As of May 2008

The website arrived at under the domain www.allmums.co.uk is known as a Community Site. It addresses predominantly mothers in order to facilitate and encourage social networking suited to their needs. By registering at AllMums (www.allmums.co.uk including all associated countries and sub-domains) (henceforth known as "Operators") you agree to and accept to be bound by the following terms and conditions ("Terms of Use"). During the registration process, having familiarised yourself with the Terms of Use, you declare your acceptance by ticking the box next to "I accept the AllMums Terms of Use". Should you not agree to the Terms of Use, you will be unable to register at AllMums.

The following Terms of Use may be modified or amended by the website Operators at any time without having to state the reason. Those persons using AllMums (the singular of which will henceforth be known as "User") will be notified by email about the foreseen changes two weeks in advance. In this email, the meaning of that two-weeks notice is again explained to the User by the Operator. If after this two-weeks notice the User has not raised any objections, the new conditions will be deemed as having been accepted.

§ 1 Validity 

(1) The following Terms of Use apply between the Operator and the User. The Operator cannot respect any  user conditions that deviate from or contradict these Terms of Use.

(2) These Terms of Use apply within the scope of the contractual relationships with the Operator, even when within the usage of furhter AllMums services, for example, the purchase of a sms service for notifications, they are not specifically stated.

§ 2 Contract conclusion and duration

The contract is considered concluded once the User has successfully registered at AllMums. 

§ 3 Description of the range of services and activities 

(1) Community 

The operator manages a Community website through which users, considered to be predominantly mothers, can establish contacts and communicate among themselves. They can use the plattform to meet new people and stay in touch with them.

The User can register at AllMums by creating a profile (registered users are henceforth referred to as "Members"). Members can be searched for and found on the basis of this profile as well as being able to contact each other and get to know each other better. Each Member can invite acquaintances and friends to join the AllMums network. The Members can post photos and videos and share them with other users. Members can also create common groups where they can talk amongst themselves, plan joint activities or exchange photos and videos. Members also have the possiblity to pose questions to the other members and also reply to such questions. They can also post tips for the other members. AllMums reserves the right to reduce or extend its services and, respectively, activities.

Throughout all these activities the users are required to maintain good manners and conduct. The use of a false or misleading identity as well as the use of offensive, discriminating or racist expressions are strictly prohibited on the AllMums site and can lead to civil or criminal proceedings.

(2) Wall 

On the AllMums “Wall“ registered users can post classified ads (Offers and “Wanted”). By clicking on “Post a classified“ you accept the following conditions:

The posting of classifieds must too be conducted in accordance with the Terms of Use, more specifically with reference to the rules set forth in § 6 concering the responsibility of the users and the permissible, and similiarly, impermissible content. 

Disclaimer: The classifieds on AllMums Wall are created by users. We cannot be held responsible for any contents of the classifieds or the user communication. This similarly applies to the quality, security or legality of the advertised materials. Through the heading "Find" and the heading “Post a Classified“ the publishing of a self-generated content in the database

By way of the heading "Find", AllMums grants its private customers the right, in accordance with the current Terms of Use, the free-of-charge online access to the saved content on the database. Similarly by way of the heading “Post a Classified“, AllMums grants its private customers the right to publish  self-generated content in the database. AllMums is neither an intermediary, nor buyer, nor seller neither does it represent the buyer or seller of the object or service saved in the database. 

(3) Miscellaneous services and benefits 

AllMums offers its plattform's services mainly for private purposes. Commercial use of the website is only sanctioned for those functions AllMums has designated (e.g., mothers associated with occupational fields, such as midwives, doctors, educators, teachers, babysitters, child minders, nursery teachers are permitted to present their services, provided they stay within their remit. This also applies to organizations and legal entities, such as clinics, birth centres, nurseries, etc.). However AllMums reserves the right to decide which persons and organizations are to be represented here and the right to remove such persons and organizations, if their use contravenes any of the designated functions. 

§ 4 Prices

(1) Registration at AllMums is free of charge. Until further notice all NetMoms services remain free of charge. However, the Operator reserves the right to launch certain services, such as the sending of SMS-s, in return for payment and/or the generation of revenues through advertising. When using services which require payment, the User agrees to be bound to payment obligation by clicking on the confirmation field, provided in such cases. 

