Debbie Phillips (“we” or “us”) operates various websites, including but not limited to the website available at domain name www.debbiephillips.com (the “Sites”), and certain content and services (the “Services”) made available to users of and visitors to the Sites (“Users”). This User Agreement (this “Agreement”) is a legal agreement between you and Debbie Phillips governing your use of the Sites and the Services. Please read this Agreement carefully. Debbie Phillips is willing to provide the Services to you only on the condition that you accept all of the terms and conditions contained in this Agreement (the “Terms”). By accessing or using the Sites or by completing any registration process on the Sites, you agree to be bound by these Terms in your access and use of the Sites and the Services offered on or provided through the Sites.
If you do not accept the Terms, Debbie Phillips does not grant you any license or use rights and you should not use the Services or Content or otherwise use the Sites.
Informational Purposes only
All of the information and materials provided on the sites, in any format and from any source, are for informational purposes only. Reliance on any information provided by Debbie Phillips, by persons appearing on the Sites at the invitation of Debbie Phillips, or by other Users is solely at your own risk. The advice, recommendations, information, and conclusions posted or emailed by other Users of the Sites are not in any way vetted, approved or endorsed by Debbie Phillips, and you use such information at your own risk.
Acceptable and Lawful Use of Sites by Users
Users shall not post or upload any information or other content on the Sites that (a) is false, inaccurate or misleading; (b) is obscene or indecent; (c) infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; or (d) is defamatory, libelous, threatening, abusive, hateful, or contains pornography. Users shall not interfere with other Users’ use and enjoyment of the Sites (for example, by harassing, threatening, soliciting, promoting personal interests, including the use of expressions of bigotry, racism, hatred, or profanity). Users may not use the Sites to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promotes physical harm or injury against any group or individual.
All Users represent and warrant that the information they provided when registering as a User, and all information that they subsequently provide regarding themselves and their registration, is true and accurate and not misleading.
No Interference with Operation of Sites
You may not use any robot, spider, scraper, or other automated means to access the Sites or Services provided on the Sites for any purposes. You may not post content on the Sites that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or personal information. You shall not attempt to make the Sites unavailable through denial-of-service attacks or similar means. You shall not use contact information provided by Users, or collect information about our Users, to facilitate the sending of unsolicited bulk communications such as SPAM or SPIM or allow others use of your account to take such actions.
Posting and Use of Content
You warrant to Debbie Phillips that (i) you own all necessary rights in and to any content you upload or any Contribution you make, (ii) any content you upload or any Contribution you make does not violate any third party’s intellectual property rights, and (iii) any such content or Contribution is neither defamatory nor violates any applicable laws. Debbie Phillips reserves the right in her sole discretion to reject any User Contributions. If you do not agree to the foregoing grant of license rights and warranties, you should refrain from uploading any Content or making any Contributions.
You agree not to disclose to any person or entity personally identifiable information about other Users that you encounter while using the Sites without the express consent of such User. You may disclose information of a general nature (that could not identify the User who provided such information or whom such information is about) to third parties outside the Sites, subject to the above restriction on non-commercial use.
Debbie Phillips respects the intellectual property rights of others, but we do not independently confirm that all content made available on the Sites is provided by valid rights holders. In the event that Debbie Phillips becomes aware that content published on or through the Sites or the Services has been provided by a person who is not a valid rights holder, we may, in appropriate circumstances and at our discretion, disable or terminate the publication of such content.
If you believe that your work has been copied or published in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Debbie Phillips with the following information: (a) your name, address, telephone number and email address; (b) an electronic or physical signature by you or a person authorized to act on your behalf; (c) a detailed description of the copyrighted work or other intellectual property that you claim has been infringed; (d) a description of where on the Sites or the Services the allegedly infringing material is located; (e) a statement by you asserting a good-faith belief that the disputed use is a violation of your copyright or other intellectual property rights; and (f) a statement by you that the above information provided by you in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner. Your written notice should be e-mailed to firstname.lastname@example.org, Attention: Copyright Agent. To understand any rights or remedies you may have in the case of infringement, you should consult with an attorney.
