Misstropolis

Misstropolis User Agreement

Please read the following User Agreement before visiting Misstropolis. The terms and conditions stated below, along with the policies and guidelines located throughout this Site (collectively herein the "Terms of Use") govern your use of this Site ("Site"). This Site is devoted to providing a weekly online magazine, about various topics of interest. Users can post and view information in an online forum. This is the sole purpose of this Site (the "Purpose"). By visiting any area on this Site you are deemed to have accepted the Terms of Use.

Misstropolis reserves the right to change the terms of this User Agreement at any time and without notice to you. Any and all changes to this User Agreement shall be considered part of the Agreement and will apply as soon as they are posted. Please check this Site often for changes.

Registration

As a condition to using certain Services on this Site, you may be required to register with Misstropolis and select a password and user name. You agree to provide Misstropolis with accurate, complete, and updated registration information. Failure to do so will constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a username a name of another person with the intent to impersonate that person; or (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization. Misstropolis reserves the right to refuse registration of, or cancel a Misstropolis account in its discretion. You will be responsible for maintaining the confidentiality of your account password.

Trademarks

You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law. Misstropolis’ graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Misstropolis or its affiliates and/or subsidiaries. Misstropolis’ trademarks and trade dress may not be used in connection with any product or service that is not Misstropolis, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Misstropolis. All other trademarks not owned by Misstropolis, its affiliates or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Misstropolis, its affiliates or its subsidiaries.

User Supplied Information

Misstropolis does not want to receive confidential or proprietary information from you to be posted on the Site. You agree that any material, information, or data you transmit to us or post to the Site will be considered non-confidential and non-proprietary. If you supply or post any information or material to the Site, you guarantee to us that you have the legal right to post such material and that it will not violate any law or the rights of any person or entity. By posting material on the Site, you grant Misstropolis a royalty-free, irrevocable, perpetual, worldwide right to use, distribute and display this material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

Copyright

All the content published on www.misstropolis.com and in weekly Misstropolis emails is protected by copyright under the copyright laws of the United States and international copyright laws. "Content" in this case includes text, photographs, graphics, video and audio works, design, code and software. By accepting the Terms of Use, you hereby grant Misstropolis royalty-free and worldwide rights to any content that you submit to us.

Misstropolis is a weekly online magazine. Users are encouraged to print one copy of the magazine for personal, non-commercial use, and to share the entire magazine or its individual articles online. However, any unauthorized reproducing, re-publishing, selling, plagiarizing, distributing, altering, adapting or publicly displaying of Misstropolis content is entirely prohibited under this Agreement and the copyright laws of the United States.

Third Party Content

By submitting Content on this Site, whether in the form of a comment, forum, article or art submission, you automatically grant, or represent and warrant that the owner or authorized licensor of such Content has expressly granted Misstropolis, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate such Content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. Subject to this grant, the licensor of Content submitted to Misstropolis retains any and all rights which may exist in such Content. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties are those of the respective authors or distributors and not of Misstropolis, unless expressly stated otherwise. Misstropolis does not make any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. Under no circumstance shall Misstropolis be liable for any loss, damage or harm caused by a User’s reliance on information obtained through the Misstropolis.com Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content available through the Misstropolis.com Site.

This Site may include bulletin boards, chat rooms, or other interactive areas where users can communicate with Misstropolis.com and other users. Misstropolis does not control the messages, files, or other information posted by users. Misstropolis reserves the right to remove or decline to post any material as determined by the sole discretion of Misstropolis. As a condition of use of any interactive area of the Misstropolis.com Site, the users agree that they will not:

• Interfere in any way with the use and enjoyment of the interactive area of any other user;
• Post or transmit any unlawful, threatening, harassing, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent material of any kind including without limitation any transmission constituting or encouraging conduct which would give rise to criminal or civil liability or violate the laws of local, state, national, or foreign governments;
• Post or transmit any information or material which violates or infringes upon the rights of others, including privacy or publicity rights or is protected by copyright, trademark, patent or other proprietary rights and derivative works thereof;
• Post or transmit any information or material that contains a virus or harmful component;
• Collect, store or solicit information about other users or members for commercial or unlawful purposes or engage in commercial activity such as contests, sweepstakes, or any other information that has a commercial, advertising, promotional or marketing purpose;
• Make available personally identifiable information about another user or member that is published without prior consent;
• Make available material originally posted by another individual that is re-posted without permission or attribution;
• Purposefully post irrelevant information, repeatedly post the same or similar Content, or otherwise impose an unreasonable or disproportionately large load on Misstropolis’ infrastructure.