§5 Responsibilities of the Operator 

(1) The operator tries to ensure the proper functioning of AllMums at all times. However, the operator does not guarantee continuous, uninterrupted use of or access to AllMums. The Operator is not liable for transferal delays or failures owing to technical reasons. For example, due to technical interferences or necessary site maintenances, temporary interruption of the AllMums services might occur.

(2) The Operator is not liable for the content of the entries made by the user during the registration nor for the data in her profile. The operator assumes no liability for the potential misuse of that information.

(3) The Operator is not liable for unauthorized attainment of the user’s personal data by a third party (e.g. through unauthorized access to the database by "hackers"). The Operator also assumes no liable for any misuse of data and information by a third party if they were made accessible to the third party by the user herself.

(4) The Operator is also not liable for content published by the user, which includes the content of answers to questons or of tips posted by the user. This applies in particular to cases when the content provided by the user is offensive to intellectual property (trademark rights, intellectual property rights, etc.) or the personal rights of a third party. These liability limitations also apply to the content of those websites and their links posted by  AllMums users without the knowledge of the Operator. As soon as AllMums attains knowledge of any site linked to AllMums containing anything deemed to be harmful to minors or which violates any rights,it will terminate these links with immedaite effect.

(5) The Operator is not liable for any econocmic, physical or moral damages, which may occur through the use of the AllMums site, unless there is evidence that these damages were caused with the wilful intent or through gross neglicence on the part of the Operator or co-workers.

(6) The Operator will regularly check, however remains under no obligation to do so, the content of texts, photos and graphics for its adherence to the legal and judicial rules and when required to do so will partly or completely delete the offending material.

(7) The Operator is entitled at any time to restrict, suspend or terminate the member's use of AllMums at any time and delete all her data with immediate effect. This action must not be justified and is free from any damage claims.

(8) Internet sites, which are linked to by AllMums, are precisely checked at the time of the linking for their adherence to legal clauses. In case NetMoms has linked to an Internet site, this means that at the time of the linking there was no unlawful content apparent on the linked site. AllMums has no influence, however, on the content of the linked sites of other endeavours. AllMums does not possess the capacity to continuously check the content of linked sites. Such control is not to be expected without concrete and available evidence of a rights violation. On notification of unwalful content on a linked site, its link will be immediatelly removed.

(9) The User alone is responsible for any messages that she has posted on AllMums. However, if the Operator attains knowledge that a message is offensive to these Terms of Use, he will take actions according to the Terms of Use.

(10) In the event of the suspicion of the violation of the Terms of Use, AllMums is not liable for the termination of any provisions.

(11) In the event of chargeable infringement of these Terms of Use by the User, AllMums is exempt from all subsequnet damages, including the costs for the legal counsel in the amount of the incurred legal costs. 

§6 Responsibility of the User 

(1) The User is responsible for the content of her registration and for all data that she provides about herself. The User ensures that all her posted personal data (including photos of herself) correspond to the truth and describe the User herself.

(2) The User cannot create any profiles on AllMums or Internet sites, which serve the purpose of improperly displaying, saving, editing, changing, forwarding or misusing information in any way.

(3) The User is prohibited from distributing any illegal content in any form on AllMums. The User is also prohibited from breaking any laws or third-party rights by way of her behaviour or by any content posted by her, such as texts or pictures. This applies in particular to the protection of third party's personal and moral property rights.

(4) Furthermore, the User agrees to use the NetMoms platform and the data of third parties that has been entrusted to her under no circumstances for commercial reasons or political advertising of parties and/or candidates.

(5) Any form of disclosure or exchange of passwords, codes and serial numbers are prohibited on the AllMums site.

(6) To preserve the legal provisions, in particular the privacy of correspondence, the User must treat emails and other messages confidentially. This also applies to names, photos, telephone and fax numbers, address data, email addresses and/or URLs (Internet addresses). The User can only disclose these to a third party when she has the explicit consent of the sender. The consent should occur before any disclosure to the third party. In the event of AllMums discovering an offense of this nature, in particular of any misuse of such data by e.g, manual or automatic reading out, saving, editing, changing or deleting, the perpetrators will be prosecuted.

(7) The User should not intercept messages, e.g emails, meant for other users and should not attempt to do that. The User should only send emails and similar messages to members solely as the goal of private communication or within the intended commercial use of NetMoms. The User should send no messages that have any other commercial goal, especially no messages in the form of chain letters, bulk communications, contests, lotteries, gambling games, snowball communication, or Multi-Level-Marketing.

