Suburban Misfit Mom User Agreement

Effective Oct. 1, 2015

This agreement (“user agreement” or “agreement”) between Suburban Misfit Mom (“we”, “our,” “us”) sets the terms of your use of the Suburban Misfit Mom website and services (“Suburban Misfit Mom”). This agreement is meant to encourage a fair and tolerant place for ideas, people, links, and discussion.  This agreement is a legal contract between you and us. You acknowledge that you have read, understood, and agree to be bound by the terms of this agreement. If you do not agree to this agreement, you should not use Suburban Misfit Mom.  You also agree to our privacy policy found here:  suburbanmisfitmom.com/privacy-policy

Without advance notice and at any time, we may, for violations of this agreement or for any other reason we choose: (1) suspend your access to Suburban Misfit Mom, (2) suspend or terminate Your Account, and/or (3) remove any of your User Content from Suburban Misfit Mom.

We reserve the right to monitor Suburban Misfit Mom, and your use of the Service means you agree to such monitoring. At the same time, we do not guarantee we will monitor at all.

Suburban Misfit Mom is designed and supported for personal use only. You may not use Suburban Misfit Mom to break the law, violate an individual’s privacy, or infringe any person or entity’s intellectual property or any other proprietary rights.

Suburban Misfit Mom is intended to be a place for your entertainment. We are not responsible for any decisions you make based on something you read on Suburban Misfit Mom.

Suburban Misfit Mom is not intended to be a marketplace for any goods or services. For this reason, any transactions you undertake are your responsibility alone, so be careful.

You may not use Suburban Misfit Mom to conduct transactions for any illegal goods or services.

Your Account

To participate on Suburban Misfit Mom, you must create an account (“Your Account”) and, if you want to be able to reset your password or have us contact you, an email address as well.  Of course, you can also browse Suburban Misfit Mom without logging in.  You are solely responsible for the information associated with Your Account and anything that happens related to Your Account.  You may not license, transfer, sell, or assign Your Account without our written approval.

Suburban Misfit Mom Content

Suburban Misfit Mom contains graphics, text, photographs, images, video, audio, software, code, website compilation, website “look and feel,” and advertisements supplied by us or our licensors, which we call “Suburban Misfit Mom content.” Suburban Misfit Mom content is protected by intellectual property laws including copyright and other proprietary rights of the United States and foreign countries.

We grant you the right to access the Suburban Misfit Mom content in the manner described in this agreement. You may not otherwise make unauthorized commercial use of, reproduce, prepare derivative works, distribute copies, perform, or publicly display Suburban Misfit Mom content, except as permitted by the doctrine of fair use or as authorized in writing by us. If you are interested in licensing Suburban Misfit Mom content, contact us at contact@openhill.com.

Your Content

You retain the rights to your copyrighted content or information that you submit to Suburban Misfit Mom (“user content”) except as described below.  By submitting user content to Suburban Misfit Mom, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your user content in any medium and for any purpose, including commercial purposes, and to authorize others to do so.  You agree that you have the right to submit anything you post, and that your user content does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party.

No Endorsements

We take no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any user content submitted by you to Suburban Misfit Mom.

Links and Suburban Misfit Mom

Suburban Misfit Mom is a place with many third-party hyperlinks posted by users like you. We are not responsible for the content or actions of any third party websites or services associated with posted links. You agree to take sole legal responsibility for any links you post, and neither this agreement nor our privacy policy applies to any content on other websites related to those links. You should consult the terms and privacy policies of those other websites to understand your rights.

Your Participation

You also agree to follow the Suburban Misfit Mom Content Policy. These guidelines are intended to keep people safe, protect kids, keep Suburban Misfit Mom running, and to encourage personal responsibility for what you do on Suburban Misfit Mom.

Curators and Moderators

Curators and moderators help determine which content is appropriate, which is not appropriate, and which content is worth featuring more prominently.  Curating at Suburban Misfit Mom is an unofficial, voluntary position. We reserve the right to revoke that position for any user at any time. If you choose to curate, you agree to the following:

  • You may not enter into any form of agreement on behalf of Suburban Misfit Mom without our written approval.
  • You may not perform curation actions in return for any form of compensation or favor from third-parties.
  • When you receive notice that there is content that violates this user agreement on Suburban Misfit Moms, you agree to remove it.

You agree that Suburban Misfit Mom is not responsible for the actions taken or not taken by Curators.

Spam

You may not post any graphics, text, photographs, images, video, audio or other material that we deem to be junk or spam.  For guidance, see our code of conduct here.

Disruptive Conduct

You agree not to interrupt the serving of Suburban Misfit Mom, introduce malicious code onto Suburban Misfit Mom, make it difficult for anyone else to use Suburban Misfit Mom due to your actions, attempt to manipulate votes or Suburban Misfit Mom’s systems, or assist anyone in misusing Suburban Misfit Mom in any way.

