THIS AGREEMENT is made between Motherhood Diaries Ltd, whose registered office is 10 Cameron Crescent, Edgware, Middlesex HA8 0FN (“We/Us”) and
This Agreement shall govern any posting by You on www.motherhooddiaries.com (the “Website”) and any contributions which you make that has been written, developed and/or designed by you in whatever form (including without limitation updates) (“Your Contribution”).
For the avoidance of doubt, Your Contribution includes any information photographs, logos or other device which is printed on Your Contribution.
1. Your licence to Us
1.1 By the act of posting Your Contribution on the Website, You grant to Us a royalty free irrevocable licence throughout the world in all languages and formats for the full period of copyright and all renewals, revivals and extensions thereof (and thereafter, insofar as You are able, in perpetuity) to use and adapt Your Contributions as we deem appropriate in our sole discretion.
1.2 We shall be entitled to sub-licence the right to use and adapt Your Contributions to users of the Website.
1.3 You authorise Us in our sole discretion to make any editorial changes or deletions to Your Contributions which We consider necessary or desirable.
1.4 You hereby waive any and all moral rights to which you may be entitled.
2. Warranties and Indemnities given by You to Us
2.1 You warrant (in respect of each of Your Contributions) that:
- You are free to enter into this Agreement;
- Your Contribution is original and has not been copied wholly or in part from any other source;
- You are either the sole author/owner of Your Contribution or you are validly licensed to use Your Contribution in accordance with the terms of this Agreement;
- Your Contribution does not infringe the rights of any other person, is not defamatory, indecent and does not infringe any person’s rights of privacy;
- Your Contribution has been appropriately researched and is correct and accurate in all respects; and
- all statements purporting to be facts in Your Contribution are true.
2.2 You shall fully indemnify Us and hold Us harmless from any claims, liabilities and expenses (including without limitation legal expenses) arising directly or indirectly as a result of or in connection with any breach of the warranties given by You.
3.1 You warrant that all of Your personal data and contact details (“Your Personal Data”) which are submitted by You to register on the Website are accurate and complete. You also warrant to keep Your Personal Data up to date in the event that any details change.
3.2 In addition to demographic and profile data collected from the registration process, we may use Your Personal Data for the following purposes:
- To send you emails and information about the Website, including technical support and encouragement to use the Website;
- To provide us with information in order to develop the Website;
- To let you know about any changes to the Website; and
- To identify Your Contribution.
3.3 We shall not use Your Personal Data for any other reason other than set out in Clause 3.2 other than if we have to disclose Your Personal Data to comply with all applicable laws and lawful requests by appropriate authorities. In particular, We will not pass your data to other companies without your express prior written consent.
3.4 Unless there is a specific legal requirement to keep Your Personal Data, we will retain Your Personal Data for no longer than necessary for the purposes for which Your Personal Data has been collected or for which it is to be further processed.
3.5 We do not transfer data outside the European Economic Area.
3.6 If you want to know what personal information We hold about You, please email firstname.lastname@example.org Please give us any relevant details to help us find the information you require.
4. Third Party Websites
4.1 You are solely responsible for your use of any third-party websites or resources. Although the Websites contain links to third-party websites and resources, we do not endorse and are not responsible or liable for their availability, accuracy, or the related content, products, or services (including, without limitation, any viruses or other disabling features), nor do we have any obligation to monitor such third-party content.
5.1 Nothing in this Agreement will be deemed to create an employment partnership or joint venture between You and Us.
5.2 No failure or delay by Us in exercising Our rights under this Agreement will operate as a waiver of that right nor will any single or partial exercise by either party of any right preclude any further exercise of that right.
5.3 The rights and remedies under this Agreement are cumulative and in addition to any rights and remedies provided by law.
5.4 This Agreement and the documents referred to in it contain the entire agreement between You and Us relating to its subject matter and save in respect of any fraudulent misstatement supersede all prior representations, agreements, arrangements or understandings relating to such subject matter between the parties, whether written or oral. We and You acknowledge that we are not relying on any representation, agreement other than the agreements referred to in this Agreement, term or condition that is not set out in this Agreement.
5.5 If any provision or part of this Agreement is held to be invalid, amendments to this Agreement may be made by the addition or deletion of wording as appropriate to remove the invalid part or provision but otherwise retain the provision and the other provisions of this Agreement to the maximum extent permissible under applicable law.
5.6 We reserve the right to assign or otherwise transfer any rights or obligations under this Agreement. You are not entitled to assign or otherwise transfer any rights or obligations under this Agreement without the prior written consent of Us.
5.7 We and You agree that The Third Parties (Rights of Contract) Act 1999 shall not apply to this Agreement.
5.8 We shall be under no liability for any failure, delay or omission on our part if the same arises from any cause beyond our control including, but not limited to, Acts of God, acts or regulations of government or other authorities, war, fire, strikes or other industrial disputes, power failure, failure of telecommunication lines connections or equipment, of failure or defects in any hardware or software owned or supplied by third parties.
5.9 This Agreement shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts as regards any claim or matter arising in relation to this Agreement.
Your consent to this Agreement will be implied from the point you submit your first piece of content to Motherhood Diaries. Failure to comply with the terms above may lead to you and your posts being removed from the site.