(8) Under no circumstances, in the course of her activities on AllMums, may the User contravene any relevant laws or use the services provided by AllMums in a way that is detrimental to the availability of the offers for the other AllMums users.

Irrespective of any potential criminal responisibility of the user, the following contents remain totallly unacceptable: 

• Contents which are in breach of human dignity are unacceptable. This applies especially to the display of people who are dying or are/were exposed to severe physical or mental suffering. A consent from such person does render the material appropriate.  
   
• The depiction of children or youths in a way considered to be unnatural is unacceptable. This applies to sexist, pornographic, and/or violent representations with a subject of sexual abuse of children or youths, or the sexual dealings of people with animals. Virtual representations are also unacceptable.
   
• Those contents detailed in parts B and D in § 18 of the Youth Protection law (Germany) or are completely or partly identical to an act from these paragraphs are also unacceptable.
   
• Any indication of organisations which may constitute criminal behaviour, such as those who directly or whose contents implies a violation of the principles of democracy and liberty or the idea of international understanding are totally unacceptable. This includes propaganda.
   
• Contents that incite to hate against population groups or against a national, racial, religious or of its folklore tradition, encourage violence or arbitrary measures against these groups or offend their human rights is unaccepatble. This also applies to insulting any part of the population or verbally abusing, maliciously deriding or defaming any of the afore mentioned groups.
   
• Any contents which glorify war or depict actions which were commited under the command of the national-socialism in a way that might disturb the public peace, or deny or trivialise such actions.
   
• Contents that could serve as a guidance to the unlawful actions described in the Penal Code under § 126 Abs. 1 are also not permitted.

In addition, all contents which imply brutal and/or inhumane violence against people, those which convey glorification or trivialisation of such violence or those which present the brutality or inhumanity of the act in a way that offends human dignity are unacceptable. This applies also to virtual representations. 

(9) The distribution of defamatory, offensive or material in any other way unlawful, the harassment or threatening and the offense of the personal rights of another user or a third party is not permitted. 

(10) Additionally, the User of the AllMums site must not be used to post linkd to other Internet sites that might contain unlawful content and/or content harmful to minors. 

(11) Contributions to the 'Local tips' section 

In the 'Your city' section each member has the right to a) post regional tips and to edit these and b) to rate these. The following rules apply: 

• only places and services that could be located can be posted and rated;
   
• contributions have to be related to rated regional tips;
   
• contributions should depict the truth; rumours or unconfirmed statements of other persons are unacceptable;
   
• contributions should be factual and precise;
   
• negative evaluations are permitted, however, they need to be expressed objectively;
   
• insulting keywords are prohibited;
   
• the publishing of contributions by business providers (freelancers, unions/initiatives, companies) is only permitted by way of a business profile;
   
• each subsidiary of a business provider (freelancers, unions/initiatives, companies) may only be inserted once as a regional tip.
   
• Relatives or co-workers of the provider can only rate a regional tip, if they openly state their realtions to the latter;
   
• pure advertising content (cover or overt) is unacceptable;
   
• the entering of email addresses, URLs or telephone numbers for the puposes of house advertising are unacceptable; 

The Operator has the right to block and if necessary delete contributions, if there is a justified suspicion that these infringed upon legal regulations or the Terms of Use. 

§7 Legal consequences of breaching Terms of Use 

(1) The Operator reserves the right to remove the User and her account including all her data with immediate effect, without stating any reason and without risk of being sued, if there were any breach of one or more regulations of these Terms of Use, in particular of one or more regulations from §6, by one or more users. The Operator reserves the right, in this case explicitly, to commence civil or criminal prosecutions (in particular for the assertion of compensations and/or the reimbursement of a complaint).

(2) In case of any breach of one or more regulations from §6, the User is obliged, as far as she is of full age, to pay to the Operator on first demand a fixed sum decided on by the Operator as a means of contract penalty. In case of a dispute this contract penalty is to be verified by a court jurisdiction. Furthermore, in such a case the following a prompt from the Operator, the User will be obliged, providing she is of full age, to immediately issue  a declaration to Cease & Desist under the penalty of (incurring) a fine.
(3) The User is obliged, providing she is of full age, to indemnify the Operator from any kind of complaints, damages, loses or demands, which might have occured through a misuse of the AllMums services by the user and the breach of the Terms of Use. As far as the User is of full age, she is in particular obliged to indemnify the Operator from any liabilities and from all responsibilities, expenses and claims, which resulted in damages from defamation, slander, offence, breach of personal rights, the loss of services for other users, the infringement upon intellectual property (brands, trademarks, etc.) or other rights. This obligation to indemnification comprises also the necessary legal costs for the defence of such claims (e.g. the attorney's fees).  

