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.
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