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OpenFence User Agreement

 

Terms of Usage OpenFence Neighborhood Network (OpenFence)
OpenFence offers services to you, the "User", conditioned on your agreement to adhere to the following terms of use without modification of any kind. Your registration with OpenFence and/or use of OpenFence's services constitutes your agreement to these terms of use. These Terms of Use are subject to change at any time, without prior notice.

To assure the value of OpenFences' services, you agree that all of the information you have provided to OpenFence, whether online or otherwise, is accurate and complete. OpenFence reserves its right to terminate or suspend access to any user at any time for any reason. OpenFence reserves the right to remove any content from the website as well as email newsletters that it deems detrimental to the benefit of its business interests.

Collection of Information
OpenFence collects personal information when you sign-up to participate in a neighborhood eNewsletter, subscribe to the neighborhood eNewsletter and/or participate in advertising opportunites. In this context, when we collect your email address, it is for purposes such as authenticating user accounts, sending confirmation emails, providing subscription email services, and providing you updates pertaining to the services provided by OpenFence. Our web logs collect standard web log entries for each page served, including your IP address, page URL, and timestamp. These logs help us to diagnose problems with our server and to otherwise provide our service to you.

Editorial Oversite
OpenFence is intended to be public forum allowing individuals to express themselves freely regarding issues that have relevance to our communities. Our hope to help evolve a system that can strike a balance between positive and negative public commentary and we encourage the users to try to find balance in their usage of this system. Users that try to monopolize this forum with consistant negative commentary will be asked to moderate their tone. OpenFence reserves the right to remove commentary or to terminate or suspend access to any user at any time for publishing information that it deems innappropriate or inconsistent with its vision.  OpenFence, at its sole discretion, can terminate the accounts of, and refuse service to, any User who knowingly violates this Agreement.

Content
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that OpenFence does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the OpenFence site, email and Content available through the Service may contain links to other websites, which are completely independent of OpenFence. Openfence makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will OpenFence be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that OpenFence does not pre-screen or approve Content, but that OpenFence shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.

 

Privacy Protection
OpenFence does not sell or otherwise transfer your contact information to third parties without your permission.  We do not engage in cross-marketing or link-referral programs with other sites. We do not send you unsolicited communications for marketing purposes. We do not knowingly collect any information from persons under the age of 13 without parental consent. If we learn that a posting is by a person under the age of 13, we will remove that post.

When you make a submission to your neighborhood eNewsletter or subscribe to a neighborhood eNewsletter, you provide OpenFence and the regional and/or local coordinators the permission to contact you about the specific submission or interaction. We are careful to limit the communication to you to matters that relate to your specific participation in the neighborhood eNewsletter, or any other service provided by OpenFence.

If you enter the on-line drawing and win a gift certificate you agree to release your first and last name and mailing address to the business providing the gift certificate. This information is printed on the gift certificate which will be mailed to you. This gift certificate must be presented to the business in order to redeem its value. You also agree to have your first name, last name and neighborhood published as a drawing winner in the OpenFence weekly eNewsletter and the OpenFence Post publication.

OpenFence or people who post in the neighborhood eNewsletter may provide links to third party websites, which may have different privacy practices. We are not responsible for, nor have any control over, the privacy policies of those third party websites, and encourage all users to read theauthenticating user accounts privacy policies of each and every website visited. OpenFence is a privately held company and does not share data with any organization

Data Rights and Data We Store
OpenFence is under no obligation to remove email addresses from their database due to a neighborhood associations withdrawal from the program.

All submissions are stored in our database, even after "deletion," and may be archived elsewhere. Our web logs and other records are stored indefinitely.

eNewsletter subscribers can unsubscribe to the eNewsletter, thereby removing their email from the eNewsletter subscription list, by accessing the link at the top of each weely eNewsletter.

Although we make good faith efforts to store the information in a secure operating environment that is not available to the public, we cannot guarantee complete security.

Use of Private Information
Occasionally, OpenFence may need to communicate with you about changes to the neighborhood eNewsletter, or any other of our services. 

OpenFence may disclose information about its users if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. OpenFence may also disclose information about its users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to (1) enforce our Terms of Usage, (2) respond to claims that any posting or other content violates the rights of third-parties; or (3) protect the rights, property, or personal safety of OpenFence, its users or the general public.

From time to time, OpenFence may disclose aggregate user data to advertisers or other third parties.

Any questions or comments about our Privacy Policy may be emailed to privacy@openfence.net

Revenue Share with Regional Non-profit
OpenFence will give back 10% of net revenue generated to local non-profit organizations dedicated to improving the quality of education of children in the community. The non-profits are chosen by the OpenFence.net.  Revenue share is available on revenue greater than $250 per month per neighborhood.

TERMINATION
OpenFence may terminate this agreement at any time for any reason.

DISCLAIMERS AND LIMITATIONS

OPENFENCE INTENDS THAT THE INFORMATION CONTAINED IN ITS WEB SITE BE ACCURATE AND RELIABLE; HOWEVER, ERRORS SOMETIMES OCCURS. IN ADDITION, OPENFENCE.NET MAY MAKE CHANGES AND IMPROVEMENTS TO THE INFORMATION PROVIDED HEREIN AT ANY TIME. THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." OPENFENCE AND/OR ITS SUPPLIERS, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OFauthenticating user accounts MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF OPENFENCE'S SERVICES IS AT YOUR OWN RISK. OPENFENCE AND/OR ITS SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OPENFENCE'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISEauthenticating user accounts ARISING OUT OF THE USE OF THE WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OPENFENCE.NET AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.


OTHER TERMS

These Terms of Use shall be subject to and construed in accordance with the laws of the State of California, excluding its conflict of laws principles. If any part of these Terms of User are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.