These Terms of Use became effective on March 20, 2000.
By using the sister i website you are agreeing to the terms of this Agreement. These Terms of Use constitute a legally binding agreement between you, the User, and mother i (doing business as sister i), incorporated. (referred to throughout the Web site as "sister i.") This Agreement sets forth very important terms about your use of the sister i website. This Agreement also incorporates by reference several other important sister i policies, including the Privacy Policy, Infringement Policy, and other policies that mother i may create over time to address new issues that arise ("the Incorporated Policies"). These Incorporated Policies are available at http://www.motheri.com/policies/incorporatedpolicies.html.
You should read all of these documents carefully and take the time to understand them. If you have any questions about this Agreement, please contact sister i at mailbox@sisteri.com.
Modifications to the Agreement and Incorporated Policies
sister i may modify or add additional terms to this Agreement from time to time. By using the services provided by sister i and accepting the Agreement, you agree that mother i may change the terms of this Agreement. If sister i changes the Agreement or the Incorporated Policies, sister i will post the revised Agreements or Policy at this Web page. Therefore, you may want to check the policies regularly.
Respect for Intellectual Property
sister i respects the intellectual property rights of others. These intellectual property rights include the rights that authors and others may have under United States and other countries’ laws concerning copyrights, trademarks, patents, moral rights, publicity, and privacy. mother i expects its Users to respect these rights as well.
All of the content you see and hear on the sister i website, including, for example, all of the images, illustrations, graphics, page headers, audio clips, video clips, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by sister i, one of its affiliates or by third parties who have licensed their materials to sister i. In addition, the sister i website is copyrighted as a collective work under U.S. and international copyright laws, and mother i owns a copyright in the selection, coordination, arrangement and enhancement of the content.
The content of the sister i website, and the site as a whole, is intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the content, provided you: (1) only use these copies for your own personal, non-commercial use; (2) do not copy or post the content on any network computer or broadcast the content in any media; and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice.
No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. mother i reserves complete title and full intellectual property rights in any content you download from this website.
Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the content without first obtaining written permission from mother i.
Guidelines for Submissions to sister i
sister i accepts creative works only from women who are 18 years and older. We accept a wide range of mediums, including all literature, visual arts, performing arts and crafts. By submitting material to sister i for display on the sister i website, you necessarily grant sister i a perpetual, world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the material in connection with the display and distribution of the sister i Web site, and in the promotion of mother i. Your grant of this license is necessary for sister i to display your material on the sister i Web site.
Before sister i can accept material from you to publish on the sister i website, we must first receive your assurance that you are the owner of the copyright in the material you are submitting. Therefore, by submitting material to sister i, you represent to sister i that you own the copyright to the material or that you have permission from the copyright owner to grant sister i permission to publish the material. You also represent that your submission of the material will not violate any law or violate or infringe upon the rights of others, including, without limitation, contractual rights, intellectual property rights, rights of publicity or privacy, and the laws against libel, slander, and defamation.
By submitting material to sister i you also agree to defend, indemnify, and hold harmless sister i and its employees, contractors, officers, directors, telecommunications providers, and content providers from all liabilities, claims and expenses, including attorneys fees, that may arise from your submission of material to sister i and/or sister i's use of the material. mother i reserves the right to select the counsel that will defend it from any such claims.
To maintain the special spirit that is sister i, we reserve the right to determine whether any particular submission is suitable for publication on the sister i website.
Designation of Copyright Agent
sister i has designated a copyright agent to satisfy the copyright agent designation requirements of the Online Copyright Infringement Liability Limitation Act of 1998 (17 U.S.C. § 512). All Notifications of alleged copyright infringement must be sent to the designated Copyright Agent.
If you believe that material on mother i infringes your copyright, please provide notice to sister i’s Registered Copyright Agent, whom you may contact as follows:
Kate Andreson
kandresen@bssdlaw.com
Bonnebeau Salyers Stites & Doe
821 Marquette Avenue South
Minneapolis, MN 55402
(612) -746-5225
Please note that pursuant to the Online Copyright Infringement Liability Limitation Act (17 U.S.C. § 512), for your Notice of Claimed Infringement to be valid, it must contain certain specific information, including:
— A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
— Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
— Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit sister i to locate the material.
— Information reasonably sufficient to permit sister i to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
— A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
— A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DISCLAIMERS OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF SISTER I, SISTER I SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. EXCEPT FOR SITUATIONS WHERE THE LAW PREVENTS SISTER I FROM EXCLUDING WARRANTIES, SISTER I PROVIDES SERVICES AND PRODUCTS TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOTHER I PROVIDES THESE SERVICES AND PRODUCTS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. MOTHER I PROVIDES ITS SERVICES ON A COMMERCIALLY REASONABLE BASIS. MOTHER I DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE MOTHER I'S SERVICES AT ALL TIMES OR IN ALL LOCATIONS YOU MAY CHOOSE, OR THAT MOTHER I WILL HAVE THE CAPACITY TO PROVIDE SERVICE TO ALL OF ITS USERS SIMULTANEOUSLY.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SISTER I, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SISTER I HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SISTER I'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
Upon sister i's request, you agree to defend, indemnify, and hold harmless sister i and its employees, contractors, officers, directors, telecommunications providers, and content providers from all liabilities, claims and expenses, including attorneys fees, that may arise from a breach of this Agreement by you. sister i reserves the right to select the counsel which will defend sister i from any such claims under this indemnification obligation.
International Use
sisther i makes no representation that the sister i website is appropriate or available for use in locations outside the United States. Users are prohibited from accessing the sister i website from territories where our contents are illegal. If you choose to access the sister i website from such locations, you do so on your own initiative, and you are solely responsible for compliance with local laws.
General Legal Notices
Statements and opinions expressed on the sister i website are not necessarily those of sister i, incorporated and should not be considered facts. sister i accepts no responsibility for the accuracy of the material presented therein or any errors or omissions.
This Agreement, and its Incorporated Policies, represents the entire agreement between you and sister i. You agree that this Agreement is not intended to and does not confer any rights or remedies upon any person other than you and mother i.
If a court determines that any portion of the Agreement, including the Incorporated Policies, is unenforceable or invalid, that portion will be stricken from the agreement and all remaining provisions shall be construed in a manner consistent with applicable law to reflect as nearly as possible your and sister i's original intentions.
This Agreement, including the Incorporated Policies, shall be construed and enforced under the laws of the State of Minnesota, notwithstanding any choice of law or conflicts of law rules.
Neither you nor sister i will be held to have waived a provision of this Agreement unless you or sister i waives the provision in writing.
sister i reserves the right, in its sole discretion, to terminate your access to all or part of the sister i website, with or without notice.
Mandatory Arbitration of Disputes
You agree that any claims, disputes or issues that arise under this Agreement or the Incorporated Policies or from your use of sister i, shall be decided by binding arbitration before a single arbitrator pursuant to the rules of the American Arbitration Association. Any arbitrations shall be held in Hennepin County, Minnesota in the United States of America. You also waive any objections of improper venue or personal jurisdiction.
Attorneys Fees
In the event sister i should commence any action or actions, or otherwise seek to enforce this agreement against you, you agree to pay sister i’s reasonable attorney(s) fees, court costs, collection fees and other expenses, whether or not sister i files suit or commences an arbitration against you.
