PRIVACY POLICY

Mama’s Blessings (mamasblessings.ca) uses the information collected from your interaction with the Mama’s Blessings service solely for the purposes of providing our the Inspirational Note service. The information will not be provided, sold, licensed, rented, assigned or disclosed to Third Parties, except as required by law, nor will we use your information to initiate a call or Email / Inspirational Note or text message to you that goes beyond the normal daily notes or basic administrative functions. Mama’s Blessings.ca stores information for basic administrative purposes and only so that Email / Inspirational Note subscriptions and various notices can be sent out. Mama’s Blessings does not give out contact information to anyone. You will only receive administrative messages from Mama’s Blessings that is knowingly and voluntarily subscribed to. The information we automatically collect is that related to the use of our messaging services. Mama’s Blessings (mamasblessings.ca) uses data to analyze the message traffic in order to operate, develop and improve our messaging / Inspirational Note Service.
Last updated on Aug 23rd, 2010.

TERMS AND CONDITIONS

This document provides the Terms and Conditions for the Mama’s Blessings (mamasblessings.ca) Messaging Service (Email / Inspirational Note) (hereafter, the "Service"). By using the Service in any way, you are agreeing to comply with the Terms and Conditions. In addition, when using the Services, you agree to abide by any applicable posted guidelines for all Services which may change from time to time. Should you object to any term or condition of the Terms and Conditions, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service. This is the Service Agreement defining the terms and conditions that govern your use of the Mama’s Blessings messaging service. If you are under the age of thirteen (13), we ask that you please check with your parent or guardian before agreeing to utilize this Service and ask them to explain the Terms and Conditions and any aspects that you might not completely understand. Mama’s Blessings may provide you with notices, including those regarding changes to the Terms and Conditions, including by but not limited to email, regular mail, voice call, Email / Inspirational Note, MMS, text message, postings on the Mama’s Blessings Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate these Terms and Conditions by accessing the Mama’s Blessings Services in an unauthorized manner. Your agreement to the Terms and Conditions constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Mama’s Blessings Services in an authorized manner.

A.

Information about you is protected with our privacy policy Any registration data or certain other information about you is subject to our Privacy Policy.

B.

No unlawful or harmful use of the service You will not use the Service in any way that is unlawful or harms any customer of the Mama’s Blessings or any affiliates, as determined by Mama’s Blessings's sole discretion. Mama’s Blessings may tell you about certain specific harmful uses in a code of conduct or other notices available through the Service, but has no obligation to do so. You may not use the Service in any way that breaches any code of conduct or other notice applicable to the Service.

C.

Your Registration Obligations: In consideration of your use of the Mama’s Blessings Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Mama’s Blessings Services under the laws of Canada or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Mama’s Blessings Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Mama’s Blessings has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mama’s Blessings has the right to suspend or terminate your account and refuse any and all current or future use of the Mama’s Blessings Services (or any portion thereof) You will receive a password and account designation upon completing the Mama’s Blessings Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Mama’s Blessings 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. Mama’s Blessings cannot and will not be liable for any loss or damage arising from your failure to comply with this obligation.

D.

You agree to supervise the use of the service by your children. Mama’s Blessings (mamasblessings.ca) is concerned about the safety and privacy of all its users, particularly children. Children under the age of thirteen (13) years old are not permitted to use the Service. However, parents and guardians who wish to allow their children under the age of thirteen years old (13) to access the Service should assist them in setting up any relevant accounts and supervise their use of the Service at all times.

E.

Account Holders (main registrants) are responsible for the subscribers they gift the Service to, who in turn are responsible for verifying their subscriptions out of their own free will to accept or deny the Gift of the Service. All recipients acknowledge that the content sent to inboxes, mobile phone or device ("Content"), is the sole responsibility of the Account Holder who has paid for the Service and the Subscribers who have decide whether to accept the Service as a gift. Mama’s Blessings makes no representation or warranty (express or implied) as to the accuracy, completeness or authenticity of the information contained on the Service. All users agree to evaluate, and bear all risks associated with, the use of any Content, that may not rely on said Content, and that under no circumstances will Mama’s Blessings be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Service. All users acknowledge that Mama’s Blessings does its best to pre-screen or approve Content, but that Mama’s Blessings shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms and Conditions or for any other reason. Under no circumstances will Mama’s Blessings be liable in any way for any circumstances, including, but not limited to, errors or omissions of any Content, loss or damage of any kind incurred as a result of the use of any Content made available to you via the Service. You agree that the Mama’s Blessings Service: 1. will not be used to send content to another person that may be viewed as unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 2. will not be used to send content that is harmful to minors in any way; 3. will not be used to impersonate any person or entity, including, but not limited to, an Mama’s Blessings company official, officer, employee, representative, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; 4. will not be used to forge headers or otherwise manipulate identifiers in order to disguise the origin of any identity used to transmit message through the Service to another; 5. will not be used to send content to others that may be deemed as unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation; 6. will not be used to interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; 7. will not be used to intentionally or unintentionally violate any applicable local, state, national or international law. 8. will not be used to stalk or otherwise harass another; 9. will not be used to harvest or otherwise collect or store personal data about other users; Any personal information obtained by Mama’s Blessings will not be provided, sold, licensed, rented, assigned or disclosed to Third Parties, except as required by law, nor will we use your phone number to initiate a call or Email / Inspirational Note text message to you without your express or implied prior consent (See Mama’s Blessings 's Privacy Policy). You acknowledge, consent and agree that Mama’s Blessings may access, preserve, and disclose your personal information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Mama’s Blessings, its users and the public. You understand that the technical processing and transmission of the Service, including your provided information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

F.

