MomsBloom Terms of Service

Sponsor Agreement Terms of Service

Welcome to MomsBloom’s Mother’s Day Giveaway. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE. BY INTERACTING WITH THIS SITE, YOU ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF SERVICE, WITHOUT LIMITATION OR QUALIFICATION. IF AFTER READING THIS AGREEMENT, YOU DO NOT WISH TO AGREE TO ALL OF THE TERMS OF SERVICE, PLEASE DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED THEREIN.

General

Sponsor understands and agrees that the right to hold a Giveaway on MomsBloom’s site (the “Giveaway”) is provided to him/her exclusively under this Sponsor Terms of Service. By completing the registration process, Sponsor is stating that he/she has read and understands the Sponsor Terms of Service, and that he/she agrees to be bound by them. MomsBloom may modify this Sponsor agreement at any time, and may terminate Sponsor's use of the site or otherwise revise any or all aspects of the Giveaway in its sole discretion and without prior notice. Sponsor's continued use of the Site now, or following the posting of notice of any changes in this Sponsor Agreement, will constitute a binding acceptance by Sponsor of such rules, changes or modifications.

Disclaimer of Warranty; Limitation of Liability

SPONSOR EXPRESSLY WAIVES ALL CAUSES OF ACTION, CLAIMS AND/OR LIABILITIES OF MOMSBLOOM RELATED TO SPONSOR’S PROVISION OF GOODS AND/OR SERVICES THROUGH MOMSBLOOM’S SITE (THE “GIVEAWAY”), INCLUDING, BUT NOT LIMITED TO ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, EXTRAORDINARY, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, LOSS OF DATA, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF SPONSOR’S ACTIONS RELATED TO THE GIVEAWAY, INTERACTIONS WITH THE WINNER OF THE GIVEAWAY AND/OR USE OF INFORMATION PROVIDED TO IT BY MOMSBLOOM IN CONNECTION WITH THE GIVEAWAY. NEITHER MOMSBLOOM NOR ANY OF THEIR INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE GIVEAWAY WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES PUBLISHER, NOR ANY OF THEIR INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM THE GIVEAWAY. THE ABILITY TO USE

MOMSBLOOM’S SITE AND/OR PROVIDE THE GIVEAWAY IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER MOMSBLOOM NOR ANY OF THEIR INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (A) DAMAGES RESULTING FROM ANY ACCESSING, ALTERING, OR DESTROYING OF DATA; (B) DAMAGES FROM THE INACCURACY OF THE SOFTWARE EITHER NOW OR IN THE FUTURE; (C) DAMAGES FROM LOSS OF BUSINESS, PROFITS, OR BUSINESS OPPORTUNITIES; (D) DAMAGES FROM THE INTRODUCTION OF COMPUTER VIRUSES; OR (E) LOSSES FROM INTERRUPTION, TERMINATION, OR FAILED OPERATION OF THE INTERNET, PRIVATE INTRANET OR OF THIRD PARTY TELECOMMUNICATION SERVICES. To the maximum extent permitted by applicable law, in no event will MomsBloom be liable to Sponsor or any third party in contract, in tort (including for its own negligence) or under any other legal theory (including strict liability) for any damages, including, without limitation, direct, indirect, extraordinary, exemplary, incidental, special, punitive, consequential or similar damages, including, without limitation, business interruption, loss of data, lost profits or revenues, loss of use or similar economic loss, arising out of the Giveaway. Sponsor acknowledges that the content on the Giveaway, by its nature, may involve a level of risk, including, without limitation, personal injury, property damage or other dangers. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of the Giveaway and content therein, under any legal theory or cause of action.

Indemnification

Sponsor agrees to indemnify, defend and hold harmless MomsBloom, its affiliates, licensors, officers, directors, employees, consultants, licensees and agents from and against any and all claims, demands, liability, damages and/or costs (including, but not limited to, investigation and attorneys' fees) arising from Sponsor's use or any user of Sponsor's account of the Giveaway or content therein, their violation of the Terms of Service, or their infringement, or infringement by any other user of their account, of any intellectual property or other right of any person or entity.

Miscellaneous

The Terms of Service will inure to the benefit of MomsBloom's successors and assigns. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by MomsBloom. If any provision of these Terms of Service is held by a court of competent

jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of MomsBloom to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by MomsBloom in writing. These Terms of Service constitute the entire agreement between Sponsor and MomsBloom with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding this subject matter. MomsBloom can revise these Terms of Service at any time without notice by updating this posting, and Sponsor agrees that their continued use of the Service after such revisions have been posted constitutes their acceptance of such revised Terms of Service. Neither party may assign or transfer this Agreement to any other person or entity without the prior written consent of the other party, (which consent shall not be unreasonably withheld), provided however that MomsBloom may assign the Agreement to another entity: (i) owning a majority of its outstanding stock; (ii) into which it merges, or (iii) which acquires all or substantially all of its assets. The provisions of this Terms of Service are for the benefit of MomsBloom and their contractors, information providers, service providers, licensors, employees, licensees and agents; and each shall have the right to assert and enforce such provisions directly on its own behalf. Any acknowledgment of an e-mail or other communication from Sponsor that is in any way inconsistent with, or adds to, the provisions of these Terms of Service is null and void. Neither the course of conduct between parties nor trade practice shall act to modify the provisions of these Terms of Service. Any obligations or duties which by their nature extend beyond the termination of these Terms of Service shall survive any expiration or termination of these Terms of Service. MomsBloom and/or third parties may from time to time send e-mail messages to Sponsor containing advertisements, promotions and other such information. MomsBloom makes no representation or warranty with respect to the content of such email messages or any goods or services which may be obtained from such third parties, and Sponsor agrees that neither MomsBloom nor such third party shall have any liability with respect thereto. Recognizing the above, Sponsor chooses to voluntarily enter this space and to hold the Giveaway and to not hold MomsBloom responsible for any action or inaction on either of their parts. Sponsor chooses to use the service and to abide by the terms and conditions set forth here.