) is fraudulent, deceptive or misleading; (c) is threatening, harassing, discriminatory, libelous, defamatory, pornographic or obscene; (d) violates anyone’s rights of privacy, publicity or other rights; (e) violates any contractual or fiduciary obligations; (f) infringes on any copyrights, trademarks, service marks, trade secrets, patents or other intellectual property rights (collectively, “Intellectual Property Rights”); (g) has an adverse effect on our business, reputation or ability to provide Services; or (h) would otherwise be reasonably deemed objectionable under the circumstances;

(ii) violate any program guidelines applicable to use of particular Products or interfere with, impair or disrupt the ability of others to use such Products;

(iii) use the Services so as to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information;

(iv) violate or attempt to violate the security of the Services;

(v) reverse engineer, decompile or disassemble any portion of the Services;

(vi) “scrape” information from the Services by automated means;

(i) interfere with the ability of others or permit any unauthorized access to or use of any Products that you have licensed or to any password applicable to your account for the Services;

(vii) use, redistribute or resell any of the Products or other content of the Services, other than such unremunerated sharing via social media as may be authorized on the Services or otherwise in writing by us; or

(viii) reproduce, modify, display, distribute, sell, re-sell, distribute, publish, disclose, videotape, share, divulge, transfer, exploit or create derivative works from any of the Services, including any Products, in whole or in part, except as expressly provided in these Terms.



 

  1. Proprietary Rights

    As between you and us, we own the Services, including the Products, and any and all graphics, photographs, images, artwork, text, fonts, software and other technology, and the contents, design, layout, functions, appearance and other intellectual property, comprising the Services. The foregoing ownership rights include all Intellectual Property Rights inherent in or appurtenant to the Services. Without limitation of the foregoing, the Services contain proprietary material of mamahive, which is protected by copyright and other laws respecting proprietary rights. The Services are also protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. mamahive retains all rights in the Services, including all copyright and other proprietary rights worldwide in all media. You may not use the Services except as expressly permitted under these Terms.

 

  1. Registration and Account Security - These are some commitments you make to mamahive relating to registering and maintaining the security of your account:

    1. You will not provide any false personal information on mamahive, or create an account for anyone other than yourself without permission.

    2. If we disable your account, you will not create another one without our permission.

    3. You will not use mamahive primarily for your own commercial gain.

    4. You will keep your contact information accurate and up-to-date.

    5. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.

    6. You will not transfer your account (including any Page or application you administer) to anyone without first getting written permission by mamahive.

    7. If you select a username or similar identifier for your profile, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

  2. Protecting Other People's Rights - We respect other people's rights, and expect you to do the same.

    1. You will not post content or take any action on mamahive that infringes or violates someone else's rights or otherwise violates the law.

    2. We can and will remove any content or information you post on mamahive if we believe that it violates our policies.

    3. mamahive’s app service, Mightybell, provides clear information about recourse for Copywright Owners here https://mightybell.com/copyright_policy  and for Trademark Owners here https://mightybell.com/trademark_policy . For your convenience, Mightybell also provides this web form to complete if you wish to report trademark infringement.

    4. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.

    5. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

    6. You will not use mamahive’s logo, merchandise designs, or any of our copyrights or Trademarks or any confusingly similar marks, without our prior written permission.

    7. If you collect information from users, you will: obtain their consent, make it clear you (and not mamahive) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

    8. You will not post anyone's identification documents or sensitive financial information on mamahive.

  3. Mobile and Other Devices -  When you access the mamahive App through a Mightybell application, you acknowledge that the Service Agreement is between you and Mightybell only, and not with another application service or application platform provider (such as Apple, Inc. or Google Inc.), which may provide you the application subject to its own terms.

    1. We currently provide access to the mamahive online community via a mobile app and an online community for the cost of the membership fees ($12/month or $120/year).

    2. Be aware that your carrier's rates and fees, such as text messaging and data charges, will still apply and are not be the responsibility of mamahive.

    3. mamahive’s app is designed for use on mobile phones – specifically iOs and Android phones - not tablets. In order to use on a tablet, the mobile app will need to be downloaded. If the app does not work with the tablet, it is not the responsibility of mamahive.  We recommend using the desktop version on a tablet.

    4. You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on mamahive.

  4. Payments - You agree to the following Payment Terms:

When you make a purchase, you authorize us to charge the credit, debit card or PayPal account you provide on an annual or monthly basis, depending on which payment plan you elect.

We reserve the right to cancel any order for any reason. Possible reasons for cancellation include, but are not limited to the following: fraudulent or potentially orders, incorrect pricing or non-payment.

    1. mamahive App: mamahive currently charges a membership fee of $12/month or $120/year (US dollars). By becoming a member, you agree to our mamahive App Payment Terms unless it is stated that other terms apply.

    2. mamahive Shop: When you make a purchase from the mamahive Shop, you agree to our mamahive Shop Payment Terms unless it is stated that other terms apply, this includes digital content and gift certificate purchases.

