HiveMoms Terms of Use

August 28, 2009

HiveMoms, Inc. ("HiveCo") operates HiveMoms.com, which is a service that facilitates the starting of and management of babysitting co-ops, as well as the finding of last-minute assistance for babysitting and other care needs. Features include (a) the ability to create a personal profile online (your "Profile"), part of which profile is made public (your "Public Profile"); (b) a system to automatically transfer points online between co-op members; (c) the ability to provide feedback; and (d) a last-minute-jobs forum.

HiveMoms is referred to as "the Website". Members of the Website are referred to as "the Member(s)". Non-Member visitors to the Website are referred to as "Visitors".

The services offered by HiveCo include any URL to the Website including but not limited to each member's private MyHive features or webpages, the public pages (defined below) and any other features, content or applications offered from time to time by HiveCo on or through the Website (collectively, the "Website Services").

1. Your Acceptance
   This Terms of Use Agreement ("this Agreement") govern your use of the Website. By using or browsing the Website, even without registering as a Member (i.e. as a Visitor), you are agreeing to abide by the terms of this Agreement. If you do not agree to be bound by this Agreement, you should leave the Website and discontinue use of the Website Services immediately. If you wish to become a Member, you must read this Agreement and indicate your acceptance during the registration process.
2. Modification of Terms of Use
   HiveCo may modify this Agreement from time to time and such modification shall take effect immediately upon posting by HiveCo on the Website. You agree that your continued use of the Website Services after the posting of a revised Agreement signifies your acceptance of the revised Agreement. In this regard, the onus is on you to review this Agreement regularly, to be updated on the changes.
3. Password
   When you register as a Member, you will be asked to choose a password. You are solely responsible for maintaining the confidentiality of your password, and for all activities that occur under your password or account. You agree not to disclose your password to anyone. You also agree never to use the account, username or password of another Member. You agree to (a) immediately notify HiveCo or the Website of any unauthorized use of your password or account, or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
4. Formation of Co-Ops
   You understand that the Website is not a babysitting or nanny service, nor is it a petcare or housecare service, and as such, HiveCo does not conduct background checks on any of the Members, nor screen them in any way to ensure their suitability as caregivers. Accordingly, HiveMoms provides no guarantee of the honesty, decency, timeliness, quality or standard of care provided between co-op members. You will rely on your own judgment when meeting Members and will assess if you trust them sufficiently to be start a co-op with them, or to join their co-op, or to place your child(ren), pet(s), home(s) and/or other property in their care. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against HiveCo with respect to your participation as a member of any co-op on the Website. HiveCo is in no way liable for any physical, mental or any other forms of personal injury or loss or damage of any kind resulting from Members' use of the Website Services.
5. Use by Members
   You understand that all data, information, text, feedback, posts, comments, web links, music, sound, photographs, graphics, messages, or other materials that Members upload onto the Website or transmit through the Website ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the contributing Member. HiveCo does not control the Content posted via the Website Services, and as such, does not guarantee the accuracy, integrity, decency or quality of such Content. You understand that by using the Website Services, you may be exposed to Content that is false, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against HiveCo with respect to such Content. HiveCo is in no way liable for any Content, including but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted or transmitted via the Website Services.
6. Your Access
   You are responsible for obtaining access to the Website Services, and that access may involve third-party fees (such as Internet Service provider or airtime charges). You are responsible for payment of those fees and are responsible for all equipment necessary to access the Website Services.
7. Your Honesty
   As a Member, you agree that you will:
   1. Provide honest feedback about other Members.
   2. Use kind language in providing your honest feedback.
8. Community Rules for Members
   As a Member, you hereby agree that you will not:
   1. Engage in conduct or behavior that puts the safety and well-being of children at risk.
   2. Engage in offensive or harrassing language or behavior, or unwanted physical contact.
   3. Make up negative feedback or otherwise abuse the HiveMoms feedback system.
9. Member's Submission to Feedback
   As a Member, you understand and agree that:
   1. By becoming a Member, you are joining a feedback community in which other Members with whom you have exchanged a care transaction may provide feedback about you and the care that you have provided for them.
   2. Such feedback will in turn be posted on your Public Profile and may be viewed by Members and Visitors.
   3. HiveCo will not investigate whether other Members have a legitimate basis for negative feedback, and we will not edit nor remove negative feedback by request.
   4. There is a risk that other Members may provide feedback about you that you consider false, offensive, indecent and objectionable. Without limiting the generality of Paragraph 5 above, you agree that this is a risk that you accepted when you became a Member, and therefore you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against HiveCo; and you will not ask HiveCo nor the Website to remove the negative feedback from your public Profile on the Website. Instead, you will endeavor to collect a large number of positive feedback from other Members, as a counter-balance to the negative feedback.
