This Member Forum is provided by Molly Jacques Workshop to you (“you” or “user”), subject to the terms of this Agreement (Agreement) and the rules that may be published from time to time by Molly Jacques Workshop. This Member Forum currently is provided as a member service to users who agree to abide by the terms and conditions of this Agreement. We reserve the right to change the nature of this relationship at any time. Users who violate the terms of this Agreement will have their by Molly Jacques Workshop account (Account) canceled, and they may be permanently banned from using the Member Forum. ENTERING A MEMBER FORUM WILL CONSTITUTE ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, PLEASE DO NOT ENTER A MEMBER FORUM.
You are entirely responsible and liable for all activities conducted through your Account. The following are some, though not all, of the violations that may result in our terminating your Account. You agree not to do any of the following actions while using the Member Forum:
harass, threaten, embarrass, or cause distress or discomfort to another Member Forum participant, user, or other individual or entity
transmit via Member Forum any information, data, text, files, links, software, communication, or other materials (Content) that we reasonably consider to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable
impersonate any person, including but not limited to a Member Forum official, forum leader, guide, or host
disrupt the normal flow of dialogue in a Member Forum or otherwise act in a manner that negatively affects other participants
intentionally or unintentionally violate any applicable local, state, national, or international law, including but not limited to any regulations having the force of law while using or accessing the Member Forum or in connection with your use of Member Forum in any manner
post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in Member Forum, except in those areas that are designated for such a purpose (official rules on advertising follow)
Note on unsolicited advertising and spam: If you engage in any spamming or similar improper marketing activities, you will be liable to us as follows:
The sender of any message deemed to be “spam,” “marketing,” or “mailbombing” to any other member or members will be liable for $100.00 for each mailbox/user that receives each unauthorized message, commercial (promoting services of a commercial entity) or not.
The sender will pay all fees owed to us within 30 days of such transmission.
You agree that determining actual damages from such spamming and related activity to our members and us is difficult to ascertain and that the foregoing spamming charge represents liquidated damages and not a penalty.
You agree that you will not upload or transmit any Content to the Member Forum that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (Rights) of any party. Unlike submitting Content to the website in a private section, by submitting Content to any Member Forum, as it is a public section of the website, you automatically grant or warrant that the owner of such Content has expressly granted Molly Jacques Workshop the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content.
We ask your cooperation in protecting the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please give our Designated Agent the following information:
a signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed
a description of the copyrighted work that you claim has been infringed
a description of where the material that you claim is infringing is located on the site
your address, telephone number, and e-mail address
a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
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 authorized to act on the copyright owner’s behalf (our Designated Agent for Notice of claims of copyright infringement is: [Name and address])
Under the appropriate circumstances, it is our policy to remove and/or to disable access from our site to webpages of infringers, to terminate subscribers and account holders who infringe, and to remove and/or to disable access from us to webpages as to which there have been steps taken for the purpose of affecting our search results such as adding inappropriate “meta-tags.”
The Member Forum contains information, facts, and opinions (Content) from various individuals and organizations, including those not affiliated with us in any manner. You and any user of your Account must evaluate, and bear the risk associated with, the accuracy, completeness, or usefulness of any Content. We shall not be responsible for any Content. We do not prescreen or monitor all Content as a matter of policy, but we shall have the right, but not the responsibility, to remove Content that is deemed in our sole discretion to be harmful, offensive, or otherwise in violation of this Agreement or any rules we have in place at the time. We may elect at our sole discretion to monitor some, all, or no areas of Member Forum for adherence to this Agreement or our rules.
We respect the privacy of our Member Forum participants. We will take reasonable measures to not disclose the contents of your communications unless required to do so by law or in the good-faith belief that such action is reasonably necessary to (1) comply with applicable law or legal process served on us, (2) protect and defend our rights or property or enforce or further the application or intent of the terms of this Agreement, or (3) act to protect the personal safety of Member Forum participants, our employees, or the public.
From time to time, we may make various aspects of our database of user information available to other parties for promotions of and solicitations for their goods or services that may be of interest to Member Forum members. However, we will not distribute personal information about any individual. By accepting this Agreement, you expressly consent to such use and disclosure of non–personally identifiable information. We maintain the right to send you periodic updates as we deem necessary. Also note that if you provide any information to other parties, or any other sites you encounter on Member Forum or the Internet, different rules may apply to their use or disclosure of the personal information you disclose to them.
DISCLAIMER OF WARRANTIES
OUR MEMBER FORUM SERVICES ARE PROVIDED ON AN “AS IS” BASIS. YOU EXPRESSLY AGREE THAT — USE OF MEMBER FORUM IS AT YOUR OWN RISK. WE SHALL NOT BE RESPONSIBLE TO YOU FOR ANY CONTENT FOUND ON MEMBER FORUM. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT MEMBER FORUM WILL MEET YOUR REQUIREMENTS, OR THAT MEMBER FORUM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE ENDORSE OR MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE — USE OF MEMBER FORUM OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH MEMBER FORUM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEMBER FORUM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE — USE OF MEMBER FORUM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH CONTENT.
LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE — USE OR INABILITY TO — USE MEMBER FORUM OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE IN MEMBER FORUM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU WAIVE ALL CLAIMS AGAINST US AND OUR SUBSIDIARIES, OWNERS, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, AND LICENSORS ARISING OUT OF YOUR — USE OF MEMBER FORUM AND ANY INFORMATION OBTAINED OR ACCESSED FROM IT.
Either we or you may terminate your Account at any time for any reason. Once your Account is terminated, you cannot access Member Forum in any manner or for any reason without our express written consent, and you cannot assist in enabling a terminated user access to Member Forum using or via your Account.
Our Member Forum is designed for use by adults. If you are a minor, you should keep in mind that much of the content of Member Forum is uncensored. In cases where you have authorized another individual, including a minor, to use your Account, you recognize that you are fully responsible for (1) the online conduct of such user, (2) controlling the user’s access to and use of Member Forum, and (3) the consequences of any misuse. You further recognize that the holder of the Account is entirely responsible for activities conducted through such Account. YOU ACKNOWLEDGE THAT SOME AREAS OF THE MEMBER FORUM MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, without reference to its conflict-of-law provisions, and you agree to submit to the personal jurisdiction of the courts of the State of Michigan for any cause or action arising out of this Agreement. If any portion of this Agreement is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect.
NOTIFYING US OF VIOLATIONS
If you witness, in a member forum, activities that violate this Agreement, please e-mail the offending person’s identification and cut and paste the relevant content into an e-mail to [e-mail address]. We cannot guarantee that any action will be taken as a result of your e-mail. Please refer to this Agreement from time to time for any updates we may make to this Agreement.