Suburban Moxie, Parent Company of Newborn Photography Magazine
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING CERTAIN LIMITATIONS AND EXCLUSIONS AND A PROCEDURE FOR RESOLVING DISPUTES.
As used in this Agreement:
A. Site Content means all text, graphics, video, audio, links, communications, and other information contained on the Site.
C. Member mean a person who has agreed the terms of this Agreement and been accepted for Membership by Owner.
III. Using the Site While using this Site, you will not:
A. Post content or items in an inappropriate category or areas on the Site;
B. Violate any laws, third party rights or our policies;
C. Use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using the Site;
D. Fail to deliver payment for items purchased by you;
E. Fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer’s identity;
F. Manipulate the price of any item;
G. Circumvent or manipulate billing process of the Site, or fees owed to the Site;
H. Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
I. Transfer your Site account and/or password to another party without our consent;
J. Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
K. Distribute viruses or any other technologies that may harm this Site, or the interests or property of the members of this Site;
L. Copy, modify, or distribute rights or content from the Site or the Site’s copyrights and trademarks; or
M. Harvest or otherwise collect information about Members, including e-mail addresses, without their consent.
IV. Abusing the Site Member agrees to report problems, offensive content, and policy violations to Owner. Without limiting other remedies, Owner may limit, suspend, or terminate members’ service, prohibit access to the Site, delay or remove hosted content, and take technical and legal steps to keep members off the Site if Owner believes that any such member or members are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of the policies of Owner. Owner also reserves the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue this Site.
V. Buyer Protection Buyers and sellers share the responsibility for making sure purchases facilitated by this Site are rewarding and free of unnecessary difficulties or nuisances. Owner strongly encourages buyers to work with sellers before presenting a claim relating to a purchase. The arbitration process set forth in Paragraph XIX below is mandatory.
VI. Fees and Services Joining this Site and viewing online issues of Newborn Photography Magazine are free. Owner does not charge for these services.
VII. No Agency No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
VIII. Notices A. Except as explicitly stated otherwise, notices shall be served on Owner at the following e-mail address: firstname.lastname@example.org. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may be given notice by mail to the following address, and in such a case, notice shall be deemed given three days after the date of mailing.
Attn: Newborn Photography Magazine
3853 Mariner St
Waterford, MI 48329
B. Except as explicitly stated otherwise, notices to members shall be served on you at your e-mail address given to Owner upon your registration. Notice shall be deemed given 24 hours after email is sent.
IX. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
X. We may amend this Agreement at any time by posting the amended terms on Site. Except as stated elsewhere, all amended terms shall automatically be effective 3 days after they are initially posted.
XI. Password and Security
Upon registration, you will select a user name and password. You are solely responsible for use of the Site. You must keep your password confidential so that no one else may access the Site through your account. You must notify Owner immediately upon discovering any unauthorized use of the Site or if you believe your password has been compromised.
XII. Service Access and Speed
Service speed may vary depending on your online or Internet service provider, location, line quality, inside wiring, Internet traffic, and other factors beyond our control. You acknowledge and agree that you must provide for your own access to the Internet and pay any service fees associated with such access, and that you must provide all equipment necessary for you to make such connection to the Internet, including a computer and modem. You may not have full access to the Site if the Internet connection for your Internet service provider is down or inaccessible, or if you provide incorrect information. If your Internet service provider terminates your service, your access to the Site may be limited or denied. Site Owner is not responsible for any such limitation or denial, or for any long-distance, toll, or other charges or fees you incur while you use the Site.
XIII. Third Party Sites
The Site may contain links to websites provided or operated by other parties. When you visit any such websites, you do so at your own risk. We undertake no obligation to monitor such websites and are not responsible for any damage, loss of privacy, or offensive material you may encounter as you navigate away from the Site.
XIV. Disclaimer of Warranties
A. Our website and the services provided through it are provided on an AS IS and AS AVAILABLE basis. Your use of this Site shall be at your sole risk. Owner disclaims to the fullest extent permissible by law, and waives, all warranties of any kind, whether expressed, implied, or statutory, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement, in connection with the Site and your use thereof.
B. Suburban Moxie makes no warranties or representations about the accuracy or completeness of the Site’s content and assumes no liability or responsibility for any (i) errors, mistakes or inaccuracies of content, (ii) any unauthorized access to or use of our Site, (iii) any interruption or cessation of transmission to or from the Site, (iv) any bugs, viruses, Trojan horses, or similar such matter which may be transmitted to or through our Site by any third party, (v) any errors or omissions in any content and/or (vi) any loss or damage of any kind incurred as a result of the use of any content transmitted or otherwise made available through the Site. You assume the entire risk of loss and damage due to your use of the Site, including but not limited to the cost of repairs or corrections to your hardware or software.
XV. Limitation of Liability
Your use of our Site is entirely at your sole risk. Owner shall not be liable for any direct, indirect, incidental, consequential, special, exemplary or punitive damages or losses, including without limitation loss of use, data, profits, goodwill, or other intangible losses, whether based in contract, tort, strict liability, or otherwise, which you may incur in connection with the use of the Site.
You agree to indemnify and hold harmless Owner from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees), arising out of your acts or omissions, including claims resulting from your use of the Site.
XVII. CHOICE OF LAW
The terms of this User Agreement and use of this Site is governed by the laws of the State of Michigan.
XVIII. Copyrights and Trademarks
A. All content included on this Site, such as text, graphics, logos, button icons, images, audio clips and software, is the exclusive property of Owner and/or others and protected by U.S. and international copyright laws. Any software used on this Site is the property of Owner and protected by U.S. and international copyright laws.
B. Newborn Photography Magazine is a trademark of Owner and may not be used in connection with any product or service that does not belong to Owner or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Owner.
XIX. Mandatory Arbitration
Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.
XX. Entire Agreement
This Agreement shall constitute the entire Agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.
XXI. Assignment of Rights
The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.
XXII. PRIVACY STATEMENT
A. Owner does not collect personally identifiable information about individuals who visit the Site except when the information is specifically provided on a voluntary basis. Personally identifiable information on Members will not be sold or otherwise transferred without the approval of the Member. Owner reserves the right to contact a Member regarding account status, changes to the Agreement and other matters relevant to the use of the Site. Owner reserves the right to change this policy at any time. Any such change will be posted on the Site.
XXIII. Credit Card Purchases:
Information provided for your purchase (including billing name, billing address, telephone number, and fax number) will not be shared or sold to anyone nor to any third party. Payment information (such as credit card numbers and expiration dates) is treated confidentially and will not be shared with anyone except the financial institutions used to process payments. We use Paypal to protect your billing information.
XXIV. Termination This Agreement is effective until terminated by Owner or Member at any time without notice. In the event of termination, the disclaimers and limitations of liabilities set forth in this Agreement shall survive.
XXV. Contacting Us
If you have any questions about this privacy statement, the practices of this Site, or your dealings with this Site, you can contact:
Attn: Newborn Photography Magazine
3853 Mariner St
Waterford, MI 48329
Date of Last Revision: 6/4/13