Please reporting any security vulnerabilities or issue you see to contact@openhill.com.

Children and Suburban Misfit Mom

Suburban Misfit Mom is not intended at people under the age of 13, and Suburban Misfit Mom does not knowingly collect any personal information from such people. If you know that a user under the age of 13 is accessing Suburban Misfit Mom, please contact us at contact@openhill.com.

Copyright and DMCA

We will respond to legitimate requests under the Digital Millennium Copyright Act (“DMCA”), and we retain the right to remove user content on Suburban Misfit Mom that we deem to be infringing the copyright of others. If you become aware of user content on Suburban Misfit Mom that infringes your copyright rights, you may submit a properly formatted DMCA request (see 17 U.S.C. § 512) to Suburban Misfit Mom.

Misrepresentations of infringement can result in liability for monetary damages. You may want to consult an attorney before taking any action pursuant to the DMCA. Any DMCA request should be sent to this contact information:

Copyright Agent
Suburban Misfit Mom
709 Plaza Dr., Chesterton, IN 46304
contact@openhill.com

Please send our Copyright Agent the following information:

  1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
  2. Identification of the copyrighted work claimed to have been infringed, or a representative list of such works;
  3. The URL or Internet location of the materials claimed to be infringing or to be the subject of infringing activity, or information reasonably sufficient to permit us to locate the material;
  4. Your name, address, telephone number and email address;
  5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Your Right to File a Counter-Notice

If we remove your user content in response to a copyright or trademark notice, we will notify you via email and offer to provide you with a copy of the notice. If you believe your user content was wrongly removed due to a mistake or misidentification of the material, you can file a counter-notice with us that includes the following:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled;
  3. A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under DMCA 512 subsection (c)(1)(c) or an agent of such person.

Upon receiving a counter-notice we will forward it to the complaining party and tell them we will restore your content within 10 business days. If that party does not notify us that they have filed an action to enjoin your use of that content on Suburban Misfit Mom before that period passes, we will consider restoring your user content to the site.

It is Suburban Misfit Mom’s policy to close the accounts of users we identify as repeat infringers. We apply this policy at our discretion and in appropriate circumstances, such as when a user has repeatedly been charged with infringing the copyrights or other intellectual property rights of others.

Each of the following sections applies to the maximum extent permitted by law. Where jurisdictions do not allow disclaimers of implied warranties or the limitation of liability in contracts, the contents of this section may not apply.

Indemnity

All the things you do and all the information you submit or post to Suburban Misfit Mom remain your responsibility. Indemnity is basically a way of saying that you will not hold us legally liable for any of your user content or actions that infringe the law or the rights of a third party or person in any way. Specifically, you agree to hold Suburban Misfit Mom, its affiliates, officers, directors, employees, agents, and third party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your access to or use of Suburban Misfit Mom, your violation of this user agreement, and/or your violation of the rights of any third party or person.

Disclaimer of Warranties

Suburban Misfit Mom is provided “as is” and without warranty of any kind. To the maximum extent permitted by law, we and our affiliates and third party service providers disclaim any and all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, or any other warranty, condition, guarantee or representation, whether oral or electronic. You are solely responsible for any damage to your computer or mobile device, loss of use, or loss of your user content. We do not guarantee that Suburban Misfit Mom will always work properly.

Limitation of Liability

We will not be liable for any special, consequential, indirect, incidental, punitive, reliance, or exemplary damages, whether in tort, contract, or any other legal theory, arising out of or in any way connected with this agreement or your use of or attempt to use Suburban Misfit Mom, including (but not limited to) damages for loss of profits, goodwill, use, or data. This limitation on liability shall not be affected even if we have been advised of the possibility of such damages. Some states do not allow for the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you. You may have other rights that vary from state to state.

You agree to release us, our affiliates, and third-party service providers, and each associated director, employee, agents, and officers, from claims, demands and damages (actual and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of Suburban Misfit Mom.

Governing Law

We want you to enjoy Suburban Misfit Mom, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here or by emailing us at contact@openhill.com.

The headings in this agreement are for convenience and do not control any of its provisions.

Any claim or dispute between you and us arising out of or relating to this user agreement, in whole or in part, shall be governed by the laws of the State of Connecticut without respect to its conflict of laws provisions. We agree and you agree to submit to the personal jurisdiction and venue of the state and federal court located in the state of Connecticut.

Severability and Enforcement

If any provision of this user agreement is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this agreement.

If we do not enforce any right or provision in this user agreement, that is not to be deemed a waiver of our right to do so in the future.

Changes to This User Agreement

This user agreement is the entire agreement between you and us concerning Suburban Misfit Mom. It supersedes all prior or contemporaneous agreements between you and us. We may modify this user agreement at any time. If we make changes to this agreement that materially affect your rights, we will provide advance notice and keep this edition available as an archive on the Suburban Misfit Mom website. By continuing to use Suburban Misfit Mom after a change to this agreement, you agree to those changes.