Date of Last Revision: July 15, 2009
Statement of Rights and Responsibilities
MpoweredParent.com / MpoweredParent L.L.C.
P.O. Box 414, Morris Plains N.J. 07950
This Statement of Rights and Responsibilities (“Statement”) derives from the MpoweredParent.com Principles, and governs our relationship with users and others who interact with MpoweredParent.com. By using or accessing MpoweredParent.com, you agree to this Statement.
The following conditions notwithstanding, your use of this site is permitted for non-profit or civic oriented transactions. All commercial content, including calendar entries and comment posts, must be approved by editorial staff. If your content could be construed as a commercial advertisement, please submit it to firstname.lastname@example.org for review.
Your privacy is very important to us. You are authorized to create an anonymous username and to mark identifying areas of your profile as “private”. This prevents other users from obtaining your location or personal identity. Only MpoweredParent.com system administrators have access to your profile, and they may only access it when necessary for the functioning or maintenance of our system. They may not share or distribute your information in any way.
2. Sharing Your Content and Information
1. MpoweredParent.com does not share or sell your personal information to anyone. If you have marked items of your personal profile as private, we will make every effort to protect it.
2. Data that is marked “private” in your personal profile: By submitting, posting, or uploading material to MpoweredParent.com, whether it be photo’s, written words or other information, you provide us permission to publish and distribute it. You acknowledge that MpoweredParent.com shall own the copyrights for this material, both in the present, and in the future. We may distribute it without further notification or compensation to you.
3. For content that is covered by intellectual property rights, like photos and videos (“IP content”), you specifically give us the following permission, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with MpoweredParent.com (“IP License”). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
4. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
5. When you publish content or information that is not specifically hidden by use of privacy setting it means that everyone, including people off of MpoweredParent.com, will have access to that information and we may not have control over what they do with it.
6. We always appreciate your feedback or other suggestions about MpoweredParent.com, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep MpoweredParent.com safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
1. You will not send or otherwise post unauthorized commercial communications (such as spam) on MpoweredParent.com.
2. You will not collect users’ content or information, or otherwise access MpoweredParent.com, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on MpoweredParent.com.
4. You will not upload viruses or other malicious code.
5. You will not solicit login information or access an account belonging to someone else.
6. You will not bully, intimidate, or harass any user.
7. You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
8. You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content.
9. You will not offer any contest, giveaway, or sweepstakes (“promotion”) on MpoweredParent.com without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow all applicable laws.
10. You will not use MpoweredParent.com to do anything unlawful, misleading, malicious, or discriminatory.
11. You will not do anything that could disable, overburden, or impair the proper working of MpoweredParent.com, such as a denial of service attack.
12. You will not facilitate or encourage any violations of this Statement.
13. You will not post opinions or material on MpoweredParent.com that could be construed as pro-drug, or in any way condoning substance abuse.
14. You will not impersonate someone else, or claim to have credentials that you do not, in fact, possess.
15. You will not use language which is objectively offensive to others.
4. Registration and Account Security
MpoweredParent.com users may provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
1. You will not provide any false personal information on MpoweredParent.com, or create an account for anyone other than yourself without permission.
2. You will not use MpoweredParent.com if you are under 13.
3. You will not use MpoweredParent.com if you are a convicted sex offender.
4. You will keep your contact information accurate and up-to-date.
5. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
6. You will not transfer your account to anyone without first getting our written permission.
7. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
5. Protecting Other People’s Rights
We respect other people’s rights, and expect you to do the same.
1. You will not post content or take any action on MpoweredParent.com that infringes or violates someone else’s rights or otherwise violates the law.
2. We can remove any content or information you post on MpoweredParent.com if we believe that it violates this Statement.
3. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
4. You will not use our copyrights or trademarks (including MpoweredParent.com, the MpoweredParent.com Logos), or any confusingly similar marks, without our written permission.
6. You will not post anyone’s identification documents or sensitive financial information on MpoweredParent.com.
7. MpoweredParent.com is an online community that does not endorse drug use or promote blatantly poor parenting practices. If you post content that we, or others, interpret in this way, it may be removed and your account may be terminated.