Only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Debbie Phillips at email@example.com. You acknowledge that if you fail to comply with all of the notice requirements set forth above, your notice may not be valid.
User Password and Login Identity
You are responsible for maintaining the confidentiality of your username and password, and you are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your User privileges may be suspended temporarily or terminated. You agree to immediately notify Debbie Phillips of any unauthorized use of your password or login or any other breach of security.
Links to Other Websites
Debbie Phillips websites may contain links to other websites that are not under the control of Debbie Phillips. The inclusion of any link does not imply endorsement by Debbie Phillips of such site and Debbie Phillips is not responsible for the content of such linked sites.
You agree that Debbie Phillips may at any time, with or without cause, terminate your use of and access to the Sites and the Services, without prior notice. Without limiting the foregoing, the following may lead to a termination by Debbie Phillips of a User’s access to and use of the Sites: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated cancellation), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Debbie Phillips has no obligation to maintain, store, or transfer to you information or data that you have posted on or uploaded to the Sites.
Modifications; Governing Law and Venue
Debbie Phillips reserves the right to modify the Terms at any time, with or without prior notice, which such modifications shall be posted to the Sites. The Terms constitute the entire agreement between you and Debbie Phillips and govern your use of the Sites. You also may be subject to additional terms and conditions that may apply when you use related services, third-party content or third-party software. The failure of Debbie Phillips to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, you and Debbie Phillips agree that such court should give effect to the parties’ intentions as reflected herein, and the other provisions of the Terms shall remain in full force and effect.
Debbie Phillips may also, in her sole discretion, modify the Services at any time and without notice, including by removing, adding or modifying any Services. Debbie Phillips shall have no liability for modification or discontinuation of the Services. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with the Services as so modified.
This Agreement shall be governed by and interpreted under the laws of the Commonwealth of Massachusetts and applicable federal laws. All disputes arising under, or in any way connected with, the use of the Sites or the Services shall be litigated exclusively in the state and federal courts of the Commonwealth of Massachusetts, and you hereby submit to the jurisdiction of such courts.
Disclaimer of Warranties
The Sites and all Content and Services made available on the Sites are provided on an “as is” and “as available” basis. Debbie Phillips does not make and disclaims all express and implied warranties and representations, including, but not limited to, any implied warranty of fitness for a particular purpose, with regard to the Sites, the Sites’ Content, or any advice of Services provided through the Sites to the extent permitted by law. Debbie Phillips does not warrant that access to the Sites or the Content or Services will be uninterrupted or error-free or that defects in the Sites will be corrected.
Limitation of Liability
Under no circumstances shall Debbie Phillips , her partners, contributors, agents, employees, directors, or affiliates be liable for any indirect, incidental, special, or consequential damages (even if they have been advised of the possibility of such damages) due to your use of the Sites or due to your reliance on any of the Content contained or the Services provided on the Sites.
You agree to indemnify, defend and hold harmless Debbie Phillips, her agents, employees, representatives, licensors, affiliates, officers, directors, and partners, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) resulting or arising from any third-party claim in connection with (a) any information you (or anyone accessing the Sites using your password) submit or transmit through the Sites or the Services, (b) your use of or access to the Services, (c) your violation of this Agreement, or (d) your violation of any rights of any third party.
If you register as a User on the Sites, you agree that Debbie Phillips may send notices to you by email at the email address you provide when registering.
Debbie Phillips may assign this Agreement at any time to a parent company or an affiliate, or to a successor to its business as part of a merger or sale of all or substantially all of its assets. You may not assign or transfer this Agreement without the prior written consent of Debbie Phillips. If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect. You agree not to use or display Debbie Phillips trademarks, copyright or other intellectual property in any manner without Debbie Phillips’ prior written permission.
For any questions or comments, or to report breaches of this Agreement, please contact us at:
P.O. Box 786
West Tisbury, MA 02575
Effective October 28, 2014
© Debbie Phillips 2014. All rights reserved.