My Dad N' Me Terms of Use
LAST UPDATED:  MAY 21, 2009

Welcome to the official website of My Dad ‘N Me, the place where Dads and Kids connect!  This online family network service (the "Service") is a way for dads and kids to get and stay connected. MyDadNMe.com is owned and operated by Inspiring U, Inc. (doing business, in this case, as “MyDadNMe”) whose principal office is located at MyDadNMe, P.O. Box 57-7524, Chicago, Illinois  60657 (the "Company", “we” or “MyDadNMe”). 

The following “Terms of Use” govern your use of this Site. Please read these terms of use carefully. By using this Site (this “Site” or the “website”), you acknowledge that you accept these Terms of Use and that you agree to be bound by them. Check often for updates, as we reserve the right, in our sole discretion, to modify these Terms of Use at any time.  By accepting these Terms of Use or otherwise making any use of this Site, you represent and warrant to MyDadNMe that (i) you have the authority to enter into this agreement, (ii) this agreement is binding and enforceable against you, and (iii) you have read and understand MyDadNMe’s Privacy Policy (the “Privacy Policy”), the terms of which are posted at the Site and incorporated herein by reference.

1.    Intended Audience.

This website is intended for use by families and family members of all ages. Children under 13 must obtain explicit parental permission to use this Site.  Public areas of the Site are open to all visitors.  Private areas of the website require registration, user accounts for family members, and users are required to login upon visiting. 

2.    Materials.

Unless otherwise noted, the content on this Site, including but not limited to all information, text, articles, data, images, screens, badges, web pages, trademarks, trade names, service marks, logos or other materials (collectively, the “Materials”), is the exclusive property of the Company or third party licensors or suppliers as indicated, and is subject to copyright, trademark, service mark, trade dress, patent and other intellectual property rights under United States and foreign laws and international conventions.  The Company grants you a limited, revocable, non-exclusive license, with no right to sublicense or assign, to use, access and display the Materials only in connection with your use of this Site for personal, educational and non-commercial purposes.  The Materials may not be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, or used to create derivative works, except as provided in these Terms of Use. You may not use any content contained in the Materials in any manner that may give a false or misleading impression or statement. 

Address any inquiries concerning usage of Company trademarks, copyrights or other intellectual property to:

MyDadNMe
Customer Support – Copyright Issues
PO 57-7524
Chicago, IL 60657
1-888-370-Inspire (4677)

3.    User Content.

Any information, data, text, files, images, photos, video, sounds, musical works, works of authorship, profiles (including your name, image, and likeness), reviews, messages, notes, text, and other content that you upload, publish, display, transmit, post or submit on or to this Site (“User Content”) will be subject to these Terms of Use. With respect to any User Content posted or submitted by you on or through this Site, you represent and warrant that: (i) you own or otherwise have the right to grant the license set forth below in this section with respect to such User Content, (ii) such User Content does not violate the privacy rights, publicity rights, copyrights, intellectual property rights, confidentiality rights, contract rights or any other rights of any person, and (iii) you agree to pay any and all royalties, fees, and any other monies owing any person arising in connection with such User Content appearing on this Site. If a third party claims that the posting or submission of any User Content by you is unlawful, you will bear the burden of establishing that it is lawful.

The Company does not claim ownership of content you create, upload, transmit or make available in any way on the Company.  However, by uploading, publishing, displaying, transmitting, posting or submitting any User Content on or through this Site, you hereby grant to the Company a limited, non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, sublicensable right and license to use, modify, publicly perform, publicly display, reproduce, create derivative works of and distribute such User Content together with your name and location (city, state and / or country) for any purpose including, but not limited to, reproduction, disclosure to third parties, broadcasting, transmission, promotion, posting or otherwise in any media format or channel now known or hereafter developed.  This license does not entitle you to any payment from the Company for any reason.  Uploading, transmitting or submitting User Content on or through this Site does not obligate the Company to publish, display or post such User Content publicly, and any such User Content may be removed by the Company at any time for any or no reason.  Should your account be terminated, you will not be given back any User Content you uploaded to this Site, nor will you be given access to those materials.

