TERMS OF USE

1. INTRODUCTION

Welcome to The Momtographers website ("Site")! We are excited and delighted that you are joining our group of dedicated Momtographers.

Five Foot Zero, LLC and The Momtographers are collectively referred to herein as “The Momtographers,” "we," "us" or "our". PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SITE. By using our Site or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these terms of use (“Terms of Use”). If you do not agree to these Terms of Use, then you should probably not use the Site.

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. You acknowledge that such consideration includes your use of the Site and receipt of data, materials and information available at or through the Site.

2. SERVICES

Our Site provides users with access to many resources, including various forums, educational content and programming (the "Services"). You understand and agree that the Services may include advertisements and that these advertisements are necessary for us to provide the Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Terms of Use. You understand and agree that the Services are provided "AS IS" and that The Momtographers assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user submissions or settings on the Site.

3. PRIVACY POLICY

Registration data and certain other information about you are subject to our applicable privacy policy. For more information, please see the full Privacy Policy located on our Site. You understand that through your use of the Site and Services you consent to the collection and use of this personal information, including the possible transfer of this information to the United States and/or other countries for storage, processing and use by us and/or our affiliates.

4. USER ACCOUNT, PASSWORD AND SECURITY

You may receive a password and account designation upon completing our registration process. You are responsible for maintaining the confidentiality of any password and account information and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify The Momtographers 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. The Momtographers cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

5. USER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (collectively, “Materials”) that originate from users to the Site ("User Content") (whether publicly posted or privately transmitted) are the sole responsibility of the person from whom such User Content originated. This means that you, and not The Momtographers, are solely and entirely responsible and liable for all Materials that you upload, post, email, transmit, use or otherwise make available via the Site. By uploading or posting Materials to the Site, you represent that you own such Materials and have the right and authority to post such Materials on the Site. The Momtographers does not guarantee the ownership, accuracy, integrity or quality of such Materials and/or User Content. Under no circumstances will The Momtographers be liable in any way for any claims, losses or damages resulting from the Materials and/or User Content, including, but not limited to the following: the viewing, use of, and/or transmission of the Materials or User Content on or away from the Site; any errors or omissions in any Materials and User Content; any misrepresentation of the ownership of the Materials; and any actions incurred as a result of the viewing and/or use of any Materials and User Content posted, emailed, transmitted or otherwise made available via the Site and Services.

You agree not to use the Site and Services to:

a. upload, post, email, transmit or otherwise make available any Materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b. harm minors in any way;

c. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity or your ownership of any Materials;

d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Materials transmitted through the Site;

e. upload, post, email, transmit or otherwise make available any Materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

f. upload, post, email, transmit or otherwise make available any Materials that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

i. disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in exchanges;

j. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

k. intentionally or unintentionally violate any applicable local, state, national or international law;

l. "stalk" or otherwise harass another; and/or

m. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through l above.

You acknowledge and agree that The Momtographers and our designees shall have the right to remove any Materials and/or User Content that violates the Terms of Use or is otherwise objectionable in our sole discretion. You agree that you must evaluate and bear all risks associated with the use of any Materials and/or User Content, including any reliance on the ownership, accuracy, completeness, or usefulness of such Content.

You acknowledge, consent and agree that The Momtographers may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Use; (iii) respond to claims that any User Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of The Momtographers and/or users of the Site.

Any unauthorized reproduction, publication, further distribution or public exhibition of the Materials and/or User Content provided on the Site, in whole or in part, is strictly prohibited.

6. CONTRIBUTIONS TO THE SITE

By submitting photographs, images, ideas, suggestions, information, documents, and/or proposals ("Submissions") to the Site, you acknowledge and agree that: (a) your Submissions do not contain confidential or proprietary information; (b) The Momtographers is not under any obligation of confidentiality, express or implied, with respect to the Submissions; (c) The Momtographers shall be entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide; (d) The Momtographers may have something similar to the Submissions already under consideration or in development; and (e) you are not entitled to any compensation or reimbursement of any kind from The Momtographers under any circumstances in connection with your Submissions.

7. LICENSES AND REPRESENTATIONS

You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the "Submissions License").

By communicating a Submission, you represent and warrant that the Submission and your communication thereof conform to the rules of user conduct set forth herein and other requirements of these Terms of Use and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these terms of use (including the Submissions License). These Terms of Use (including the Submissions License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to Submissions.

