TERMS AND CONDITIONS

OvuFriend – Our Policy

Before you become a registered or non-registered user (User) of OvuFriend.com (Website), we advise you to carefully read our Terms and Conditions and Privacy Policy, which define the rules of using our Website. It is required to accept them during the registration process.

For those of you who wish to use the publicly available resources at OvuFriend.com without registration, using the Website is tantamount to accepting the Terms and Conditions and Privacy Policy to the extent applicable to such a form of using OvuFriend.com.

The OvuFriend Website is not directed to persons younger than 18 and is offered only to users 18 years of age or older. If you are under 18 years old, please do not register nor use the Website. Any person who registers with the Website or uses the Website without registration represents to the Administrator (as defined below) that she is 18 years of age or older.

 

General Provisions

1.       The Website aims to provide its Users, interested in the issues of pregnancy and maternity, with electronic tools for observation, analysis, or sharing of an individual menstrual cycle or the course of pregnancy, electronic tools for browsing and searching the chart database and test database (Tools) as well as access to informational content (Knowledge Base).

The Website also provides community-based functionalities in the form of Journals with a comments section, Forum, Charts on the wall, as well as social networking functionalities (Community Area).

2.       The Website (including but not limited to the Tools and their output, Knowledge Base, Content [as defined below]) DOES NOT PROVIDE MEDICAL ADVICE and is for informational purposes only. It is not intended and must not be treated as a substitute for professional medical advice, analysis, diagnosis, or treatment.

3.       The Tools provided by the Website are intended to help the User in becoming pregnant, but they do not guarantee a pregnancy. In particular, the Website’s Tools ARE NOT INTENDED TO BE USED AS A CONTRACEPTIVE METHOD. The User must not use the Website to determine days of low fertility.

4.       The Administrator does not endorse, recommend or in any way support any specific brand, product, medication, test, procedure, opinion or any other information in any form mentioned on the Website.

5.       The Website is operated under license by New Idea LLC (Administrator).

6.       Using the Website requires Internet access and a web browser which supports Flash and JavaScript, and may also require acceptance of cookie files.

 

User Registration

7.       Access to different parts of the Website requires User registration (Registration). Certain elements of the Website, including the ability to browse the Knowledge Base or its parts, as well as some of the content posted on the Website by Users (maintaining their preferences in terms of privacy), are publicly available to all Internet users (without Registration). In such a case, the actual use of the Website by the User who did not register, to that limited extent, is tantamount to acceptance of these Terms and Conditions and Privacy Policy.

8.       The User can only have one profile on the Website. Multiple registrations of the same User on the Website is not allowed and is a violation of the Website's Terms and Conditions.

9.       In order to register, the User shall fill out a registration form available at OvuFriend.com, accept these Terms and Conditions and Privacy Policy, and then activate her account on the Website via a link sent by the Administrator to the email address provided by the User.

10.    During the registration process, the User provides a password which grants access to User’s account on the Website. It is the sole responsibility of the User to:

a)       choose a strong password (minimum of 7 characters including lowercase and uppercase letters and numbers);

b)       use caution when entering the password each time she logs in to the Website, especially on publicly available computers;

c)       control the dissemination of the password and other login information;

d)       promptly inform the Administrator through the Feedback message on the Website if the password has been compromised or for some reason needs to be deactivated. The Administrator reserves the right to refuse such a request at its sole discretion.

11.    After registering, the User gains access to the full functionality of the Website, depending on the previously selected Basic Membership or Premium Membership option. The Administrator may grant User access to Premium Membership free of charge for a limited period of time.

12.    As a result of the registration, a profile is created with some information about the User which she can freely edit, delete, or decide when it becomes available. The User can also use an avatar or an image in her profile. During the first active use (e.g., adding entries, comments) of the Community Area (e.g., the Forum, the Journals, comments section) the User is required to create her own, unique nickname.

13.    The User's privacy and personal data protection is determined by the Privacy Policy.

14.    Upon Registration, the User declares that:

a)       she has acknowledged and accepted without exception the contents of the Terms and Conditions and the Privacy Policy;

b)       she agrees to the publication of her nickname and her entries in the Journals and the Forum, including their retention within the Website after the User's resignation from the Website as determined by the Privacy Policy;

c)       each time she finishes her menstrual cycle using the Tools and the chart is eligible for publication, she shall decide about its anonymous publication on the Website for educational and illustrative purposes for other Users. Once the decision is made, the agreement for the publication of the aforementioned content shall remain in force even after the User's resignation from the Website;

d)       she agrees to the processing by the Administrator, its subsidiaries, joint ventures, or other companies under common control as well as by its licensors or licensees of her personal data, including data entered in the Tools, now and in the future, for the purpose of keeping the Website accurate and attractive, improving the services offered by the Website, as well as for commercial use.

 

Pricelist and Payments

15.    Using the Website on a basic level is free of charge (Basic Membership). Access to some of the advanced functionalities of the Website (Premium Membership), as specified in the pricelist available at OvuFriend.com/pricelist.html (Pricelist), and other related documents, requires an advanced payment of a fee (Fee). The Administrator reserves the right to periodically make changes to the extent and scope of Paid Membership in the Pricelist as well as to the Fee for this membership. Such changes come into force at the moment of their publication at OvuFriend.com/pricelist.html.

16.    If the User chooses Premium Membership, she must pay the Fee specified in the Pricelist, through the payment system available on the Website. The Fee amount paid by the User and received by Administrator entitles the User to access Premium Membership for a specified period of time (as chosen by the User during the payment process). The Fee is non-refundable. The Administrator shall not be liable and is not responsible for limiting the User’s access to the Website or its Premium Membership due to a delay in the processing of the payments, refusal of acceptance of the payment, or for any other situation resulting in the Administrator not receiving the Fee in a timely manner.

 

Using the Website, User Submission of Content

17.    The User may, within the functionalities of the Website, submit or post content which may be publicly accessible, including, but not limited to: Forum entries or comments, Journal entries or comments, charts, images, media (photos, videos, audio), signatures, avatars, URL links, and contact forms (Content).

18.    Users are solely responsible to the fullest extent for the Content they submit to and post on the Website. Users may submit or post Content to the Website only if they possess all necessary copyright, trademark, privacy, or any other rights of any other person or institution. Users may not submit to nor post on the Website Content (especially photos or videos) with other people appearing without the explicit consent of those people.

19.    The Administrator provides all Users with the functionality to report abuse in case some User publishes Content that is illegal or otherwise conflicts with the Website’s Terms and Conditions, Privacy Policy, or morality.

20.    The User must not submit to nor post Content on the Website which contains personally identifiable information (like name, address, contact information etc.) of the User or any other person.

21.    The User must not submit to nor post Content on the Website which is of an advertising, promotional, commercial, or professional type. In particular, it is strictly forbidden to submit or post advertisements and promotional information. However, the User is allowed to refer within the Community Area to her personal experience, including  the scope of use of commercially available products or services.

22.    The User must not submit to nor post Content on the Website containing expressions of hate, abuse, offensive language or conduct, obscenity, pornography or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions and the Website’s Privacy Policy.

23.    The User must not post any Content (whether publicly available or not) to the Website, which:

a)       violates any of local, state, national, or international laws;

b)       infringes on the rights of others;

c)       is illegal, harmful, threatening, harassing, abusive, defamatory, slanderous, obscene, vulgar, hateful, invasive of privacy, or embarrassing to any other person (whether User or non-user) or entity, as determined by the Administrator at its sole discretion;

d)       contains advertisements or solicitations of business;

e)       contains political campaigning;

f)        contains software viruses or any other computer code, files or programs designed to interrupt, alter, destroy, limit, or block the functionalities or safety of the Website or its Users.

24.    The User must not submit nor post any Content (whether publicly available or not) to the Website, which is misleading, annoying or harmful to other Users, including but not limited to:

a)       posting chain letters or pyramid schemes;

b)       impersonating another person;

c)       spamming or otherwise disrupting the normal flow of Content.

25.    The Administrator has the right, but not the obligation, to do any or all of the following:

a)       monitor and record in any form Content submitted or posted by the Users;

b)       remove, edit or disclose in whole or in part, at its sole discretion, Content submitted or posted by the Users.

26.    By submitting or posting Content to the Website, the User:

a)       grants the Administrator, its subsidiaries, joint ventures, or other companies under common control as well as its licensors or licensees, a perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right to use, copy, reproduce, adapt, modify, translate, publish, display, perform, print, distribute, post or transmit the Content;

b)       certifies that any person appearing in the Content (or, if a minor, his/her parent/legal guardian) authorizes the Administrator, its subsidiaries, joint ventures, or other companies under common control as well as its licensors or licensees to use, copy, reproduce, adapt, modify, translate, publish, display, perform, print, distribute, post or transmit the Content;

c)       agrees to indemnify the Administrator, its subsidiaries, joint ventures, or other companies under common control as well as its licensors or licensees, affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses (including attorneys' fees) arising from the Content and/or User’s failure to comply with these Terms and Conditions.

 

Community Area, Publicly Available Content

27.    The User is solely responsible for the Content she submits or posts, especially if it is publicly available (for example, in the Community Area), the consequences of such submission, and her reliance on the Content submitted or posted by other Users.

28.    Content posted publicly by the User in the Community Area or in other parts of the Website relates solely to the User’s personal experiences and does not constitute medical advice, does not represent the Administrator's position in any case, and cannot replace seeking of medical consultation, examination or treatment by the User. The Administrator does not guarantee the accuracy or reliability of the Content posted by the Users within the Community Area or in other parts of the Website.

29.    The User must not collect information about other Users without their explicit consent.

30.    The User must not allow any other person or entity to use her login information for posting or viewing Content on the Website.

31.    The User must not copy or publish or allow to copy or publish outside the Website any Content found on the Website, with the exception of the following:

a)       the User may post outside the Website URL links to any content publicly available on the Website;

b)       the User may post outside the Website printouts of charts in the form of PDF or image files, generated through the functionalities of the Website only if they include their original watermark and a copyright reference to OvuFriend.com.

32.    Any Content submitted to or posted on the Website is governed by these Terms and Conditions and the OvuFriend.com Privacy Policy. To the extent there is an inconsistency between these Terms and Conditions and the OvuFriend Privacy Policy, this Agreement shall prevail.

 

The Administrator’s Disclaimer

33.    The Administrator stipulates that:

a)       the services provided through the Website, including but not limited to the access to the Tools and the Knowledge Base, do not constitute medical advice and cannot substitute for medical consultation and undergoing of testing or treatment by the User, according to the User's health status and needs;

b)       although he strives to make sure that the Content published in the Knowledge Base are at the highest professional level, he is not responsible for their accuracy and compatibility with the current state of medical science, and the User should seek expert medical advice before making any decision that may affect her health, pregnancy and its course;

c)       the Website’s Tools provide assistance in the analysis of the monthly cycle for Users who want to become pregnant, but the use of those Tools does not guarantee pregnancy;

d)       the Website’s Tools are not intended to be used as a support for natural methods of birth control. Their use in determining the low probability of getting pregnant on certain days of the menstrual cycle is not a contraceptive method suggested or recommended by the Administrator.

34.    The Administrator hereby disclaims all liability for any damage the User may suffer:

a)       due to her using the Website in a way that conflicts with the Website’s Terms and Conditions, Privacy Policy or with the law;

b)       due to the actions of third parties (including other Users), unlawful or conflicting with these Terms and Conditions or Website’s Privacy Policy, including in particular gaining the possession of data allowing access to the User's account on the Website;

c)       due to temporary or permanent blocking of the access to the Website or part thereof, or deletion of the User's account, both for reasons attributable to the User (for example, violation of the Terms and Conditions or Privacy Policy, lack of payment for the Premium Membership), as well as reasons attributable to the Administrator or third parties (for example, Website failure, business shutdown);

d)       the consequences of actions taken by the User based on the information obtained from the Website or due to using the Website's services;

e)       resulting from the Content posted by other Users.

35.    The Administrator reserves the right to:

a)       change the scope and extent of the services provided through the Website;

b)       periodically put the Website offline without prior notice;

c)       permanently remove a User’s account or temporarily limit or block a User’s access to the Website (including blocking of User’s IP address) in the event of her violation of the Terms and Conditions, Privacy Policy or applicable law.

36.    The User may at any time modify or delete her account on the Website, by making appropriate changes herself, or by reporting to the Administrator the account she wants to delete.

37.    The Administrator may at any time delete the profile of a User who did not use the Website at least once by logging in to her account within the past 12 months or an account which has not been activated within 2 weeks of initial registration.

 

Final Provisions

38.    The Administrator and its Licensors are entitled to all intellectual property rights to the Website, in particular the graphic elements of the website and individual applications, the name of the Website, the Internet domain, the content published on the Website by the Administrator or its Licensors, as well as the technological design of the Website, including its concept of operations, functionalities, databases, software, and technical documentation. Using the Website by the User does not involve the transfer of any intellectual property rights nor grant the User a license to use them in the scope not imposed directly by these Terms and Conditions.

39.    These Terms and Conditions in their entirety, or any of its provisions, may be changed by the Administrator at any time. Changes to the Terms and Conditions require the publication of a new version of the Terms and Conditions on the Website.

40.    The User shall inform the Administrator if she does not accept the changes made in the Terms and Conditions.

41.    In case of non-acceptance of the Terms and Conditions, the User is required to terminate the contract with the Administrator through the immediate deletion of her Account. Not doing so shall be interpreted as consent to the currently applicable Terms and Conditions.

42.    Any complaints about the violations of the Terms and Conditions should be reported using the contact form available on the Website.

43.    Complaints regarding the operation of the Website should be reported using the contact form available on the Website.

 

Jurisdiction, Disputes and Arbitration

44.    The Administrator is based in the state of Delaware and makes no claim that the Website is appropriate or may be used outside of Delaware. Access to the Website may not be legal by certain persons in certain countries. If the User accesses the Website from outside of Delaware, she does so at her own risk and is responsible for compliance with the laws, statues, rules, regulations, ordinances, and directives of her jurisdiction.

45.    These Terms and Conditions are governed by the laws of Delaware, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

46.    The Administrator’s goal is to learn about and to address any concerns of any User, and if the Administrator is unable to do so to their satisfaction, to provide a neutral and cost effective means of resolving a dispute quickly. Any concerns or disputes shall be reported by the User by using the contact form available on the Website.

47.    Initiating a Formal Claim.

If the Administrator is unable to satisfy the User’s concerns and she must pursue legal action, the User agrees that her claim must be resolved exclusively by the processes set forth in these Terms and Conditions. The Administrator provides the User services through the Website on the condition that she accepts the dispute resolution provisions described below. If the User initiates any claim against the Administrator in any other manner, she shall be in violation of these Terms and agrees that the Administrator shall be entitled to have such action dismissed or otherwise terminated. The User also agrees to reimburse the Administrator for its reasonable costs incurred in defending against such improperly initiated claim.

The User agrees that, prior to initiating any formal proceedings against the Administrator, she will send the Administrator a notice at [email protected] stating that she is providing a “Notice of Dispute.” Upon receipt of a Notice of Dispute, the User and the Administrator shall attempt to resolve the dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. If the dispute remains unresolved, either the User or the Administrator may initiate formal proceedings according to these Terms.

48.    Except where dispute is being resolved pursuant to an arbitration (as provided below), the User expressly agrees that an exclusive jurisdiction for any claim or dispute with the Administrator or any of its affiliates, or in any way relating to any use of the Website, resides exclusively in the courts of Delaware. The User further agrees and expressly consents to the exercise of personal jurisdiction in the courts of Delaware, in connection with any such dispute and including any claim involving the Administrator or its affiliates, subsidiaries, employees, contractors, officers, directors and Content providers.

49.    Arbitration Agreement.

a)       The Administrator and the User each agree that any and all disputes or claims that have arisen or may arise between the User and the Administrator - except any dispute relating to the enforcement or validity of the User, Administrator or either of Administrator’s licensors’ intellectual property rights -  shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

b)       The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by these Terms and Conditions. The AAA's rules and a form for initiating arbitration proceedings are available at www.adr.org.

c)       The arbitration shall be held in the county in which the User resides or at another mutually agreed location. If the value of the relief sought is $10,000 or less, the User or the Administrator may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on the User and the Administrator subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by the User or the Administrator, unless the arbitrator requires otherwise. 

d)       The arbitrator will decide the substance of all claims in accordance with the laws of the Delaware, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Website’s users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court possessing jurisdiction over the parties, except for a limited right of appeal under the Federal Arbitration Act.

e)       THE USER AND THE ADMINISTRATOR AGREE, AS PART OF THE ARBITRATION AGREEMENT, THAT EACH OF THEM MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. THE ADMINISTRATOR REFERS TO THIS AS THE “PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS.” UNLESS BOTH THE USER AND THE ADMINISTRATOR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE USER’S OR ADMINISTRATOR’S CLAIM WITH ANOTHER PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS OF OVUFRIEND.COM.

f)        Except with respect to the Prohibition of Class and Representative Actions, if a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall continue to apply. If a court decides that the Prohibition of Class and Representative Actions is invalid or unenforceable, then the entire Arbitration Agreement shall be null and void. The remainder of these Terms and Conditions will continue to apply.

50.    The User agrees that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action the User may have arising out of or related to the use of the Website or otherwise under these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or the User hereby agrees to be forever barred from bringing such claim.

51.    The Administrator’s failure to act with respect to a breach by any User of the Website does not waive the Administrator’s right to act with respect to subsequent or similar breaches.

52.    If the User has a dispute with one or more other Users, she releases the Administrator (and its subsidiaries, joint ventures, or other companies under common control, its licensors, licensees, officers, directors, employees, agents, sponsors, advertisers, parents, affiliates, successors or assigns), from any and all Claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, the User expressly waives any protections (whether statutory or otherwise – e.g., California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims which the User may know or suspect to exist in her favor at the time of agreeing to this release. 

 

Limitation of Liability

53.    THE USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE CONTENT AND TOOLS, IS AT THE USER’S OWN RISK.

THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE CONTENT AND TOOLS, IS PROVIDED ON AN "AS IS" BASIS. THE ADMINISTRATOR, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, THE ADMINISTRATOR MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING:

a)       The accuracy, reliability, completeness, currentness, or timeliness of the Content provided by or through the use of the Website.

b)       The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of the Content or information generated by the Tools on or through the use of the Website.

54.    In no event shall the Administrator, (or its subsidiaries, joint ventures, or other companies under common control, its licensors, licensees, officers, directors, employees, agents, sponsors, advertisers, parents, affiliates, successors or assigns), or any third party mentioned on the Website (i) be liable to any party damages (including without limitation, indirect, special, punitive, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the availability, reliance on, use of, or inability to use the Website or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Administrator, or any third party mentioned on the Website are advised of the possibility of such damages; or (ii) for any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the Website. The Administrator, or any third parties mentioned on the Website shall be liable only to the extent of actual damages incurred by the User, not to exceed U.S. $1,000. The Administrator, or any third party mentioned on the Website are not liable for any personal injury, including death, caused by the use or misuse of the Website, Content, or Community Areas. Any claims arising in connection with the use of the Website, Content, or the Community Areas must be brought within 6 (six) months of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

Since some jurisdictions do not allow the exclusion or the imitation of liability for consequential or incidental damages, in such jurisdictions, liability shall be limited to the extent permitted by law.

 

Entire Agreement

55.    These Terms of Use and Privacy Policy constitute the entire agreement between the User and the Administrator with respect to the use of the Website, including but not limited to the Tools and the Content.

 

Indemnity

56.    The User agrees to defend, indemnify, and hold the Administrator, its subsidiaries, joint ventures, or other companies under common control, its licensors, licensees, officers, directors, employees, agents, sponsors, advertisers, parents, affiliates, successors or assigns, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, the User’s violation of these Terms and Conditions.

 

Advertisements and Links to Other Sites

57.    The Website or the Content may provide links to third-party web sites. The Administrator does not recommend and does not endorse the content on any third-party website. The Administrator is not responsible for the content of linked third-party sites, sites framed within the Website, or third-party advertisements, and does not make any representations regarding their content or accuracy. The use of such third-party websites is at the User’s own risk and subject to the terms and conditions of use for such sites. The Administrator does not endorse any product, service, or treatment advertised on the Website or transmitted to the User by email or though the Website’s internal messaging system.

 

Headings

58.    The section headings in these Terms and Conditions are for convenience only and have no legal or contractual effect.

 

The Terms and Conditions in this version shall come into force on March 18th 2013.

 

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