You agree that you will not upload, publish, display, transmit, post or submit any User Content on or through this Site that is contrary to (i) any MyDadNMe Community Guidelines posted at the Site from time to time, which may be updated from time to time, or (ii) applicable local, federal, or international laws and regulations. You agree to defend and indemnify MyDadNMe from and against any and all expenses, costs, liabilities, damages, claims or other amounts (including, without limitation, attorney’s fees) arising out of or relating to any User Content you post to this Site.

4.    Copyright Policy.

If you own or represent the owner of any Material or User Content that you believe in good faith has been used in a way that constitutes copyright infringement, please send written notice to Inspiring U, Inc. Copyright Agent at This e-mail address is being protected from spambots. You need JavaScript enabled to view it ; Inspiring U, Inc. P.O. Box 57-7524, Chicago, IL 60657  US, Attention:  General Counsel; or 1-888-370-Inspire (4677).

Any such notice must include the following: (i) identification and description of the copyrighted work that you claim has been infringed; (ii) the exact URL or location of the material that is claimed to be infringing; (iii) 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; (iv) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is claimed to be infringed; (v) your name, address, telephone number and email address; and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

If you believe that the copyright of any User Content or Material you own has been infringed on an Affiliated Site (as defined below), you must follow the procedure set forth on such Affiliated Site.  The Company is not obligated to take any action upon receiving notice of infringement on an Affiliated Site or any other website other than the Site.

5.    Affiliated Sites.

This Site may enter into business relationships with the websites of certain other entities which provide users with content and services, including, for example, YouTube, Flickr, Facebook, MySpace, Twitter, Blip.tv, Connected Ventures, LLC (providers of Vimeo Technology), and Tube Mogul (the “Affiliated Sites”).  When using the content or services provided on Affiliated Sites, users are subject to the terms of use and privacy policies of such Affiliated Sites in addition to the applicable provisions of the Company’s Terms of Use, Privacy Policy and Community Guidelines.  The Company shall not be liable in any way for damages or other claims arising out of your use of any Affiliated Site.

6.    Links To Third Party Sites And Badges.

Any third party websites that are accessible via links on this Site (including the Affiliated Sites) are not under the control of the Company. The Company is not responsible for and has no control over the content of any such site or any link contained in such a site, or any changes or updates to the information contained in such sites.  Linked sites, which include Affiliated Sites, are not owned by the Company and are subject to the terms of use of their respective operators.  You should review the terms of use of each website you visit.  The Company provides links to these sites as a convenience and the provision of such a link on this Site does not imply the Company’s endorsement of such site, the organization operating such site, or any products or services of that organization.

Your linking to any off-site pages or other sites is entirely at your own risk. Under no circumstances will the Company be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. We further disclaim all liability for any legal or other consequences (including for infringement of third party rights) of links to this Site made by users of this Site.

In addition, this Site may offer Company badges, which allow third parties to download Company badges and link back to this Site, and which may contain Material. The Company’s provision of badges, and any Material provided thereon, is governed by these Terms of Use. 

7.    Account Information.

Certain features of this Site require that you create an account and become a “Member” of this Site. You warrant and represent that the information you provide to register (“Account Information”) is correct, current and complete.  You are solely responsible for maintaining the confidentiality of your Account Information.  You agree to notify the Company immediately if you suspect any unauthorized use of your account or Account Information.  You are solely responsible for any and all use of your account, including any User Content posted, uploaded or transmitted using your account.  If you have reason to believe that your account is no longer secure, you must promptly change the affected Account Information and notify the Company of the problem.

You may modify your Account Information or terminate your membership at any time by following the instructions on the Member’s account settings page.  

Becoming a member of an Affiliated Site does not make you a Member of this Site, nor does becoming a Member of this Site make you a member of any Affiliated Site.