(4) The Operator has the right to apply §8 (2) and (3) also to users who are not of full age but who dispose of the necessary capacity to understand criminal responsibility. 

§8 Electronic attacks by hackers, crawlers, etc. 

(1) Electronic attacks of any kind to the plattform, the database or the AllMums network or individual users is strictly forbidden. AllMums will react to any form of electronic attack via the immediate expulsion of the User and will pursue legal proceedings againgst the offender as far as is possible.  Electronic attacks include, but are not restricted to: 

• the employment of computer programmes for automatic readout of data, such as Crawlers (alias Spider or Robot, short: Bot)
   
• the deliberate appliance and/or distribution of viruses, worms, Trojans
   
• Brute Force Attacks
   
• Spamming (especially mass spamming)
   
• Hacking attempts, that is attempts to overcome, circumvent or to override or damage in any other way the safety barriers of AllMums
   
• the use of links, progammes or other practices which could or should damage individual users, users' groups, the platform, the database or the AllMums network. 

(2) The User is obliged, provided she is of full age, in case of a chargeable infringement on the prohibition of electronic attacks in §8 (1) to pay to the Operator on first demand a fixed on equitable discretion by the Operator flat tax contract penalty of minimum EUR 6,000.00 (in words: six-thousand Euro). In case of a dispute this contract penalty is to be verified by the approriate regional court.

(3) Furthermore, following a prompt fro mthe Operator, the user, provided she is of full age, is obliged, in case of an infringement on the prohibition of electronic attacks in §8 (1), to immediately issue a declaration to Cease and Desist under the contract penalty reinforcements. This declaratiuon should in principal (depending on the case) contain the following obligations: 

• Cease and Desist Declaration: Cease and Desist Declaration: The User declares that she immedaitely desists from continuing the electronic attack or to renew such an attack. Apart from that, the user declares that she immediately desists from forwarding the data material acquired by means of the electronic attack to third parties.
   
• Affirmation in lieu of oath: The User ensures that she has completely, permanently and unrecoverably deleted all digital material which was acquired by means oft he electronic attack from all existent data carriers irretrievably. Furthermore, the User declares to have destroyed without any trace any analogue data material (e.g. documents, notes, print-outs etc.). The User provides a stutory declaration that constitutes a legally binding confirmation of a successful deletion and abolition of the data. The User accords the Operator to sign this stutory declaration. The User informs the Operator immediately and comprehensively in a written form about any third parties (names, addresses, complete contact data) who had access to the materials acquired from the attack. Furthermore, the User informs the Operator immediately and comprehensively in a written form about any third parties (names, addresses, complete contact data) to whom the data was transferred or was provided to them in any other way.
• Confidentiality: The User attests to observe an absolute confidentiality about the data acquired within the electronic attack. Furthermore, the User guarantees absolute confidentiality about the Cease and Desist and stutory declarations as well as all internal AllMums affairs that became known to the offender. This applies in particular to communications on Internet forums, on blogs or in the press, unless the publication of separate informaton is stringently required for reasons of public law regulations of the authorities or for the ensurance of legal claims to courts. 

(4) §8 (2) and (3) are also applicable to users who are not of full age but who dispose of the necessary capacity to understand criminal responsibility. 

§9 Inclusion of third parties 

The Operator has the right to commission third parties the supply of parts or the whole service spectrum of AllMums. The privacy policy remains hereof unaffected. 

§10 Severability clause 

Should any regulations of these Terms of Use be or become ineffective or partly incomplete, the remaining clauses of the Terms of Use remain intact in their validity. In place of the ineffective regulations, the corresponding legal regulations apply. The same applies to any gaps in the Terms of Use. 

§11 Place of jurisdiction and applicable law

A far as it is legally acceptable, the jurisdiction place is Cologne, Germany. The laws of the Federal Republic of Germany apply apart from the UN Uniform Law on the International Sale of Goods.