- Permitted Use of the Site; Termination
The information and materials on this Site are provided for general informational purposes. You may use this site solely for the purpose of learning about and/or purchasing The Mother Duck Inc. or its services and products. You may not use, reproduce, or distribute the text, graphics, downloads, tools, or any other content on this Site for any other purpose. This site is not directed at children and you may not use this site if you are under the age of thirteen.
Termination of your The Mother Duck membership includes (a) removal of access to all offerings and features on the Site, (b) deletion of your password and all related information, files, and content associated with or inside your membership page (or any part thereof), and (c) barring of further use of your membership. Further, you agree that all terminations for cause shall be made in The Mother Duck sole discretion.
You may terminate your membership, this Agreement, and your right to use your membership at any time and for any reason or no reason, by contacting us at: cs@TheMotherDuck.com
- User-Submitted Content
The Site may, from time to time, offer interactive features that allow users to submit content to the Site. The Mother Duck does not and cannot review all such content, and is not responsible for such content.
You acknowledge that by providing the ability to view and distribute user-generated content on the Site, The Mother Duck is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. By submitting any user-generated content, you represent and warrant that: (a) you are the sole creator and/or author of any such content including any intellectual property rights therein, or before posting, you obtained from the copyright owner the right to use and authorize The Mother Duck to use; (b) you hereby waive any moral rights you may have in such user-generated content; (c) and all such content is true and accurate; and (d) you are the person appearing in any photograph or content uploaded. In any event, The Mother Duck reserves the right to block or remove communications or materials that it determines to be unacceptable to The Mother Duck in its sole discretion.
By submitting any user-generated content, you hereby grant The Mother Duck (1) a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such content and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you; and (2) the rights to publicity to use your name and/or likeness. If you are between the ages of 13 and 17 (i.e., not yet 18), you represent and warrant that you have your parents’ permission to make such grants. All content that you submit may be used at The Mother Duck sole discretion without any obligation of confidentiality.
Harassment in any manner or form on the Site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a The Mother Duck employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is false, misleading, inaccurate, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable in a manner in which may constitute or encourage a criminal offense, violate the rights (including intellectual property rights or rights of publicity or privacy) of any party, or which may otherwise give rise to liability or violate any law.
Interaction with other Users
You alone are responsible for your involvement with other users. If you have a dispute with one or more users, you irrevocably and forever release The Mother Duck (and The Mother Duck's officers, directors, agents, subsidiaries, joint ventures, and employees) from 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. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Notice; Electronic Communications
When you visit this Site, send emails to The Mother Duck, or when we post notices on our site or services or communicate with you via email, you are communicating with us electronically. This section informs you of your rights when receiving electronic communications from us. By accessing and using the Site, you consent to receive communications from us electronically. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with The Mother Duck.
We may also use your email address to send you other messages, such as changes to features of our service, newsletters, and additional email messages about our products, services, contests, and promotions that we feel may be of interest to you. If you no longer wish to receive these types of promotional communications from us, you may select the unsubscribe link which is present in each email.
Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption.
Practices; Typographical Errors; Colors
You acknowledge that The Mother Duck may establish general practices and limits concerning use of any content, including without limitation the maximum number of days that email messages, message board postings, or other uploaded content will be retained, the maximum number of email messages that may be sent from or received by a membership account, the maximum size of any email message that may be sent from or received by a membership account, the maximum disk space that will be allotted on The Mother Duck's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access your membership in a given period of time. You acknowledge that The Mother Duck reserves the right to log off, delete, or disable memberships that are inactive for an extended period of time. You further acknowledge that The Mother Duck reserves the right to modify these general practices and limits from time to time.
In the event that a product is mistakenly listed at an incorrect price or with incorrect specifications, The Mother Duck reserves the right to refuse or cancel any orders placed for product listed incorrectly, whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order is cancelled, The Mother Duck shall issue a credit to your credit card account in the amount of the incorrect price charged. In no event shall The Mother Duck be obligated to provide you the merchandise at the incorrect price.
The colors shown on the Site may be influenced by the settings of your computer or your monitor. Accordingly, The Mother Duck makes no guarantees that any actual colors of products or features will be true or accurate.
In an attempt to provide increased value to our visitors, The Mother Duck may link to sites operated by third parties. However, even if the third party is affiliated with The Mother Duck, The Mother Duck has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of The Mother Duck. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, The Mother Duck specifically disclaims any responsibility if such sites: infringe any third party’s intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.
The Mother Duck does not endorse the content, or any products or services available, on such sites. Nonetheless, The Mother Duck seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). Any feedback you provide shall be non-confidential and non-proprietary.
Unless otherwise noted, the design of the Site, the Site as a whole, and materials that are part of the Site (collectively, “Contents”) are copyrights, trademarks, trade dress, or other intellectual property owned, controlled, or licensed by The Mother Duck or its affiliates. The Contents, including its trademarks such as The Mother Duck and The Mother Duck and design, BE THE BUYER, BE THE DESIGNER, and Logo, may not be used by you for any commercial purpose without The Mother Duck’s written consent.
All software used on this Site is the property of The Mother Duck or its software suppliers and protected by copyright laws and may not be used for any purpose by you. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.