8.    Access to Site.

The Company may refuse, restrict or suspend your access to this Site at any time, without warning or notice, for any reason, in our sole discretion.  The Company reserves the right to modify, suspend or terminate this Site or any feature or portion thereof at any time, without warning or notice, for any reason, in our sole discretion. The Company shall not be liable to you or any third party for modification, suspension or termination of your access to this Site, or any modification, suspension or termination of this Site or any feature or portion thereof.

9.    Rules Of Site Use.

If you use this Site, including becoming a Member, providing Account Information, participating in chat rooms and forums or by submitting User Content, e-mails or other information via this Site, you must follow a few simple rules:

a)    You may not post, upload or transmit any messages or materials anonymously or under a false name or false e-mail address.

b)    While we do not seek to limit expression of ideas, certain materials and language will not be tolerated. You may not post, upload or transmit any material or links to materials that are libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law or that constitutes hate speech.

c)    You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. The Company reserves the right remove any User Content, for any reason or for no reason at our sole and absolute discretion, including if we are notified that such User Content allegedly infringes on another's intellectual property rights.

d)    You may not distribute or otherwise publish any material of a commercial nature or containing any solicitation of funds, advertising or solicitation for goods and services.

e)    You may not post, upload or transmit materials of a political nature, including endorsements of candidates, political parties or political positions.

f)    You may not post, upload or transmit any software or other material which contains a virus or other harmful code or device.

g)    You may not use this Site to distribute chain letters, mass mailings or “spam” or to gather e-mail addresses for the purpose of sending “spam” to other users of this Site.

h)    The Company does not and cannot review every message posted by you and is not responsible for any materials posted by others in chat rooms or forums or on or through this Site. However, we have the right (but not the obligation) to delete, edit or move any material that we deem, in our sole discretion, to be in violation of the rules of the MyDadNMe chat rooms or forums or these Terms of Use, or which we otherwise, in our sole discretion, consider to be objectionable, irrelevant or inappropriate.

i)   You may not use this Site for any purpose that invades any person’s or entity’s privacy or other rights or that could reasonably be deemed or viewed to be unethical, illegal, or offensive.
i)   You may not use any automatic or manual process to harvest, collect, or store information about other users of this Site or its services or use any such information for any purpose whatsoever without the Company’s express prior written consent and approval.  In any event, you may not knowingly solicit or collect personal information from a child 12 years old or younger without appropriate prior verifiable parental consent.
j)   You may not take any action on this Site or use any Site content to harm minors in any way.
By using this Site, you agree to abide by these rules. You acknowledge that the Company has the right to limit or terminate access to chat rooms or forums for any reason, including violation of the rules of the MyDadNMe chat rooms or forums or these Terms of Use.

When you post content on an Affiliated Site you are subject to the terms of use and policies of such Affiliated Site as well as the Terms of Use and Privacy Policy of this Site.  When you visit any Affiliate Site, you must follow that Affiliate Site’s applicable terms of use and privacy policy as well as the Terms of Use and Privacy Policy of this Site.

10.    Online Shopping. 

Certain products may be made available for purchase at the Site from time to time.  Any such purchase will, in addition to being subject to these Terms of Use, be subject to the Company’s then current Terms of Sale made available to you at the time of purchase.

11.    Representation And Warranty.

You represent and warrant that (a) any material you post, upload or transmit to the this Site, including chat rooms or forums, does not and will not violate any rules of MyDadNMe chat rooms or forums (including the “Rules of Site Use” above) or these Terms of Use, and that (b) your use of this Site complies with these Terms of Use and your use of any Affiliate Site also complies with the terms of use of the applicable Affiliated Site.