10. Other Prohibited Activity
    The following activities are prohibited on the Website:
    1. Use of any automated system, including without limitation, "bots" or "robots", "spiders" or "offline readers" to access the Website, with the exception of operators of public search engines for which the use of spiders is allowed for the sole purpose of and to the extent necessary for creating publicly available searchable indices of the materials;
    2. Interfering with, disrupting or creating an undue burden on the Website Services or the networks or services connected to the Website Services;
    3. Transmission of junk mail or unsolicited mass mailing, "spimming" or "spamming";
    4. Launching of computer viruses, bots, worms, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or computer network;
    5. Circumventing or attempting to circumvent any security technology or software that is part of the Website Services or the Website in general;
    6. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Members are able to type, or otherwise act in a manner that negatively affects other users' ability to use the Website;
    7. Collection of usernames, passwords, email addresses or other personally identifiable information of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website, or for any commercial purpose;
    8. Upload Content that endorses, encourages, indulges or promotes racial, religious or ethnic hatred, or that incites violent behavior that expresses such hatred.
    9. Impersonating or attempting to impersonate another Member, person or entity;
    10. Using the account, or password of another Member or disclosing your password to any person;
    11. Using any information obtained from the Website Services or from the Website in order to harass, abuse or harm another person, or attempting to do the same;
    12. Selling or transferring your Profile;
    13. Public posting of information that poses or creates a privacy or security risk to any person;
    14. Solicitation of passwords or personal identifying information for unlawful purposes;
    15. Commercial activities and/or sales without prior written consent from HiveCo such as contests, sweepstakes, barter, advertising or pyramid schemes; and
    16. Covering or obscuring advertisements on any page of the Website via HTML/CSS or any other means.
11. Reservation of Rights
    1. HiveCo assumes no responsibility for monitoring the Website for inappropriate language, conduct or Content that violates the Community Rules or falls within the other Prohibited Activities described above. If at any time HiveCo chooses, in its sole discretion, to monitor the Website, HiveCo nonetheless assumes no added responsibilities associated with such monitoring.
    2. HiveCo reserves the right, but not the obligation, to take measures against Members who violate the Community Rules or who engage in the other Prohibited Activities described above. This right will be exercised in HiveCo's sole discretion, and includes but is not limited to the reporting of suspicious activities or behavior to law enforcement authorities, the editing/deletion of Content generated by Members and the closing of Member Accounts.
    3. HiveCo reserves the right, in its sole discretion, to edit, delete, reject, or refuse to edit or delete any Content generated by Members, or to deny, restrict, suspend, or terminate Members' access to all or any part of the Website Services at any time, for any or no reason, with or without prior notice or explanation, and without liability.
12. Proprietary Rights To Content
    1. HiveCo does not claim ownership of Content that you post on or through Website Services. However, by so posting, you hereby grant to the Website and all the Members a limited license to use, modify, delete from, add to, publicly display, publicly perform, distribute and reproduce such Content solely for the purposes of viewing the Website, or using or carrying out the services associated with the Website. This license is a worldwide, irrevocable, royalty-free, non-exclusive and sublicensable license, which exists only for as long as the said Content remains posted on the Website. It will terminate at such time when either you or HiveCo delete the said Content from the Website. The exception to this limited license is the feedback provided by you for Members, which feedback is subject to an unlimited, worldwide, irrevocable, royalty-free, non-exclusive and sublicensable license for as long as the Website remain in existence.
    2. The Website Services contain Content generated by HiveCo ("HiveCo Content"). HiveCo Content is protected by copyright, trademark, patent, trade secret and other laws, and HiveCo owns and retains all rights in the HiveCo Content and the Website Services. HiveCo hereby grants you a limited revocable, non-exclusive and non-sublicensable license to reproduce and display the HiveCo Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Website Services.
    3. The Website contain Content generated by other members of the Website. Except as contemplated in the limited license described in sub-paragraph 12.1 above, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display or sell any such Content.
13. Protecting Copyright and other Intellectual Property
    HiveCo and the Website respect the intellectual property of others, we ask the same of our Members. If you believe that your work has been copied in a way that constitutes copyright infringement, please send to our Copyright Agent the following information:
    1. A description 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;
    2. A description of the website location of the claimed infringing material, in sufficient detail to enable us to locate the material;
    3. Your contact information, such as your address, telephone number and email address, in sufficient and accurate detail to permit us to contact you;
    4. 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;
    5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf; and
    6. Your physical or electronic signature.