Software and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.
The Mother Duck does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Control Laws.
Information We Collect & How We Use It
HospitalMaternityBag.com requests and collects personal information from our customers at various site locations and instances, including, but not limited to, when you create a ModCloth.com membership, make a purchase, communicate with us via social media, write a product review, create a wishlist, participate in events, contests, or promotions, contact our customer care team, or post other customer-generated content to this Site. These are currently the primary ways in which we gather information, however, we may also collect data through other channels in the future.
The types of personal information we may collect from you can vary according to the method through which it was attained. It may include, but is not limited to, the following:
- Information You Provide to Us
We receive and store any information you knowingly provide to us, such as:
- Full name
- Email address
- Phone number
- Shipping address
- Billing information and payment details (such as billing address, credit card details, and other sensitive financial information, specifically for the purpose of completing your transaction)
- Username and password for your membership
- A record of your orders, purchase history, and shopping behavior and preferences
- Information provided by you through your interactions with us in social media
- Location and geographic information that could be collected if you use our mobile site or app.
- Other details that you may submit to us or that may be included in the information provided to us by third parties.
- You may also provide personal information about other people, such as their name and email address. When you select to email a friend your wishlist, tell a friend about us, or purchase a Gift Certificate for a friend, we will use their name and email address to send them a one-time email. This information is only used for the sole purpose of completing your request. We do not share your friend’s email information for any other purposes unless that friend creates a membership. We store this information for the sole purpose of sending this one-time email and tracking the success these programs.
- Information Collected Automatically
As is true of most web sites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.
We may combine this automatically collected log information with other information we collect about you. We do this to improve to improve marketing, analytics, and site functionality.
The Mother Duck does not currently actively respond to “Do Not Track” browser signals or mechanisms, but we’re always open to hearing from customers for whom this issue is really important.
- Tracking Technologies
Technologies such as: cookies, beacons, tags and scripts are used by ModCloth.com and our marketing partners, affiliates, A/B testing, and analytics systems. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
- Local Storage Objects (HTML5)
We use Local Storage Objects (LSOs) such as HTML5 to store content information and preferences. Third parties with whom we partner to provide certain features on our site or to display advertising based upon your Web browsing activity use LSOs such as HTML 5 to collect and store information.
Various browsers may offer their own management tools for removing HTML5 LSOs.
- Behavioral Targeting / Re-Targeting
We partner with a third party to either display advertising on our Web site or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads. Please note this does not opt you out of being served ads. You will continue to receive generic ads.
- Email & Other Communications
We may contact you via email to send you necessary order-related messages, such as order confirmation and shipment confirmation notices.
We may also send you newsletters and additional email messages about our products, services, contests, and promotions that we feel may be of interest to you. If you no longer wish to receive these and other promotional communications from us, you may select the unsubscribe link which is present in each email.
2. How We Use Your Information
- All of the personal information we collect from our customers is for the purpose of the reasoning described above (see sections b & c), as well as:
- processing, verifying, validating, and completing your transaction
- creating, managing, and maintaining your membership to this Site
- providing requested live customer support and services
- record keeping of your purchase history
- enabling communication via our Site, blog, and social networks
- managing your participation in contests and promotions
- sending email as appropriate (See Section c: Email ∓ Other Communications)
Users who are 13 years of age and older. If you are under the age of 13, you are not permitted to submit any personal information to us. We will promptly delete any personal information from a person under the age of 13 should we discover that we have collected such information from a person under the age of 13 without verification of parental consent.
Payment, Shipping, Referral, & Other Programs
We use a third party payment processor and a third party shipping agent to ensure the payment and delivery of your purchased products. We also use a third party to administer our referral program. We may use other third parties for other services from time to time. These third parties have no authority to use your personal information for their own promotional purposes.
We reserve the right to disclose personal information to our service providers, the government, law enforcement agencies, or other third parties under certain circumstances where a formal request has been made (such as in responding to a court order, subpoena, or judicial proceeding) when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request, in our sole and absolute discretion, deems necessary and appropriate. Moreover, in the event of a sale, merger, or transfer of some or all of The Mother Duck assets, or dissolution or bankruptcy, your personal information may be transferred to an unaffiliated third party as part of or apart from other transferred assets or assets. Any transfer will then be governed by and be the responsibility of any purchaser of or successor to the transferred assets or assets. We shall notify you by a notice on the home page of any change in the information practices governing your personal information as a result of any transfer of assets or any asset change in ownership, and your choices in how your information is used.
Links to Third Party Websites
This Site contains links to other websites. The Mother Duck takes no responsibility for the privacy practices or the content of these other websites. We encourage you to read the privacy policies of each website you visit prior to disclosing your personal information.
User-Generated Content & Information Disclosure
Any personal information or image content you voluntarily disclose online in a manner that other users can view (including, but not limited to: product reviews, Be the Buyer comments, on social media pages, in connection with contests and promotions, and on the The Mother Duck blog) becomes publicly available, and can be read, collected, and used by other members of this forum to send you unsolicited messages. Your membership name, email, or other information may also be displayed when you post comments or upload images throughout the Site. ModCloth.com is not responsible for the personal information users select to disclose in these forums.
Social Media Features and Widgets