12.    Release; Indemnity.

Without limiting the generality of the disclaimers set forth in this Agreement, you hereby waive and release the Company, its affiliates, and each of their equity holders, officers, directors, managers, members, shareholders, employees and agents from any damages and claims of any sort, whether direct or otherwise, that arise out of or result from your use of this Site and any services offered through this Site, including, without limitation, any dealings or transactions between you and third parties from whom you obtain any information, goods, or services through this Site.
You agree that you will indemnify, defend and hold harmless the Company and its directors, officers, employees, members and licensees from and against any and all claims, liabilities, cost or expenses, including attorneys’ fees, arising out of or relating to (1) your breach of any of the above representations and warranties, (2) your violation of any of the restrictions and/or obligations set forth in these Terms of Use, (3) your use of this Site or any Affiliated Site, (4) the materials you have posted, uploaded or transmitted in any chat rooms or forums or on or through this Site or any Affiliated Site, or (5) the Company’s publication, distribution or use of such materials.

13.    Third Party Content.

This Site may contain information provided by third parties (“Third Party Content”). The Company makes no representation or warranty regarding the accuracy, truth, quality, suitability or reliability of such information and is not responsible for any errors, omissions or inaccuracies contained in Third Party Content. The Company does not endorse, warrant or guarantee any opinions, products or services offered on this Site. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.  Accordingly, the Company has no liability of any kind to you or any other person relating to any Third Party Content, including, without limitation, mistake, misstatement of law, omission, falsehood, defamation, obscenity, pornography, profanity, opinion, representation, and any other content contained in the Third Party Content or for any loss or damage of any kind incurred as a result of the use of any Third Party Content.  Statements of opinion and commentary in Third Party Content are those of the third party and, unless the Company expressly states in writing to the contrary, the Company neither endorses nor adopts as its belief any such statements.

This Site may, from time to time, offer forums or chat rooms where you can consult and communicate with various professionals such as family therapists and attorneys. Responses provided by any such individual do not constitute the advice of a therapist, attorney or any other professional, and do not constitute the applicable respondent or any other entity or individual as your therapist or legal counsel.  In addition, any advice, suggestions or summaries provided through this Site should be carefully reviewed by you, a therapist engaged by you and/or, as applicable, legal counsel prior to any person or entity acting on any such advice.  The Company does not recommend or endorse any advice or suggestions provided through this Site, nor does it make any representation or warranty regarding the quality of services offered or provided through this Site.  This Site is not intended to and does not constitute or create any attorney-client or therapist-client relationship.  You should not share any confidential communication between you and any lawyer or therapist with the Company. 

14.    Disclaimer Of Warranties.

The Company intends that the information contained in this Site be accurate and reliable; however, errors sometimes occur.  In addition, changes and improvements to the information provided herein or on this Site may be made by the Company at any time.  THIS SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS, WHERE IS AND AS AVAILABLE."  THE COMPANY AND/OR ITS SUPPLIERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED WITHIN THIS SITE, INCLUDING WITHOUT LIMITATION (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, (II) AS TO THE RESULTS THAT MAY BE OBTAINED BY USE OF THIS SITE OR ANY OF THE COMPANY’S SERVICES, (III) WARRANTIES AS TO THE EFFECT YOUR USE OF THIS SITE MAY HAVE ON YOUR RELATINSHIP WITH A CHILD OR PARENT, OR (IV) AS TO THE ACCURACY OR UTILITY OF ANY SUGGSTION, ADVICE OR ANSWER PROVIDED TO YOU IN ANY PORTION OF THIS SITE.  USE OF THIS SITE AND/OR THE COMPANY’S SERVICES IS AT YOUR OWN RISK.  THE COMPANY AND/OR ITS SUPPLIERS’ SITES ARE NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE AND/OR THE COMPANY’S SERVICES OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  IN ALL EVENTS, THE AGGREGATE LIABILITY OF THE COMPANY, ITS OWNERS AND AGENTS FOR ANY REASON AND UPON ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED $100.

Information on this Site is provided to the public as a source of general information and should not be used as the basis for formulating business decisions. This information is not comparable to, and should not be used in substitution for, professional advice given with full knowledge of the specific circumstances of each case and proficiency in the laws of the relevant jurisdiction. Information included on this Site may not be relevant to or accurate for all jurisdictions.