Spam is prohibited and causes damage We Hate Spam. Everyone does. You understand that the Mama’s Blessings Service and software embodied within the Mama’s Blessings Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Mama’s Blessings and/or content providers who provide content to the Mama’s Blessings Services. You may not attempt to override or circumvent any of the usage rules embedded into the Mama’s Blessings Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Mama’s Blessings Services, in whole or in part, is strictly prohibited. Without limiting the generality of use of the Service, you will not use the Service to transmit, either directly or indirectly, any unsolicited bulk mobile messages or unsolicited commercial mobile messages. Mama’s Blessings may only be used to connect those whom you wish to gift the Service to ( and who subsequently verify and allow the Service to send them the notes). You will not use the Service in any way that violates Mama’s Blessings 's Anti-Spam Policy. Such violations may subject the sender and his or her agents to civil and criminal penalties.

G.

Mama’s Blessings (mamasblessings.ca) is not responsible for linked resources The Service may provide, or third parties may provide links to other Web sites or resources. Because Mama’s Blessings has no control over such sites and resources, you acknowledge and agree that Mama’s Blessings is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Mama’s Blessings shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

H.

Management of amount of messages is highly regulated. You understand and agree to receive the normal of the amount of messages sent through the Service. You may opt-out of this Service, at any time and for any reason, by logging into your account and either canceling your subscriptions or closing your account.

I.

You may be charged a fee for message delivery by your network operator You understand and acknowledge that your use of the Service from a terminal such as a personal computer or a mobile device is subject to any agreements with your network service provider and any fees they may charge, including but not limited to the fees for access or Content delivery. Mama’s Blessing and the Service are in now way responsbile for this additional message delivery fee.

J.

Access from or delivery to mobile network is not guaranteed Service or Content access or delivery to a mobile device may fail due to circumstances or conditions beyond Mama’s Blessings 's control. The Service may not retry delivery to your mobile device. You agree and acknowledge that a delivery attempt from the Service or Mama’s Blessings 's server shall be accepted as the agreed and acceptable provision of the agreed Service regardless of whether the intended delivery was actually successful. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of the Mama’s Blessings 's control and influence and that Mama’s Blessings may not be able to assist in resolution of such problems. You agree that Mama’s Blessings is not responsible for your use of the service outside of Mama’s Blessings servers and is not responsible or liable for problems arising in the network outside of Mama’s Blessings 's servers.

K.

Your service may be limited by your operator or your device You agree and accept that your use of the Service may be limited by your network operator or by the capabilities or capacities of your terminal or mobile device. The Mama’s Blessings may implement protective mechanisms in the Service to ensure that you may not initiate a service that your network or your device cannot support. Any such protective mechanism relies on publicly available information about your registered mobile network operator and device and information and, as such, may not be accurate.

L.

Mobile network operators may not support prepaid users You acknowledge that certain operators do not support or offer certain mobile network services, such as delivery of messaging and mobile Internet access, to users of their prepaid services. You understand and agree that the Service may not, in part or in whole, be available to you if you have such prepaid service and your mobile network operator does not support required mobile network services required for the Service.

M.

Mama’s Blessings's PROPRIETARY RIGHTS You acknowledge and agree that the Mama’s Blessings Services and any necessary software used in connection with the Mama’s Blessings Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in the Messages and other information presented to you through the Mama’s Blessings Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Mama’s Blessings or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Mama’s Blessings Services, such Content or the Software, in whole or in part.
Mama’s Blessings grants you a personal, non-transferable and non-exclusive right and license to view the Service messages provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code or Mama’s Blessings ID, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Service Messages in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Mama’s Blessings Services. You agree not to access the Mama’s Blessings Services by any means other than through the interface that is provided by Mama’s Blessings for use in accessing the Mama’s Blessings Services.

N.

Trademark Information & Intellectual Property You agree that all of Mama’s Blessings's trademarks, trade names, service marks and other Mama’s Blessings logos and brand features, and product and service names are trademarks and the property of Mama’s Blessings. Without Mama’s Blessings 's prior permission, you agree not to display or use in any manner the Mama’s Blessings Marks. Mama’s Blessings respects the intellectual property of others, and we ask our users to do the same. Mama’s Blessings may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact Mama’s Blessings (see contact Link in footer of all pages).

O.

Miscellaneous legal provisions Indemnity. You agree to indemnify and hold Mama’s Blessings's officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms and Conditions, your breach of any of the representations and warranties herein, or your violation of any rights of another. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL Mama’s Blessings BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Mama’s Blessings HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF Mama’s Blessings'S SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF Mama’s Blessings'S SERVICE, FROM INABILITY TO USE Mama’s Blessings'S SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF Mama’s Blessings'S SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH Mama’s Blessings'S SERVICE OR ANY LINKS ON Mama’s Blessings'S WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH Mama’s Blessings'S SERVICE OR ANY LINKS ON Mama’s Blessings'S WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. General Information and Jurisdiction. The Terms and Conditions constitute the entire agreement between you and Mama’s Blessings and govern your use of the Service, superseding any prior agreements between you and Mama’s Blessings. The Terms and Conditions and the relationship between you and Mama’s Blessings shall be governed by the laws of the Province of Ontario and Canadian Federal Law without regard to its conflict of law provisions. You and Mama’s Blessings agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Hamilton, Ontario. The failure of Mama’s Blessings to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions 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 the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.