Terms of Use

These Terms of Use are a binding agreement between you and Moms Guide SA ("we," "us," or "our") for your use of momsguidesa.com and related services (the "Site"). By using the Site, creating an account, posting content, joining rewards, or signing up for the weekend email, you agree to these Terms.

Please read them with our privacy policy as well. If you do not agree, do not use the Site.

Contents

Acceptance of these terms

By accessing or using the Site, you confirm that you have read, understood, and agree to be bound by these Terms and by our privacy policy. If you create an account, you must check the box that says you accept these Terms. That acceptance is required to join.

We may update these Terms from time to time. The "Last updated" date at the top of this page shows when they last changed. Your continued use of the Site after a change means you accept the updated Terms. If a change is material, we will try to give reasonable notice, such as a note on the Site or an email when we have your address.

Who can use the site

Moms Guide SA is a community guide for parents and caregivers of children in and around San Antonio, Texas. Accounts are for parents and caregivers. You must be able to form a binding contract with us under applicable law.

The Site is not directed to children under 13. We do not knowingly collect personal information from children under 13. In line with the Children's Online Privacy Protection Act (COPPA), if we learn that we have collected personal information from a child under 13 without proper parental consent, we will delete it.

If you believe a child under 13 has given us personal information, email us at [email protected].

We never ask for kids' names, ages, or photos as part of an account or rewards. Do not post identifying information about children in reviews, photos, forms, or other content you share on the Site.

Accounts and security

Some features need an account, such as saving places across devices, check-ins, reviews, rewards, and some forms. When you create an account, you agree to give accurate information and to keep your email address up to date.

You are responsible for keeping your password and any passkeys private, and for all activity under your account. Tell us right away if you think someone else used your account. We may suspend or close accounts that look compromised, abusive, or created to break these Terms.

You may not share one account among many people, create accounts for others without permission, or create extra accounts to game rewards, invites, reviews, or other features. One person should use one account.

We may refuse registration, require email confirmation before certain features work, or limit access when we have a good reason, including security, abuse, or legal risk.

Your content

You may submit content to the Site, including reviews, photos, check-in notes, event submissions, place claims, suggested fixes, messages, and other materials ("User Content"). You keep ownership of your User Content. Between you and us, you own it.

By submitting User Content, you grant Moms Guide SA a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, host, store, reproduce, modify (for formatting and clarity), publish, publicly display, distribute, and create limited derivative works from that User Content in connection with operating, promoting, and improving the Site. This license lasts for as long as your content remains on the Site and for a reasonable time afterward for backups and legal needs.

You represent and warrant that you have all rights needed to submit the User Content and to grant this license, that the content is accurate to the best of your knowledge, and that it does not violate these Terms, any law, or anyone else's rights (including copyright, trademark, privacy, and publicity).

You are responsible for your User Content. We do not claim ownership of it, and we are not required to publish, keep, or return it. We may remove or refuse User Content at any time for any reason allowed by these Terms or by law.

Acceptable use

You agree to use the Site only for lawful purposes and in a way that does not harm us, other users, venues, or the Site. You agree not to:

  • Break any law or encourage others to break the law.
  • Post content that is false, misleading, defamatory, harassing, hateful, threatening, obscene, or sexually explicit.
  • Post content that exploits, endangers, or identifies children in a harmful way.
  • Infringe copyright, trademark, or other intellectual property rights.
  • Collect or harvest personal information about other users without their consent.
  • Impersonate another person or misrepresent your affiliation with a venue or brand.
  • Interfere with or disrupt the Site, including by malware, scraping that overloads our systems, or bypassing security or rate limits.
  • Use bots or automation to create accounts, check in, leave reviews, send invites, or otherwise game rewards or listings, except for ordinary browser use.
  • Attempt unauthorized access to accounts, systems, or data.
  • Use the Site to spam, advertise unrelated products, or run a competing data service built mainly from our listings without our written permission.