15.    Limitation Of Liability.

You have sole responsibility for adequate protection and backup of data and / or equipment used in connection with this Site and agree, by using this Site, that you will not make any claim against the Company for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of this Site or any downtime or malfunction of this Site. As a visitor to and a user of this Site, you agree that all access and use of this Site and its contents are at your own risk.

16.    Submissions.

While we welcome your comments and feedback regarding this Site, the Company is under no obligation to respond to correspondence received through this Site, to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. We do not wish to receive any confidential or proprietary ideas, suggestions, materials or information via this Site or any e-mail connection. All unsolicited comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to the Company through this Site shall become and remain the property of the Company. Any such submission by you is a declaration of the full release of all proprietary claims and / or intellectual rights regarding your submission.

17.    Privacy.

All uses by the Company of your personal information will be in accordance with the Company’s Privacy Policy for this Site. If you use this Site, you are accepting the terms and conditions of the Privacy Policy. If you use any Affiliated Site, you are accepting the terms and conditions of such site including such Affiliated Site’s privacy policy. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue use of this Site or the applicable Affiliated Site.

18.    Changes To These Terms Of Use.

The Company reserves the right to modify these Terms of Use at any time without notice, by updating this posting. Your continued use of this Site after changes are posted constitutes your acceptance of these Terms of Use as modified. You should check this page periodically, accessible via a link from the homepage, for any modifications.

19.    Governing Law.

Any claim or controversy arising out of or relating to the use of this Site, to the goods or services provided by Company, or to any acts or omissions for which you may contend Company is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration.  The arbitration shall be held before one arbitrator under the commercial arbitration rules of JAMS in force at that time.  The arbitration shall be venued in Cook County, Illinois.  The arbitrator shall be selected pursuant to the JAMS rules. Should no JAMS rule regarding the selection of an arbitrator be in effect, you shall select an arbitrator from a panel of arbitrators acceptable to Company.  The costs of arbitration shall be paid by the non-prevailing party.

Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Cook County, Illinois.  The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto.  The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this Agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING ARBITRATION.  YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS.  YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS.  YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.  You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court.  Arbitrator decisions are enforceable and are subject to very limited review by a court.  By accessing this Site you consent to these restrictions.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Company, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Cook County, Illinois.  If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees from the non-prevailing party.

20.    Complete Agreement.

These Terms of Use, together with the Company’s Privacy Policy and Community Guidelines, represent the entire understanding relating to the use of this Site and prevail over any prior or contemporaneous, conflicting or additional communications.

21.    Severability.

If any provision of these Terms of Use shall for any reason and to any extent be determined by any tribunal of competent jurisdiction to be invalid or unenforceable, the remaining provisions of these Terms of Use shall be interpreted so as best to reasonably effect the intent of the parties. The parties further agree that any such invalid or unenforceable provisions shall be deemed replaced with valid and enforceable provisions that, to the extent possible, are coextensive with the business purposes and intent of such invalid and unenforceable provisions.

22.    International Users.

This Site is controlled and operated within the United States. The Company makes no representation that content, materials or products available on or through this Site are appropriate or available for use outside of the United States. If you access this Site from a location outside the United States, you are responsible for compliance with applicable laws, including U.S. export laws and regulations. By using this Site and submitting any personal information, visitors from outside of the United States acknowledge that this Site is subject to U.S. law, consent to the transfer of personal data to the U.S., and waive any claims that may arise under their own national laws.

Additionally, you agree to comply with all local rules regarding online conduct and acceptable User Content.  Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

23.    Contacting Us.

If you have any questions or comments concerning our Terms of Use, please contact us via e-mail at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or send a letter to:

MyDadNMe
Customer Support – Privacy Policy Issues
PO 57-7524
Chicago, IL 60657