Terms of Use

Introduction

Welcome to the Thismarriagething.com community Kisima Enterprises, Inc operates a blog located at http://www.thismarriagething.com (also referred to as “This Marriage Thing” or “the blog” or “the Thismarriagething.com blog”) which is a gathering place and content rich web destination for married baby boomers and other internet users who are in their 40s, 50s and 60s who want happy, lasting marriages.

These terms of use (“TOU”) constitute a binding agreement – and the only agreement – between Thismarriagething.com and you governing your use of the blog. By visiting the blog, you agree to be bound by all of the terms and conditions of the TOU. If you do not agree to these TOU, please do not comment or post to the Thismarriagething.com blog.

This TOU may change at any time, without notice. Check this page occasionally for changes.

The Terms are your commitment to the community, which is necessary to create a Web experience in which all feel safe and respected.  Should you breach your commitment, we may, without notice, suspend or terminate your ability to access the Thismarriagething.com blog and/or any other service, specific content, digital products, products, courses or events, provided to you by Thismarriagething.com.

Reliance on Medical, Legal, Financial, Investment and Other Information

Thismarriagething.com exists for the purpose of sharing insight, knowledge and experience among the community via resources that are entertaining and educational. Although we have many talented visitors, Thismarriagething.com’ intent is not to provide exhaustive information or advice on a particular topic.  Please use your common sense and do not rely on legal, financial, educational, medical or mental health concerns. No information contained here should replace the advice and guidance of a qualified professional.

Other Parties and Blogs

From time to time, Thismarriagething.com may make available to you certain services offered by third parties or pages of the Thismarriagething.com blog may include links to other parties’ blogs. Those third party services and blogs are not governed by Thismarriagething.com’ TOU. Also, Thismarriagething.com does not review all the content of these external blogs and is not responsible for the quality of information on any of the external blogs or any link contained in the external blogs. These links may lead unintentionally to sites containing information that some people may find inappropriate or offensive.

Copyright

Kisima Enterprises, Inc. is the owner of this blog as a whole and of any individual content on the blog that is provided by Thismarriagething.com staff members or contributors who provide work under contract with Thismarriagething.com. All Thismarriagething.com content is protected under the copyright and intellectual property laws of the United States and other countries. The Thismarriagething.com blog also includes works that are the property of others, such as individual contributors or experts; these works, too, are protected by copyright and other intellectual property laws.

You may display and, unless otherwise noted, download and print out portions of Thismarriagething.com content solely for your own personal, non-commercial use. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from Thismarriagething.com.

Content and Comments Posted by Thismarriagething.com members

Thismarriagething.com is intended to be a gathering place where married couples can share a variety of discussions and ideas. Thismarriagething.com does not take responsibility for posts by visitor or community members.  Nor do we endorse the ideas, suggestions, opinions, comments and observations, any text, data, photographs, video, music, sound, chat, messages, files or other material provided by community members or visitors. 

Thismarriagething.com makes no guarantee regarding the reliability, accuracy or quality of any content that is posted on the blog. You acknowledge that you will evaluate and bear any risks related to your use. All Member Content posted to the blog is the sole responsibility of the person who originally posted the Member Content, and your sole recourse for any damage you may suffer as a result of Member Content shall be to such individual.

Thismarriagething.com does not claim any ownership rights in content. By submitting Content, you are representing that you are the creator of the material you submit or have authorization to distribute it. After posting Content, you continue to retain your ownership rights in such Content, and you continue to have the right to use your Content in any way you choose.

By sending Content to Thismarriagething.com or posting it on the blog, you expressly grant Thismarriagething.com a worldwide, royalty-free and non-exclusive license to publicly display, use, reproduce, modify, create derivative works from and distribute the Content in any form, in connection with the Thismarriagething.com blog or other affiliated or related Thismarriagething.com ventures.

This license is sub licensable (so that Thismarriagething.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Thismarriagething.com blog and any other services). This license will continue perpetually unless and until you notify Thismarriagething.com to remove your Content from the blog. If you choose to remove your Content, the license granted here will automatically expire; however, you acknowledge that Thismarriagething.com may retain archived copies of your Content.

If you choose to post Content on Thismarriagething.com Web pages, we require that you adhere to generally accepted rules of etiquette and standards of behavior and that your use of Thismarriagething.com reflects your respect for the legal rights of readers connected with Thismarriagething.com.

In particular, you agree to the “Rules of Conduct” posted below (though this is not meant as an exhaustive list). You also agree that you will not post Content containing adult or sexually explicit material.

You acknowledge that Thismarriagething.com may or may not pre-screen Content, but that Thismarriagething.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move or remove any Member Content from the blog, with or without notice.

Rules of Conduct

The following rules of conduct apply to your use of the blog and to any and all materials you post on Thismarriagething.com, including text, data, graphics, audio or video content, music, sound, chat, messages, files or other material (“Member Content”) whether the Member Content is included in blogs, discussion Groups, private messages, emails, Profiles, comments or any other portion or feature of Thismarriagething.com.