Any violation of the conditions of use will result in removal of the offending material and termination of user privileges. Upon notice to Misstropolis from any third party that information or material posted by users constitutes an infringement of property rights or other unlawful condition, Misstropolis will act to remove or block access to the offending material and terminate the privileges of the posting party.

Third Party Intellectual Property Protection

Misstropolis.com complies with the provisions of the Digital Millenium Copyright Act (DMCA). The owner or the person entitled to enforce a copyright may notify Misstropolis of any violation of copyright on the Misstropolis.com site by sending a notice containing the following information:

• Identification of what is being infringed
• Contact information
• A statement of good faith belief that the material is infringing
• A statement made under threat of perjury that the information provided is accurate and the complaint is authorized by the copyright holder

Send the notice to:
Misstropolis, Inc.
c/o Stephen Brook, Esq.
Burns & Levinson LLP
125 Summer Street
Boston, MA 02110

Please note that this procedure is solely for notifying Misstropolis.com that copyrighted material has been infringed. THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT.

Links

In both its website and its email messages, Misstropolis may include links to other locations on the internet. Links provide readers access to additional, beneficial sources of information on a particular topic. As Misstropolis has no control over the nature of the content on any other websites, its advertisers or affiliates, we may not be held accountable for what users encounter when visiting sites via links, nor may we be held responsible for any pain or injury suffered as a result of visiting or leaving such sites. In addition, Misstropolis may not be held responsible for the privacy or security practices of other sites visited.

Privacy Policy

Misstropolis does not trade or sell its subscriber lists to anyone. Misstropolis does provide aggregated demographic profiles to our advertisers and sponsors in order to demonstrate broad statistical information about our readership. Such profiles do not include any links to personal information, nor do they allow for any identification of individuals.

Misstropolis uses Google Analytics to keep track of usage patterns on our site. Information about Google Analytics can be found at http://www.google.com/analytics/index.html.

Childrens Online Privacy Protection

This website serves general users of the World Wide Web. This Site is intended for adult or adult supervised use. We support and comply with the Childrens Online Protection Act (COPPA) and we do not knowingly collect information from children under the age of 13, nor do we share such information with third parties. UNDER NO CIRCUMSTANCES ARE PERSONS 13 YEARS OF AGE OR YOUNGER PERMITTED TO SUBMIT CONTACT, DEMOGRAPHIC OR BILLING INFORMATION. Children under the age of 18 may use this website only with the involvement of a parent or guardian.

Indemnification

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Misstropolis, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and attorneys’ fees, resulting from or arising out of or relating to (a) third party claims, actions or allegations of infringement based on information, data or content you submitted in connection with the service; (b) any fraud, manipulation or other breach of these terms by you; or (c) your use, misuse, or inability to use the Site, or the Content, or any violation by you of this Agreement.

Disclaimer of Warranties

Misstropolis is a provider of an online magazine. Misstropolis does not create, verify, or guarantee the accuracy of such data contained therein; rather, Misstropolis receives its information from various sources, including Internet sites. It is not necessarily affiliated with or endorsed by these sources, or compensated by them. All materials and information available through the Site are provided "as is" and "as available", and without warranties of any kind, express or implied.

We do not warrant that the information is always accurate, complete or current; that access to it will be available all the time, from every place, or that errors will be corrected. Misstropolis disclaims any responsibility and any warranties for sales, purchases, financing or other types of transactions involving products and services on which this Site provides information. Your use of this Site is solely at your own risk.

THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, MISSTROPOLIS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. MISSTROPOLIS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE

Limitation of Liability

IN NO EVENT WILL MISSTROPOLIS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, OR ON ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; In such jurisdictions Misstropolis’ liability shall be limited to the extent permitted by law.

Choice of Law and Forum

Any action related to these Terms will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. You agree that any legal proceeding arising out of or in connection with these Terms shall be brought in a state or federal court in Boston, Massachusetts, and hereby waive any jurisdictional or venue defenses otherwise available to you.