    The above information should be sent to: Copyright Agent, HiveMoms, Inc. at 1821 S. Bascom Ave, #288, Campbell, CA 95008 or via email at copyright@HiveMoms.com.
14. Member Disputes
    You are solely responsible for your interactions with other members of the Website. HiveCo has no obligation to mediate, resolve or become involved in any way with disputes between you and other such members.
15. Privacy
    Use of the Website Services is governed by our Privacy Policy, the terms of which are incorporated into this Agreement.
16. Disclaimers
    1. The Website Services are provided "as-is" and HiveCo is not responsible for and makes no warranties, express or implied, as to the accuracy or reliability of the Content or HiveCo Content; the accuracy or efficacy of the Website's search algorithms; the accuracy and timeliness of delivery of invitations, messages, feedback, posts or comments; and the reliability of storage of any Content or personalized information or settings.
    2. HiveCo expressly disclaims any warranty of fitness of purpose or non-infringement, and does not guarantee, nor does it promise any specific results from use of the Website Services.
    3. HiveCo make no warranty that the Website Services will be uninterrupted, timely, secure or error-free.
    4. The Content on the Website that is generated by Members does not necessarily reflect the opinions or policies of HiveCo or the Website.
    5. HiveCo is not responsible for the language or conduct of any of the Members, whether online or offline, and Members are advised to take the normal online and offline safety precautions associated with meeting new people, in joining co-ops and in entrusting to others the care of children, pets, homes and/or other property.
    6. HiveCo is not responsible for any loss or damage, including personal injury or death, resulting from use of the Website Services or participation in an offline interaction with Members, or from any Content posted on or through the Website Services.
    7. Profiles may contain links to other websites apart from the Website. HiveCo is not responsible for the content or material on such third party websites, and the presence of such links should not be taken to imply that HiveCo or the Website has endorsed or approved the linked third party websites. Access to said linked websites is at the Member's own risk.
    8. HiveCo is not responsible for any third party advertisements that are posted on or through the Website Services, nor is it responsible for the goods or services provided by the advertisers.
    9. HiveCo is not responsible for any shutdown or sub-optimal use of the Website, which are caused by or related to or the result of the technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment and software; or traffic congestion on the Internet or on any of the Website Services.
    10. You agree that any material downloaded or otherwise obtained through the use of the Website Services is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims with respect to any damage to your computer system, internet access download or display device, or loss of data that results from the download of any such material.
    11. HiveCo is not responsible for any unauthorized access to or use of our secure servers and/or any and all personal information and financial information stored therein; any computer bugs, viruses, Trojan horses or the like which may be transmitted to or through the Website by one or more Members or by a third party.
17. Limitation on Liability
    IN NO EVENT SHALL HIVECO, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR PHYSICAL INJURY, LOSS OF LIFE, LOSS OF REPUTATION, GOODWILL, USE, CONFIDENTIAL DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HIVECO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RELATED TO OR RESULTING FROM (a) YOUR USE OF OR YOUR INABILITY TO USE THE WEBSITE AND THE WEBSITE SERVICES, (b) YOUR ONLINE AND FACE-TO-FACE INTERACTION WITH MEMBERS OF THE WEBSITE; AND (c) YOUR USE OF THE WEBSITE SERVICES TO PARTICIPATE IN BABYSITTING AND OTHER CO-OPS WITH OTHER MEMBERS OF THE WEBSITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HIVECO'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 HIVECO FOR THE WEBSITE SERVICES DURING THE TERM OF MEMBERSHIP.
18. Choice of Law and Forum
    This Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions. You and HiveCo agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California or the U.S. District Court for the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such court.
19. Indemnity
    You agree to indemnify and hold HiveCo and its subsidiaries, affiliates, and their respective officers, agents, employees, partners and licensors harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (a) your use of the Website Services in violation of this Agreement; (b) a breach of this Agreement; (c) any Content that you generated on or through the Website Services which causes HiveCo to be liable to another; and/or (d) your violation of any third party right which causes HiveCo to be liable to another.
20. Entire Agreement
    This Agreement constitutes the entire agreement between you and HiveCo and governs your use of the Website Services, superseding any and all prior versions of this Agreement. No advice or information, whether verbal or written, obtained by you from HiveCo, or through or from the Website, shall create any warranty not expressly stated in this Agreement.
21. Waiver and Severability
    The failure by HiveCo to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.
22. Assignment
    The terms of this Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HiveCo without restriction.
23. Term
    This Agreement, as amended from time to time, shall remain in full force and effect during the time that you are a Member of the Website or a user of any of the Website Services. If your Membership or use is terminated, whether by you or by HiveCo, paragraphs 4, 5, 9.4-9.5, 11-12, 14, 16-21 and 23-24 of this Agreement will continue to remain in effect.
24. Miscellaneous
    The section titles in this Agreement are for convenience only and have no legal or contractual effect.