Terms of Use

The following Terms of Use outline your obligations when using the Pregnancy Symptoms Week by Week (PSWBW) website. You can also review our Privacy Policy, which outlines our practices towards handling any personal information that you provide to us.

The web pages available at PregnancySymptomsWeekByWeek.org, and all linked pages associated with the ("Site"), are owned and operated by Pregnancy Symptoms Week by Week (PSWBW) and is accessed by you under the Terms of Use described below.
Please read these Terms of Use carefully before using the services. By accessing this site or using any part of the site or any content or services on the site, you agree to become bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not access the site or use the content or any services in the site. PSWBW's acceptance is expressly conditioned upon your assent to all of these terms and conditions.

Subject to full compliance with the Terms of Use, PSWBW may offer to provide certain services and content, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service and content PSWBW performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, and video clips, also known as the "Content"). PSWBW may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. PSWBW may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

As a condition to using Services, you are required to register with PSWBW and select a password and username ("PSWBW User ID"). You shall provide PSWBW with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your PSWBW account. You may not (i) select or use as a PSWBW User ID a name of another person with the intent to impersonate that person; (ii) use as a PSWBW User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a PSWBW User ID a name that is otherwise offensive, vulgar or obscene. PSWBW reserves the right to refuse registration of, or cancel a PSWBW User ID in its discretion. You shall be responsible for maintaining the confidentiality of your PSWBW password.
Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by PSWBW.
By way of example, and not as a limitation, you agree not to use the Services:
a. to abuse, harass, threaten, impersonate or intimidate other PSWBW users;
b. to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party;
c. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
d. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any PSWBW user;
e. to create or submit unwanted email ("Spam") to any other PSWBW users or any URL;
f. to violate any laws in your jurisdiction (including but not limited to copyright laws);
g. to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
h. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
i. with the intention of artificially inflating or altering the 'PSWBW count', blog count, comments, or any other PSWBW service, including by way of creating separate user accounts for the purpose of artificially altering PSWBW's services; giving or receiving money or other remuneration in exchange for votes; or participating in any other organized effort that in any way artificially alters the results of PSWBW's services;
j. to advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
k. attempt to impersonate another user or person;
l. sell or otherwise transfer your profile.
PSWBW may remove any Content and PSWBW accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all if the Content is located on PSWBW's servers. To report Terms of Use abuse, please email: PregnancySymptomsWeekByWeek.org@gmail.com
You are solely responsible for your interactions with other users of the Site. PSWBW reserves the right, but has no obligation, to monitor disputes between you and other users.

By uploading or submitting Community Content to PSWBW's servers for display on the Site, you represent and warrant that you own all rights in the Content and you agree that the Content will be dedicated to the public domain under the Creative Commons Public Domain Dedication, available at http://creativecommons.org/licenses/publicdomain/. For clarity, the foregoing does not apply to the Content on any external sites to which the Services link.

In accordance with the Digital Millennium Copyright Act, all intellectual property (content, photos, etc.) created by PSWBW and located on the PSWBW site is copyright protected and is not permitted for use without the expressed written consent of PSWBW.

PSWBW respects the intellectual property of others. It is PSWBW's policy to respond to claims of copyright and other intellectual property infringement if the Content is stored and served from PSWBW's servers. PSWBW will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA"). Upon receipt of notices complying with the DMCA, PSWBW may remove or disable access to any material.
Notifying PSWBW of Copyright Infringement: To provide PSWBW notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of PregnancySymptomsWeekByWeek.org@gmail.com. Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org. Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
Providing PSWBW with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected content. If you feel that your material does not constitute infringement, you may provide PSWBW with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at PregnancySymptomsWeekByWeek.org@gmail.com. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

PSWBW's current privacy policy is available at PregnancySymptomsWeekByWeek.org/privacypolicy (the "Privacy Policy"), which is incorporated by this reference.

You will indemnify and hold harmless PSWBW, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or PSWBW User ID, of any intellectual property or other right of any person or entity.

You acknowledge that PSWBW has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release PSWBW from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. PSWBW makes no representations concerning any content contained in or accessed through the Site or Services, and PSWBW will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. The Service, Content, and Site are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because PSWBW has no control over such sites and resources, you acknowledge and agree that PSWBW 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 PSWBW 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.

In no event shall PSWBW or its suppliers be liable under contract, tort, strict liability, negligence or other legal theory (i) with respect to the Site, the Service or any Content for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), or (ii) for any direct damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

PSWBW may terminate or suspend any and all Services and your PSWBW account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your PSWBW account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind PSWBW in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. PSWBW shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond PSWBW's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with PSWBW's prior written consent. PSWBW may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof.