User Agreement

Last Modified August 8, 2004

This Agreement sets forth the terms and conditions which apply to the use by you of the Site (as defined below). The right to use any product or service offered by Impact Media Communications, Inc. is personal to you and is not transferable to any other person or entity. By using the Site, you agree to be bound by this Agreement. In addition, when using particular services or features on the Site, you shall be subject to any guidelines or rules applicable to such services or features that may be posted from time to time, including, but not limited to, the Privacy Notice for the Site. All such guidelines or rules are hereby incorporated by reference into this Agreement.
  1. Definitions.
    The "New Parent Magazine Site", or the "Site", shall mean all areas of, and any subscription or other paid or free products and services offered or available on, the website located at www.newparent.com. The New Parent Magazine Site is operated by Impact Media Communications, Inc. (which may also be referred to in this Agreement as "Impact Communications"). The New Parent Magazine Site consists of information services and content provided by Impact Communications, affiliates of Impact Media Communications, Inc. and third parties. The term "Community Areas" means any bulletin boards, chat rooms and other user participatory areas that may be available on the New Parent Magazine Site.


  2. General.
    Impact Media Communications, Inc. shall have the right at any time to change or discontinue any aspect or feature of the New Parent Magazine Site, including, but not limited to the terms of this Agreement, the Community Areas, content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site a revised version of this Agreement or notification by electronic mail. Any use by you of the Site after such notice shall conclusively be deemed to be acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions.

  3. Use of the New Parent Magazine Site.
    1. The Site shall be used for lawful purposes only. No material shall be posted on or transmitted through the Community Areas or other areas of the Site which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law or right of any party. No conduct shall be undertaken that, in Impact Communications's judgment, restricts or inhibits any other user from using or enjoying the Site. Advertising or commercial solicitation may not be posted on or transmitted through the Community Areas or other areas of the Site without Impact Communication's express prior approval, and such advertising or commercial solicitation must comply with all conditions imposed by Impact Communications.

    2. The New Parent Magazine Site contains copyrighted material, trademarks and other proprietary information owned by Impact Media Communications, Inc. or third parties, including text, software, photos, video, graphics, music and sound. In addition, the entire contents of the New Parent Magazine Site are owned by Impact Media Communications, Inc. as a compilation under the United States copyright laws. Impact Media Communications, Inc. owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to Impact Media Communications, Inc. Each third party content provider owns the copyright in content original to it. Except as otherwise expressly permitted under copyright law, you may not modify, publish, transmit, download, upload, participate in the transfer or sale of, create derivative works from, copy, redistribute, publish, display or otherwise use or exploit any material from the New Parent Magazine Site without the express permission of Impact Communications and the copyright owner. In the event of any permitted copying, redistribution or publication of material from the New Parent Magazine Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, audio, and/or video on the New Parent Magazine Site owned by the Photonica, Getty Images, Veer, or any other stock photography organization ("Stock Photography") shall not be broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any media. Neither these Stock Photography materials nor any portion thereof may be stored in a computer except for personal and non-commercial use.

    3. You shall not upload, post or otherwise make available on the Community Areas or other areas of the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining that such material is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission.

    4. You hereby grant to New Parent Magazine, Impact Communications and their respective affiliates worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message that you post in the Community Areas, any e-mail sent by you to Impact Communications (in whole or in part) or any other communication, content or material that you submit to the Site or to Impact Communications, and/or to incorporate any such submission in other works in any form, media or technology now known or later developed.

    5. You may not (i) select or use a member name or e-mail address of another person with the intention of impersonating that person; (ii) use a member name or e-mail address of anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that Impact Media Communications, Inc. considers to be offensive.

    6. You shall provide Impact Media Communications, Inc. with accurate, complete and updated information provided by you at the time of registration.

    7. The New Parent Magazine Site contain links to other web sites, resources and advertisers. Impact Media Communications, Inc. is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall Impact Communications be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site's administrator or webmaster.

    8. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the New Parent Magazine Site and all charges related thereto.

    9. The foregoing provisions of this Section 3 are for the benefit of Impact Communications, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.

    10. Impact Media Communications, Inc. has carefully designed the New Parent Magazine Site with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the New Parent Magazine Site in any way that interferes with that purpose. In particular, Impact Media Communications, Inc. prohibits any party from displaying the content on the New Parent Magazine Site in any format where third party advertising or other materials that Impact Media Communications, Inc. did not authorize is viewed or viewable together with Impact Communications's proprietary content.

  4. Monitoring.
    With respect to any Community Areas available on the Site (if any), Impact Media Communications, Inc. shall have the right, but not the obligation, to monitor the content of the Community Areas to determine compliance with this Agreement and any other operating rules that may be established by Impact Media Communications, Inc. from time to time. Impact Media Communications, Inc. shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Community Areas. Without limiting the foregoing, Impact Media Communications, Inc. shall have the right, but not the obligation, to remove any material that Impact Communications, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of Impact Communications, users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither Impact Media Communications, Inc. nor any of its affiliates shall assume or have any liability for any action or inaction by Impact Media Communications, Inc. with respect to any conduct within the Community Areas or any communication or posting on the Community Areas.

  5. Disclaimer of Warranty; Limitation of Liability
    1. YOU EXPRESSLY AGREE THAT USE OF THE New Parent Magazine Site IS AT YOUR SOLE RISK. NEITHER Impact Communications, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE New Parent Magazine Site WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE New Parent Magazine Site OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE SITE.

