TERMS OF SERVICE FOR FREE BIRTH SOCIETY MEMBERSHIP
Please read the following terms of service agreement carefully. By accessing or using our sites and our services, you hereby agree to be bound by the terms and all terms incorporated herein by reference. It is the responsibility of you, the user, customer, or prospective customer to read the terms and conditions before proceeding to use this site. If you do not expressly agree to all of the terms and conditions, then please do not access or use our sites, or our services. This Terms of Service agreement is effective as of 5/20/2021.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Free Birth Society, also known as FBSM, located at 30 N Gould St, Sheridan, Wyoming 82801 and our subsidiaries and affiliates, in association with the use of the FBSM website, which includes Free Birth Society Membership, (the "Site") and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The FBS Membership includes an online discussion website which has the following description: To provide community, friendship, and information to our members.
Any and all visitors to our site shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS. The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Free Birth Society. At its discretion, Free Birth Society may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/ or products and any and all updated, modified or revised Services unless otherwise stipulated. Free Birth Society does hereby reserve the right to cancel and cease offering any of the Services and/or products referenced in this Agreement. You, as the end user acknowledge, accept and agree that Free Birth Society shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith. Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such Free Birth Society shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
Upon registration, you hereby acknowledge that by using Free Birth Society Membership to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Free Birth Society shall not lay claim to ownership of any content submitted by any visitor or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Free Birth Society the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
- a) The content submitted or made available for inclusion on the publicly accessible areas of Free Birth Society's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Free Birth Society's sites and shall terminate at such time when you elect to discontinue your membership.
- b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Free Birth Society's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Free Birth Society's sites and shall terminate at such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of Free Birth Society's sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed "publicly accessible" areas of Free Birth Society's sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to users. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.
You agree that you will not submit any content that is false or designed to disparage Free Birth Society, any Free Birth Society products or offerings, or Emilee Saldaya, including, but not limited to, any remark, comment, message, information, declaration, campaign, communication, and/or other statement of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably be construed to be derogatory, defamatory, libelous, or slander.
CONTRIBUTIONS TO COMPANY WEBSITE
Free Birth Society provides an area for our users to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:
- a) your contributions do not contain any type of confidential or proprietary information;
- b) FBSM shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
c) FBSM shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
d) The contributor’s Contributions shall automatically become the sole property of FBSM and
e) FBSM is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
Users agree to defend, indemnify, and hold Free Birth, our subsidiaries, affiliates, officers, agents, employees, partners, licensors, and service providers harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms of Service, (c) your violation of applicable laws or regulations, or (d) your content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to FBSM's sites.
Free Birth Society shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Free Birth Society shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either Free Birth Society or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Free Birth Society shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resource.
You do hereby acknowledge and agree that Free Birth Society's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Free Birth Society or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Free Birth Society Services (e.g. Content or Software), in whole or part. Free Birth Society herein has granted you a personal, non- transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Free Birth Society for use in accessing our Services.
You herein expressly acknowledge and agree that:
- You are using Free Birth Society services and software at your own discretion and risk. Our services shall be provided on an as is and/or as available basis. Free Birth Society expressly disclaim any and all warranties of any kind whether expressed or implied, including but not limited to any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
- Free Birth Society make no such warranties that (i) Free Birth Society services will meet your requirements; (ii) Free Birth Society services shall be uninterrupted, timely, secure, or error-free; (iii) That such results which may be obtained from the use of the Free Birth Services will be accurate or reliable; (iv) Quality of any products, services, any information or other material which may be purchased or obtained by you through our services will meet your expectations; and (v) That any such errors contained in the software shall be corrected.
- Any information or material downloaded or otherwise obtained by way of Free Birth Society services shall be accessed by your sole discretion and sole risk, and as such you shall be solely responsible for and hereby waive any and all claims and causes of action with respect to any outcomes and decisions you do or do not make.
LIMITATION OF LIABILITY
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) FREE BIRTH SOCIETY, ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, OR LICENSEES SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF THIS TOS, (II) YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE MEMBERSHIP. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
In the event you have a dispute, you agree to release Free Birth Society (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
Free Birth Society may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You agree that as a user you may have access to Content that is proprietary to Free Birth Society and/or their licensors and is protected by copyright, trademark and other applicable intellectual property laws. Duplicating, sharing or uploading any product Content, including to any sharing or social media sites is considered theft, and Free Birth Society will prosecute such misconduct to the fullest extent permitted by law. Your membership is solely for your personal, non-commercial use, and you agree that you will not use such proprietary Content in any way whatsoever, except for use in compliance with this Agreement. You will not use the Content in a manner that constitutes an infringement of Free Birth Society rights or that has not been authorized in writing by First Birth Society. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any Content. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, noncommercial use, provided that you keep intact all copyright, trademark, and other proprietary notices.
TO BE CLEAR: Please be aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works infringe on any of Free Birth Society’s intellectual property in any way.
Trademarks, service marks, graphics, and logos used in connection with the Content are common law trademarks or registered trademarks of the Free Birth Society. You are granted no right or license with respect to any of the aforesaid trademarks.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT NOTICE & PROCEDURES
Free Birth Society will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Free Birth Society may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others.
This TOS constitutes the entire agreement between you and Free Birth Society and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Free Birth Society Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Free Birth Society Services, affiliate Services, third-party content or third-party software.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by, construed and enforced in accordance with the laws of the state of Colorado, United States of America, without regard to the conflict of laws principles thereof. The Parties agree that personal jurisdiction shall exist in Colorado and that the State of Colorado shall have subject matter jurisdiction over any issues arising from interpretation or enforcement of this Agreement. Any lawsuits arising out of this Agreement shall be brought in Clay County, North Carolina, USA.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 1 year after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to Free Birth Society:
Free Birth Society
30 N Gould St
Sheridan, Wyoming 82801
Email: [email protected]