You may not, in connection with the blog:

  • Upload, post, email or otherwise transmit any Content that
    • is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
    • infringes or violates any patent, copyright (including by plagiarizing), trademark, trade secret or other property right;
    • breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    • a reasonable person would consider a breach of confidentiality or privacy (such as by posting in a public forum something that was written in a private message or letter);
    • a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
    • constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts or hate speech;
    • violates or encourages others to violate any applicable law, statute, ordinance or regulation;
    • promotes software or services that deliver unsolicited email or spam;
    • contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines;

 

  • Harm minors in any way;
  • Solicit personal information from anyone ;
  • Use or create inappropriate screen names or Group names;
  • Provide false or deceptive information (including impersonating another person or entity);
  • Use Thismarriagething.com as a forwarding service to another blog;
  • Do anything to prevent the full and complete display of advertisements on Thismarriagething.com pages. These include, but are not limited to, making blog style changes, customizations or overrides that effectively block or substantially impair the display of advertisements on pages within the blog;
  • Allow usage by others in such a way as to violate Thismarriagething.com’ TOU.

You may not, except with Thismarriagething.com’ express advance authorization or in a specially designated area, use the blog to:

  • upload, post, email or otherwise transmit any Content that provides any telephone numbers, street addresses, last names, URLs or email address;
  • engage in commercial activities within Thismarriagething.com (such as by advertising or selling products or services or inducing readers to the blog to enroll in a promotional or money-making enterprise); or
  • Solicit donations for any purpose.

Commercial Content and Free Goods

Thismarriagething.com may in its sole discretion allow the posting of Content that contains a link to free goods or services. If you wish to promote a commercial offer on the blog, please

Copyright Infringement

Thismarriagething.com respects the intellectual property of others, and we ask our readers to do the same. Thus, in your use of and interactions with Thismarriagething.com and the blog, you may not post, modify, distribute or reproduce in any way any Content that is copyrighted material belonging to others, without obtaining their prior written consent. Thismarriagething.com reserves the right, in its discretion, to remove any Content if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of readers who we believe to be infringers.

If you believe that your work has been copied and posted on the blog in a way that constitutes copyright infringement, we will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (the “DMCA”), a federal law that provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The requirements for notices under the DMCA can be found at http://www4.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000512—-000-.html.

Thismarriagething.com’ agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:



By mail:
Kisima Enterprises, Inc.
Attention Copyright Agent
615 South Street
Boston, MA 02131

We suggest that you consult with a legal advisor before filing a notice under the DMCA. Also, be aware that there can be penalties for false claims under the DMCA.

Disputes

You are solely responsible for your interactions with other readers to the blog. Thismarriagething.com reserves the right, but has no obligation, to monitor or take action regarding disputes between Registered Members and/or Visitors. In the event of disputes, Thismarriagething.com may in its sole discretion take such action as it deems appropriate, including but not limited to suspending or terminating your account or your ability to access the blog, and removing any Member Content.

Indemnity

You agree to indemnify and hold Thismarriagething.com and its subsidiaries, affiliate, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the blog, your use of the blog or other Thismarriagething.com services, your connection to the blog, your violation of the TOU or your

Modifications to the blog

Thismarriagething.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the blog (or any part thereof) with or without notice. Thismarriagething.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the blog.

Termination

Thismarriagething.com may, under certain circumstances and without prior notice, immediately terminate your Thismarriagething.com account and access to the blog and any other Thismarriagething.com services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the TOU or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the blog (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the blog or any other Thismarriagething.com products or services. Termination of your Thismarriagething.com account includes: (a) removal of access to all pages within the blog; (b) deletion of your password and all related information, files and materials, including Member Content associated with or inside your account (or any part thereof); and (c) barring of further use of the blog. Further, you agree that all terminations for cause shall be made in Thismarriagething.com’ sole discretion and that Thismarriagething.com shall not be liable to you or any third party for any termination of your account, any associated email address or access to the blog.

Disclaimer of Warranties

You expressly understand and agree that:

Your use of the blog is at your sole risk. The blog is provided on an “as is” and “as available” basis. Thismarriagething.com and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

thismarriagething.com and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (1) the blog or any other thismarriagething.com services will meet your requirements; (2) the blog will be uninterrupted, timely, secure or error-free; (3) the results that may be obtained from the use of the blog will be accurate or reliable; (4) the quality of any products, services, information or other material purchased or obtained by you through thismarriagething.com will meet your expectations; and (5) any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of the blog is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from thismarriagething.com or through or from the blog shall create any warranty not expressly stated in the TOU.

Limitation of Liability

You expressly understand and agree that Thismarriagething.com and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Thismarriagething.com has been advised of the possibility of such damages), resulting from: (1) the use or the inability to use the blog; (2) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the blog; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on the blog; or (5) any other matter relating to the blog or thismarriagething.com.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of liability may not apply to you.

Notice

Thismarriagething.com may provide you with notices, including those regarding changes to the TOU, by email, regular mail or postings on the blog.

Violations of These Terms of Use

Please report any violations of the TOU. Please state the reasons for your concern and provide a link to the Content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, Thismarriagething.com in its sole discretion may investigate the matter and take such action as Thismarriagething.com determines to be appropriate.

No Waiver

Thismarriagething.com’ failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. This means that Thismarriagething.com may at any time choose to take an action that it is permitted or legally entitled to take, even if Thismarriagething.com has not taken such an action in the past, in the same or a similar situation.

February 15, 2008