  1. Your Content - We may provide the opportunity for you to provide content or materials (“Your Content”) by means of the Services, including by commenting on blog posts, by communicating with us directly or through other forums. You grant to us and our affiliates a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, assignable, transferrable, right and license to reproduce, display, perform, transmit, modify, publish, create derivative works from and otherwise use Your Content in any formats or media now known or hereafter devised, in connection with our provision or promotion of information products or services.

  2. Sponsored Posts, Polls, Advertisements and Other Commercial Content Served or Enhanced by mamahive - mamahive celebrates the people, products and places that connect to the continuum of human sexuality & gender identity. Our goal is to deliver advertising and other commercial or sponsored content that is valuable to both our users and advertisers. In order to help us do that, you agree to the following:

    1. You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you.

    2. We do not give your content or information to advertisers without your consent.

    3. You understand that we may not always identify paid services and communications as such.

    4. You will contact mamahive at genderapp@gmail.com within 24 hours of discovering a member is posing as an advertiser and using your content or information without your consent.

  3. Special Provisions Applicable to Software

    1. If you download or use our software, such as a stand-alone software product, more specifically – the mamahive App - you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.

    2. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.

  4. Disclaimers and Limitation of Liability - PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF mamahive ENTITIES TO YOU. “mamahive ENTITIES” MEANS mamahive AND ANY AGENCIES, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS, OWNERS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:

  5. WE ARE PROVIDING YOU THE SERVICE, ALONG WITH OUR CONTENT AND MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, mamahive ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.

  6. mamahive MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY USER OR THIRD PARTY, (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SERVICE, INCLUDING AN INTEGRATED SERVICE PROVIDER (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY, HOST, OR USER YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICE. mamahive MAKES NO WARRANTY THAT (a) THE SERVICE OR ANY NETWORK WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE SERVICE, OR ANY NETWORK, WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY NETWORK, CIRCLES, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE.

  7. YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, mamahive ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT mamahive ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE.

  8. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.

  9. WITHOUT LIMITING THE FOREGOING, mamahive’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO mamahive IN CONNECTION WITH THE APP SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.

  10. Indemnification - You agree to release, indemnify and defend mamahive Entities from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: i) your use of Service, ii) Your Content, iii) your conduct or interactions with other users of the Service, or iv) or your breach of any part of this Agreement. We will promptly notify you of any such claim, and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense, and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

  11. Dispute Resolution, Arbitration and Class Action Waiver

    1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or mamahive exclusively in the Georgia State court located in Fulton County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Georgia will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.

    2. If anyone brings a claim against us related to your actions, content or information on mamahive, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on mamahive and are not responsible for the content or information users transmit or share on mamahive. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on mamahive. We are not responsible for the conduct, whether online or offline, of any user of mamahive.

    3. WE TRY TO KEEP mamahive UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING mamahive AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT mamahive WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT mamahive WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. mamahive IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR mamahive, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR mamahive WILL NOT EXCEED THE GREATER OF SIXTY DOLLARS ($60) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, mamahive'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

    4. Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. By agreeing to these terms, you are waiving the right to participate in a class action. Further, unless the parties mutually agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this waiver is found to be illegal or unenforceable, then the parties agree that this entire section will be unenforceable, that any dispute will be resolved exclusively in a state or federal court located in the United States - specifically in Fulton County, Georgia - and that the parties both submit to the personal jurisdiction of such courts. If a claim proceeds in court rather than through arbitration, the parties waive any right to a jury trial.

    5. This section does not: (i) prevent either party from litigating any dispute in small claims court; (ii) apply to disputes arising out of or related to infringement or other misuse of our intellectual property rights; or (iii) prevent either party from bringing a dispute to the attention of any federal, state, or local government agencies.

  12. General Terms

    1. Changes to these Terms - If you do not want to be bound by this binding arbitration provision and class action waiver, you must notify us within 30 days of the date that you first accept or receive these terms by sending a written notification to mymamahive@gmail.com that includes your actual name and mamahive user name, address, and a clear statement that you do not wish to resolve disputes with us through arbitration.

      1. We may amend this Agreement (including any mamahive policies) that are incorporated into this Agreement) at any time in our sole discretion. If we amend the terms to this Agreement, such amendment will be effective after we send you notice of the amended agreement. Such notice will be in our sole discretion and manner of notification could include, for example, via email, posted notice on the Service, or other manner. You can view the Agreement at any time at www.mymamahive.com/termsofuse.

      2. If you do not agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your account or to cease use of Mightybell.

      3. Your continued use of mamahive, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.

    2. Governing Law and Jurisdiction. You agree that mamahive is operated in the United States and will be deemed to be solely based in Georgia and a passive service for purposes of jurisdictional analysis. For any claims for which arbitration is inapplicable, you agree that such claims will be brought in federal or state court in Fulton County, Georgia and governed by laws of the state of Georgia, without regard to any conflict of law provisions.

    3. Use Outside of the United States. We strive to create a global community with consistent standards for everyone, but we also strive for our community to respect local laws. The following provisions apply to users and non-users who interact with mamahive outside the United States:

      1. You consent to having your personal data transferred to and processed in the United States.

      2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on mamahive (such as advertising or payments) or operate a Platform application or website. You will not use mamahive if you are prohibited from receiving products, services, or software originating from the United States.