You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms of Use.

To the extent any "moral rights," "ancillary rights," or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.

Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.

8. INDEMNITY

You agree to indemnify and hold The Momtographers and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User Content you submit, post, transmit, modify or otherwise make available through the Site and Services, your use of the Site and Services, your connection to the Site and Services, your violation of the Terms of Use, or your violation of any rights of another.

9. NO COMMERCIAL REUSE OF SITE AND SERVICES

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Site and Services.

10. MODIFICATIONS TO SITE AND SERVICES

The Momtographers reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site and/or Services (or any part thereof) with or without notice. You agree that The Momtographers shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site and/or Services (or any part thereof).

11. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that The Momtographers shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site and Services.

12. LINKS

The Site and Services may provide, or third parties may provide, links to other websites or resources. You acknowledge and agree that The Momtographers 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 The Momtographers 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.

13. PROPRIETARY RIGHTS

You acknowledge and agree that the Site, Services, all original content created by The Momtographers, and any necessary software used in connection with the Site and Services (collectively, "The Momtographers Content") is owned solely and exclusively by The Momtographers and contains proprietary information that is protected by applicable intellectual property, copyright, trademark, patent and other laws. You further acknowledge and agree that the content contained in advertisements or information presented to you through the Site and Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized in writing by The Momtographers or the applicable licensor (such as an advertiser), you agree not to use, modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform, reverse engineer, reverse assemble or create derivative works based on The Momtographers Content, in whole or in part.

14. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR ACCESS TO AND USE OF THE SITE, SERVICES, MATERIALS, USER CONTENT, AND MOMTOGRAPHERS CONTENT IS AT YOUR SOLE RISK, WITH ALL SUCH ITEMS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE MOMTOGRAPHERS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. THE MOMTOGRAPHERS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE MOMTOGRAPHERS CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND/OR SERVICES WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR SITE AND/OR SERVICES WILL MEET YOUR EXPECTATIONS.

c. ANY MATERIALS, USER CONTENT AND/OR MOMTOGRAPHERS CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND/OR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS, USER CONTENT AND/OR MOMTOGRAPHERS CONTENT.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE MOMTOGRAPHERS OR THROUGH OR FROM THE SITE AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

15. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE MOMTOGRAPHERS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE MOMTOGRAPHERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SITE AND/OR SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, SUBMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY OR USER ON THE SITE; OR (e) ANY OTHER MATTER RELATING TO THE SITE AND/OR SERVICES.

16. TRADEMARK INFORMATION

You agree that all of the trademarks, trade names, service marks and other logos and brand features, and product and service names that appear on the Site are trademarks and the property of The Momtographers and/or its affiliates (the "Marks"). Without prior written permission from the legal owners of the Marks, you agree not to display or use in any manner the Marks.

17. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

The Momtographers respects the intellectual property of others, and we ask our users to do the same. The Momtographers 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 us in writing and provide the following information:

a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

b. a description of the copyrighted work or other intellectual property that you claim has been infringed;

c. a description of where the material that you claim is infringing is located on the site;

d. your address, telephone number, and email address;

e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Adrienne Gray
c/o The Momtographers
112 South Dearborn St., Mobile, AL 36602

By phone: 251-432-9200
By fax: 251-432-9209
By email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

18. GENERAL INFORMATION

a. Entire Agreement. The Terms of Use constitutes the entire agreement between you and The Momtographers and governs your use of the Site and Services, superseding any prior version of this Terms of Use between you and The Momtographers with respect to the Site and Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other affiliate services, third-party content or third-party software.

b. Choice of Law and Forum. You and The Momtographers each agree that the Terms of Use and the relationship between the parties shall be governed by the laws of the State of Alabama without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms of Use, or the relationship between you and The Momtographers, shall be brought exclusively in the courts located in the county of Mobile, Alabama, or the U.S. District Court for the Southern District of Alabama. You and The Momtographers agree to submit to the personal jurisdiction of the courts located within the county of Mobile, Alabama or the Southern District of Alabama, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

c. Waiver and Severability of Terms. The failure of The Momtographers to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use 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 of Use remain in full force and effect.

d. Statute of Limitations. 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 Site and/or Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

e. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.