6. Sources, Credentials, Verification of Content or Information Posted
We strive to provide qualified and credible information on our website. Nonetheless, MpoweredParent.com MAKES NO CLAIM OF EXPERTISE or qualification with regard to the content displayed. You understand and agree that all content posted on our site should be considered “OPINION”, and not be relied upon for the assessment, identification or treatment of any condition.
1. “Professional Commentary” refers to content that is posted or reviewed by a user that has represented themselves to MpoweredParent as being employed in a relevant field. MpoweredParent makes no claim or guarantee regarding the credentials of these contributors.
2. All other content, including that authored by “administrators”, “staff”, “moderators”, “power-users” or others should be considered opinion based and subject to independent verification by you.
7. About Advertisements on MpoweredParent.com
Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
1. We do not give your content or information to advertisers without your consent.
2. You understand that we may not always identify paid services and communications as such.
1. We can change this Statement if we provide you notice (by posting the change on the MpoweredParent.com Terms and Conditions Page). To get notice of any future changes to this Statement, visit our MpoweredParent.com Terms and Conditions and refer to the amendment date at the top of the page.
2. We can make changes for legal or administrative reasons upon notice without opportunity to comment.
If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of MpoweredParent.com to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. This statement, however, shall still apply.
1. You will resolve any claim, cause of action or dispute (“claim”) you have with us arising out of or relating to this Statement or MpoweredParent.com exclusively in a state or federal court located in New Jersey. The laws of the State of New Jersey will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in New Jersey for the purpose of litigating all such claims.
2. If anyone brings a claim against us related to your actions, content or information on MpoweredParent.com, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
3. WE TRY TO KEEP MPOWEREDPARENT.COM UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. FEATURES ARE SUBJECT TO CHANGE WITHOUT NOTICE. WE ARE NOT RESPONSIBLE FOR SAVING YOUR DATA, AND IT MAY BE REMOVED WITHOUT NOTICE. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF OTHERS, OR DAMAGE CAUSED BY VIRUS OR MALICIOUS INTENT ON THE PART OF OTHERS. WE ARE PROVIDING MPOWEREDPARENT.COM “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT MPOWEREDPARENT.COM WILL BE SAFE OR SECURE. MPOWEREDPARENT.COM IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR MPOWEREDPARENT.COM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR MPOWEREDPARENT.COM WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, MPOWEREDPARENT.COM’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
11. Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
1. You consent to having your personal data transferred to and processed in the United States.
2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on MpoweredParent.com (such as advertising or payments) or operate a Platform application or website.
1. By “MpoweredParent.com” we mean the features and services we make available, including through (a) our website at www.MpoweredParent.com.com and any other MpoweredParent.com branded or co-branded websites (including sub-domains, international versions, widgets, mobile versions and sponsored blogs); (b) our Platform; and (c) other media, software, devices, or networks now existing or later developed.
2. By “us,” “we” and “our” we mean MpoweredParent.com, or MpoweredParent L.L.C.
3. By “Platform” we mean a set of APIs and services that enable applications, developers, operators or services, RSS feeds, to retrieve data from MpoweredParent.com or provide data to us.
4. By “information” we mean facts and other information about you, including actions you take.
5. By “content” we mean anything you post on MpoweredParent.com that would not be included in the definition of “information.”
6. By “data” we mean content and information that third parties can retrieve from MpoweredParent.com or provide to MpoweredParent.com.
7. By “post” we mean post on MpoweredParent.com or otherwise make available to us (such as by using an application).
8. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
9. By “active registered user” we mean a user who has logged into MpoweredParent.com at least once in the previous 30 days.
10. By “application” we mean any application, plug-in or website that uses MpoweredParent.com, as well as anything else that receives data.
1. This Statement makes up the entire agreement between the parties regarding MpoweredParent.com, and supersedes any prior agreements.
2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
3. If we fail to enforce any of this Statement, it will not be considered a waiver.
4. Any amendment to or waiver of this Statement must be made in writing and signed by us.
5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
7. Nothing in this Statement shall prevent us from complying with the law.
8. This Statement does not confer any third party beneficiary rights.