    2. THE New Parent Magazine Site IS PROVIDED ON AN "AS IS", "AS AVAILABLE" 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, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

    3. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION 5 APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, 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 RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Impact Media Communications, Inc. IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

    4. IN NO EVENT WILL Impact Media Communications, Inc., ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE New Parent Magazine Site, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE New Parent Magazine Site OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 5 SHALL APPLY TO ALL CONTENT ON THE New Parent Magazine Site. Impact Communications' LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO Impact Communications

    5. Impact Media Communications, Inc. NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE New Parent Magazine Site, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE ON ANY COMMUNITY AREAS OR OTHER AREAS OF THE SITE. UNDER NO CIRCUMSTANCES WILL Impact Media Communications, Inc. BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT ON THE New Parent Magazine Site AND/OR ANY POSTINGS ON ANY COMMUNITY AREAS OR OTHER AREAS OF THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE New Parent Magazine Site. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT. IN PARTICULAR, THE INFORMATION AND OTHER CONTENT CONTAINED ON THE SITE SHOULD NEVER BE USED AS A SUBSTITUTE FOR THE ADVICE PROVIDED BY YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER. YOU SHOULD NOT USE OR RELY ON THIS INFORMATION OR OTHER CONTENT TO DIAGNOSE OR TREAT A DISEASE OR HEALTH PROBLEM OR TO ADDRESS A MEDICAL CONDITION THAT YOU OR YOUR CHILD MAY EXPERIENCE. YOU SHOULD INSTEAD ALWAYS CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER FOR SUCH MEDICAL ADVICE OR SERVICES.

    6. Impact Media Communications, Inc. DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE New Parent Magazine Site AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. Impact Media Communications, Inc. MAKES PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE New Parent Magazine Site 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, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

  6. Indemnification.
    You agree to defend, indemnify and hold harmless Impact Communications, its affiliates and their respective directors, officers, employees and agents from and against all third party claims and expenses, including attorneys' fees, arising out of the use by you of the New Parent Magazine Site.

  7. Termination.
    Impact Media Communications, Inc. shall have the right to immediately terminate this Agreement with respect to any user which Impact Communications, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 5, 6, 7, 8 and 10 shall survive termination of this Agreement.

  8. Trademarks.
    All trademarks appearing on the New Parent Magazine Site are the property of their respective owners, including, in some instances, Impact Media Communications, Inc.

  9. Subscription Services.
    Subscription Services. Impact Media Communications, Inc. may make available to certain users certain free online subscription services, and other free and paid services and products. In addition to all other terms of this Agreement, the following terms and conditions shall apply in the event that you subscribe to any subscription service or services offered by Impact Media Communications, Inc. on the New Parent Magazine Site (the "Subscription"):

    1. Subscription Terms. The Subscription will continue until Impact Communications receives notification of termination from you as described in subsection C below. If applicable, methods of payment, billing schedule and any other Subscription terms not set forth herein will be made available on the screen on which you register for a Subscription, and such terms are hereby incorporated in this Agreement by reference. [Note: Please Confirm].

    2. Changed Terms. Impact Media Communications, Inc. shall have the right at any time to impose, change or modify its fees and billing methods (for any paid Subscriptions), or other terms and conditions applicable to your use of the Subscription or to impose new terms and conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the New Parent Magazine Site a revised version of this Agreement or notification by electronic or conventional mail. If any such change is unacceptable to you, you may terminate your Subscription as provided in subsection C below. Any use of the Subscription by you after such notice shall conclusively be deemed to constitute acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions periodically to be aware of such revisions. You may also be subject to additional terms and conditions imposed by third party content providers in connection with third party content, software or services.

    3. Termination. Either you or Impact Media Communications, Inc. may terminate a Subscription at any time. Your only right with respect to any dissatisfaction with (i) any terms and conditions of your Subscription, or policy or practice of Impact Communications in operating the New Parent Magazine Site, (ii) content available through the Subscription or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate your Subscription by sending notice to Impact Media Communications, Inc., 10 New King Street, Suite 213, White Plains, NY 10514, by e-mail sent to our Help Form, or by going to the Subscription link accessible at the bottom of every page in the New Parent website and following the directions listed. Notice of termination will be effective upon receipt by Impact Media Communications, Inc. Without limiting the foregoing, Impact Communications shall have the right to immediately terminate the Subscription with respect to any user which Impact Communications, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. In the event that your account is terminated or canceled, no refund of any fees will be granted unless we state otherwise. The provisions of Sections 5, 6, 7, 8 and this Section 10 shall survive termination of this Agreement.

  10. Miscellaneous.
    This Agreement and any operating rules for the New Parent Magazine Site constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules, and you and Impact Communications agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the State of New York. No waiver by either party of any right, remedy, breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent right, remedy, breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

  11. Contact Us.
    For additional help, e-mail Customer Service

  12. Copyrights and Copyright Agent.
    Impact Communications respects the intellectual property of others, and we ask our visitors to do the same. 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 by materials on the Site, please provide Impact Communications' Copyright Agent the following information:

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

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

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

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

    5. 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;

    6. 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.

Impact Communications' Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Impact Media Communications, Inc.
10 New King Street
Suite 213
White Plains, NY 10514

By Telephone: 914.328.3600

By Email: customerservice@newparent.com.











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