      3. mamahive expressly disclaims any representation or warranty that the Service complies with all applicable laws and regulations outside of the United States.

      4. If you use the Service outside of the United States, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations or customs that may apply in connection with your use of the Service.

    4. Export. The Service is controlled and operated from Mightybell’s United States offices in California. Mightybell software is subject to United States export controls. No software for Mightybell may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You represent that you are not (1) located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and (2) listed on any U.S. government list of prohibited or restricted parties.

    5. Survival. The following provisions will survive expiration or termination of this Agreement:

    6. Notice for California Users. Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Service is provided by Mightybell, Inc., located in Palo Alto, California. If you have a question or complaint regarding the Service, please contact Mightybell at support@mightybell.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

    7. Government End Users. Any Mightybell software and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202 (as applicable). Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202- 1 through 227.7202-4 (as applicable), the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. government end users: (i) only as Commercial Items; and (ii) with only those rights as are granted to all other end users pursuant to this Agreement.

    8. Assignment. You may not assign or transfer this Agreement (or any of your rights or obligations under this agreement) without our prior written consent; any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.

    9. Electronic Communications. You consent to receive communications from us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.

    10. Entire Agreement / Severability. This Agreement supersedes all prior terms, agreements, discussions and writings regarding the Service and constitutes the entire agreement between you and us regarding the Service, except as provided for in Section 25. If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the agreement, which will remain in full force and effect, except as provided for in Section 18.

    11. Interpretation. In construing or interpreting the terms of this Agreement: (i) the headings in this Agreement are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting this Agreement.

    12. Notices. All notices permitted or required under this Agreement, unless specified otherwise in this Agreement, must be sent in writing as follows in order to be valid: (i) if to you, by us via email to the address associated with your account, and (ii) if to us by you at mymamahive@gmail.com. Notices will be deemed given (a) if to you, when emailed, and (b) if to us, on receipt by us.

    13. Relationship. This Agreement does not confer any third-party beneficiary rights and does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.

    14. Waiver. No waiver of any terms will deemed a further or continuing waiver or such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.

    15. Further Assurances. You agree to execute a hard copy of this Agreement and any other documents, and take any actions at our expense that we may request to confirm and effect the intent of this Agreement and any of your rights or obligations under this Agreement.

  13. Definition

    1. By "mamahive" or “The Service” we mean the features and services Mightybell provides and we make available, including through (a) our website at www.mamahive.com and any other mamahive branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the “Cheers” button and other similar offerings; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. mamahive reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR.

    2. By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from mamahive or provide data to us.

    3. By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with mamahive.

    4. By "content" we mean anything you or other users post, provide or share using mamahive Services.

    5. By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from mamahive or provide to mamahive through Platform.

    6. By "post" we mean post on mamahive or otherwise make available by using mamahive.

    7. By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

    8. By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us.  If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.

  14. Other

    1. This Statement is an agreement between you and mamahive, no matter where in the world you reside. References to “us,” “we,” and “our” mean mamahive and its affliates, as appropriate.

    2. This Statement makes up the entire agreement between the parties regarding mamahive, and supersedes any prior agreements.

    3. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.

    4. If we fail to enforce any of this Statement, it will not be considered a waiver.

    5. Any amendment to or waiver of this Statement must be made in writing and signed by us.

    6. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.

    7. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

    8. Nothing in this Statement shall prevent us from complying with the law.

    9. This Statement does not confer any third party beneficiary rights.

    10. We reserve all rights not expressly granted to you.

    11. You will comply with all applicable laws when using or accessing mamahive.

  15. Contact. Feel free to contact us at mymamahive@gmail.com with any questions about the mamahive Terms.

CONDITIONS OF MAMAHIVE MEMBERSHIP

1.  Focus group recipients:  As a participant in our original focus group, we have granted 5 free months of membership per our agreement that participating in the group would yield a $60 gift of membership.  Our regular price for membership is $12/mo.  This period started upon 10/24/16, the day we opened membership to focus group participants.  If you are a scholarship recipient OR an employee of HONEY, specific membership conditions cited in those two descriptions supersedes the focus group membership conditions.  

2. Scholarship recipients:  As the recipient of a mamahive scholarship or subsidized membership you have agreed to an additional participation clause.  Your membership must meet the criteria of that clause, or you can be removed after warning and written notice has been given.  If that occurs, you may not re-apply for scholarship or subsidized membership but you CAN re-join as a paid member, unless a Code of Conduct violation has been cited against you.  

3.  HONEY employees:  Membership to mamahive may be offered as a benefit of employment with HONEY: space for moms + moms-to-be.  While members are actively employed by HONEY, they may be granted free membership to mamahive.  Membership may be revoked upon no longer being an active employee with HONEY.  No written notice of revoking this membership will occur, no longer being an active employee with HONEY serves as your removal from mamahive.  You may re-join mamahive at any time, unless a Code of Conduct violation has been cited against you.