Reviews and photos

Reviews and photos help other families decide where to go. When you post a review or photo, you agree that:

  • Your review is based on your own real experience.
  • You will not post fake reviews, reviews you were paid or pressured to write without saying so, or reviews meant only to harm a venue or boost a competitor.
  • Photos you upload are yours to share, or you have permission from the owner. Do not upload photos of children other than your own without the parent or guardian's consent, and avoid clear faces of other people's kids when you can.
  • We may edit for length or clarity, hold a review for review, refuse it, or remove it after it is live.
  • Approved reviews may show with a general label such as "Community member," not your full name, as described in our privacy policy.

Venue owners and staff may respond through channels we offer, but they must follow these same rules. We are not required to take a side in a dispute between a reviewer and a venue.

Moderation and ending access

We may review, edit, refuse, hide, or remove User Content, listings, or other material on the Site. We may investigate reports of abuse. We try to keep the Site helpful and safe for families, but we do not promise to review every piece of content before it appears.

We may suspend, limit, or terminate your access or account, with or without notice, if we believe you broke these Terms, created legal or safety risk, abused rewards or invites, or if we need to for operational or legal reasons. You may stop using the Site at any time.

To ask us to delete your account, email us at [email protected].

If we end your access, sections that by nature should survive (such as intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution) will continue to apply.

Our intellectual property

The Site and our own content (including text, design, logos, selection and arrangement of listings, guides, software, and branding) are owned by Moms Guide SA or our licensors and are protected by copyright, trademark, and other laws. "Moms Guide SA," related marks, and the look of the Site are our trademarks or trade dress.

You may use the Site for your personal, non-commercial use to find family activities. You may not copy, scrape, republish, sell, or build a competing product from our content in bulk without our prior written consent, except for limited quoting with credit that is allowed by fair use or similar law.

Venue names, logos, and materials belong to their owners. Listing them on the Site does not mean we own them or that the venue endorses us.

Copyright complaints (DMCA)

We respect intellectual property rights and expect users to do the same. Under the Digital Millennium Copyright Act (DMCA), we respond to proper notices of claimed copyright infringement on the Site. If we remove material in response to a notice, we may tell the user who posted it. We may terminate accounts of repeat infringers when appropriate.

If you believe content on the Site infringes your copyright, send a written notice that includes all of the following:

  • A physical or electronic signature of the copyright owner or a person authorized to act for the owner.
  • A description of the copyrighted work you claim was infringed.
  • A description of where the material is on the Site (a URL helps).
  • Your name, mailing address, telephone number, and email address if you have one.
  • A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
  • A statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act for the owner.

Our mailing address for copyright notices is: Moms Guide SA, Attn: Copyright Agent, 5886 Dezavala Rd Ste 102-469, San Antonio, TX 78249.

Send DMCA notices by email to [email protected]. Clearly mark the message as a DMCA copyright notice. We may not process incomplete notices.

Knowingly misrepresenting that material is infringing may expose you to liability for damages, including costs and attorney fees. If your material was removed and you believe that was a mistake or misidentification, you may send a counter-notice with the information the DMCA requires. We may restore the material if the complainant does not seek a court order within the time the law allows.

Third-party links and listing accuracy

Listings often link to venue websites, ticket pages, maps, social media, and other third-party services. Those sites have their own terms and privacy practices. We are not responsible for their content, availability, prices, safety, or policies. A link does not mean we endorse the third party.

We work to keep hours, ages, prices, addresses, and other details useful, and community members help. Still, information can be wrong, incomplete, or out of date. Always confirm details with the venue before you go, especially for tickets, closures, age rules, and accessibility. We do not guarantee that any listing is accurate or that any venue will meet your expectations.

Events, camps, and places are run by third parties. We do not operate those venues or guarantee the safety of any activity. Parents and caregivers remain responsible for supervising children and deciding what is appropriate for their family.

Rewards program

If you join Moms Guide Rewards, these Terms apply along with the program rules on how rewards work. Points and levels have no cash value. They are not gift cards, bank deposits, or property you can sell or transfer, except as we expressly allow.

We may change how points are earned, daily limits, levels, prizes, and invite rules. We may withhold, reverse, or remove points that came from abuse, mistake, fraud, duplicate accounts, fake check-ins, or fake reviews. Prizes, when offered, may have their own rules, eligibility limits, and taxes you are responsible for.

Check-ins may use your device location once to confirm you are nearby. We do not save that location for the check-in. See our privacy policy for what we keep for rewards.

Weekend email

You can sign up for our weekend email, including by checking the optional box on the account sign-up form. If you check that box when you create an account, we start the weekend email after you confirm your account email. We do not send a second confirm email for that opt-in.

You can unsubscribe at any time using the link in each weekend email or from account settings when available. After you unsubscribe, we may keep your address marked as unsubscribed so we do not email you by mistake. Transactional account emails (such as password resets) are separate from the weekend email.

Privacy

Our privacy policy explains what we collect, how we use it, and the choices you have. By using the Site, you also acknowledge that policy. If these Terms and the privacy policy conflict on a privacy topic, the privacy policy controls for that topic.

Disclaimers

THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Site will be uninterrupted, secure, or error-free, that defects will be corrected, or that listings, maps, rewards balances, or emails are complete or current. You use the Site at your own risk. Some places do not allow certain disclaimers; in those places, our disclaimers apply to the maximum extent permitted.

Limitation of liability

TO THE FULLEST EXTENT ALLOWED BY LAW, MOMS GUIDE SA AND ITS OWNERS, OPERATORS, AFFILIATES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SITE, EVEN IF WE WERE TOLD SUCH DAMAGES WERE POSSIBLE.

TO THE FULLEST EXTENT ALLOWED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US TO USE THE SITE IN THE TWELVE MONTHS BEFORE THE CLAIM (WHICH IS OFTEN ZERO BECAUSE THE SITE IS FREE) OR (B) ONE HUNDRED U.S. DOLLARS ($100).

These limits do not apply to liability that cannot be limited under applicable law, such as certain liability for gross negligence or intentional misconduct where a waiver is not allowed. Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the maximum extent permitted.

Indemnification

You agree to defend, indemnify, and hold harmless Moms Guide SA and its owners, operators, affiliates, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or related to: (a) your User Content; (b) your use of the Site; (c) your breach of these Terms; or (d) your violation of any law or third-party right. We may take over the exclusive defense of any matter subject to indemnification at your expense. You agree to cooperate with that defense.

Dispute resolution

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules that would apply another state's law. Subject to any rights you may have under consumer-protection laws that cannot be waived, you and Moms Guide SA agree that the state and federal courts located in Bexar County, Texas are the exclusive venue for disputes arising out of or related to these Terms or the Site, and you consent to personal jurisdiction there.

Before filing a lawsuit, please email us at [email protected]. Try to resolve the dispute informally first. Many issues can be fixed by talking first.

These Terms do not require arbitration and do not include a class-action waiver. Either party may bring claims in court on an individual basis. If a court finds that a part of this dispute section cannot be enforced, the rest of these Terms still apply.

Changes to these terms

We may change these Terms at any time by posting an updated version on this page and updating the "Last updated" date. Material changes may also be announced on the Site or by email when we have your address. If you do not agree to the new Terms, stop using the Site and close your account. Continued use after the effective date of the changes means you accept them.

Severability

If a court finds any part of these Terms unenforceable, that part will be modified to the minimum extent needed to make it enforceable, or if that is not possible, severed. The rest of the Terms will remain in full force.

Entire agreement

These Terms, together with the privacy policy and any other policies or rules we post that expressly say they are part of your agreement with us (including rewards program rules when you use rewards), are the entire agreement between you and Moms Guide SA about the Site. They replace any prior agreements or understandings on that subject. Our failure to enforce a right is not a waiver of that right. You may not assign these Terms without our consent; we may assign them in connection with a merger, sale, or reorganization. Headings are for convenience only.

Contact us

Moms Guide SA operates momsguidesa.com. Mailing address: 5886 Dezavala Rd Ste 102-469, San Antonio, TX 78249.

For questions about these Terms, to report abuse, or to send a copyright notice, email us at [email protected].