Our Policies
Terms Of Use
This is an agreement between you and Mosaic Musings. This agreement sets forth the terms and conditions that govern your use of Mosaic Musings, its Forum Board and respective Forums within the Forum Board (collectively the 'Site'). By accessing or using the Site, you agree to be bound by the following terms and conditions ('Terms of Use' ). Read the Terms of Use carefully before accessing or using the Site. If you do not want to be bound by the Terms of Use, you may not access the Site and should therefore immediately cease any such use.
1. MODIFICATION OF TERMS OF USE
The Terms of Use may be modified from time to time without notice to you. You are responsible for reading the Terms of Use periodically to be aware of any such modifications. You can read the most current version of the Terms of Use at any time here.
When the Terms of Use is modified, the "last updated" date below will reflect the modification date. For material changes to the Terms of Use, Mosaic Musings will notify you at the email address you provide to Mosaic Musings in your member profile. It is your responsibility to keep your member profile current.
In addition, when using a Mosaic Musings Forum, you shall be subject to any posted guidelines, rules or requirements applicable to such Forum which may be posted from time to time ('Forum Participation Rules'). The Forum Participation Rules are hereby incorporated by reference into the Terms of Use in their entirety.
2. DESCRIPTION OF THE SITE
Mosaic Musings is a privately owned and operated closed writer's online community, created with the intention of providing fun, challenging and informative discussion forums. Mosaic Musings is in no way affiliated with any other sites offering similar content, unless specifically indicated. You understand and agree that the Site is provided 'as is' and that Mosaic Musings assumes no responsibility for the deletion, delivery or failure to store any user communications. You are responsible for obtaining access to the Site, and that access may involve third party fees (such as airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of the Site. You are also responsible for all equipment necessary to access the Site.
3. MEMBERSHIP
Membership to Mosaic Musings is FREE of charge. In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. Persons under the age of 18 are not permitted to join the Site unless the special permission is granted. You may contact lkanter@mosaicmusings.net for further information.
You understand and agree that membership to the Site may from time to time include communications from Mosaic Musings. Such communications include, but are not limited to, any announcements and administrative messages.
Mosaic Musings reserves the right to cancel or suspend membership to any member at any time. Not withstanding any rights you may have pursuant to Forum Participation Rules, upon termination, your right to use and access the Site will immediately cease.
4. ACCOUNT SECURITY
If your application for membership is accepted, you will receive an account and a password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (A) immediately notify Mosaic Musings at lkanter@mosaicmusings.net of any unauthorized use of your password or account or any other breach of security, and (B) ensure that you exit from your account at the end of each session.
5. PRIVACY POLICY
Mosaic Musings is concerned about the privacy of all its members. Your membership information is subject to the Mosaic Musings Privacy Policy located below.
6. CODE OF CONDUCT
Mosaic Musings values freedom of expression, but not at another's expense. The Site is a closed writer's community. The Site is intended to provide an educational environment, a sanctuary and a learning center for writers and unacceptable behavior will not be tolerated. Members agree to be courteous when responding on either the private Forum or by personal email to posts made in their personal threads. A little support and recognition speaks volumes when reciprocal feedback is given in this educational environment.
You understand that all information, data, text, messages or other input ("Content") posted on the Site, are the sole responsibility of the member from which the Content originated. This means that you, and not Mosaic Musings, are entirely responsible for all Content that you post, email, transmit, input or otherwise make available using the Site. Mosaic Musings does not control the Content posted in its Site and, therefore, does not guarantee the accuracy, integrity or condition of the Content. You understand that by using the Site, you may be exposed to offensive, indecent or objectionable Content. Under no circumstances is Mosaic Musings liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, inputted or otherwise made available on the Site.
In connection with your use of the Site, you agree not to:
(A) Post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, obscene, abusive, tortuous, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable;
(B) Impersonate any a Mosaic Musings official, forum leader, guide, representative, host, mentor or Praetorian or falsely state or otherwise misrepresent your affiliation with a person or entity;
(C) Harm minors in any way;
(D) Post, transmit or otherwise make available any Content that you do not have a right to reproduce, display or transmit under law;
(E) Post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, contract or other proprietary rights of another;
(F) Post, transmit or otherwise make available any Content that may invade another's right of privacy or publicity;
(G) Post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam or junk mail;
(H) Post, transmit or otherwise make available any Content that contains software viruses or any other computer software code, files or programs designed to interrupt, destroy, interfere or limit the functionality of any computer software or hardware;
(I) Stalk, harass or personally attack a member;
(J) Collect or store personal data about members; and
(K) Reproduce, distribute, publicly display or publicly exhibit any Content provided on the Site.
You agree to keep personal disputes out of the forums. If there are any questions in this regard, you agree to seek the advice of a Praetorian. If a dispute cannot be resolved amicably, you agree to be respectful to all members' feelings and seek the avoidance route. If your dispute is with a Praetorian, contact an Administrator at lkanter@mosaicmusings.net directly.
You acknowledge that Mosaic Musings may not pre-screen Content, but that Mosaic Musings and its Praetorians, Administrators and Mentors (collectively 'Affiliates') shall have the right (but not the obligation), in their sole discretion, to remove any Content that is available at the Site. Without limiting the foregoing, Mosaic Musings and its Affiliates shall have the right to remove any Content that violates the Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Mosaic Musings or submitted to Mosaic Musings, including without limitation information in Mosaic Musings Forums, and in all other parts of the Site.
You acknowledge, consent and agree that Mosaic Musings, may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of another; or (d) protect the rights, property, or personal safety of Mosaic Musings, its members and the public.
7. FORUM PARTICIPATION RULES
In addition to the Terms of Use, each Forum in the Site is governed by its own Forum Participation Rules. The Forum Participation Rules may require you to comply with requirements concerning confidentiality, disclosure, posting, edits, timeframes, critiques, quoting and conduct associated with the Content provided in the Forum.
8. COPYRIGHT INFORMATION
Content displayed on the Site is protected under U.S. Copyright laws and cannot be copied, altered, uploaded, transmitted, published, distributed, reproduced or sold, in whole or in part for any purpose other than for non-commercial and personal use. Further restrictions on the Content may depend on the Forum Participation Rules associated with the Forum in which the Content is posted. All works posted on the Site are submitted on a voluntary basis. This allows Mosaic Musings to display and archive such works within Site, and if applicable, allows members to comment on such works. All exclusive rights are reserved by the respective copyright owners and no redistribution including publication or reproduction in any form is permitted without express permission of the copyright owner.
For more information regarding U.S. Copyright laws go to: the U.S. Copyright Office website by clicking here.
9. TRADEMARK INFORMATION
Mosaic Musings, mosaicmusings.com, mosaicmusings.net, mosaicmusings.org, all hostnames therein, and any Mosaic Musings logos are trademarks of Mosaic Musings. Without Mosaic Musings permission, you cannot display or use any of Mosaic Musings' trademarks.
10. VIOLATIONS OF TERMS OF USE
Mosaic Musings reserves the right (at its discretion) to investigate complaints or reported violations of the Terms of Use and to take any action it deems appropriate. You agree to reimburse Mosaic Musings for all losses, damages, or expenses (including court costs and reasonable attorney's fees) that it may incur due to any violation of the Terms of Use. You acknowledge and agree that Mosaic Musings may not have a remedy adequate to protect its rights and interests set forth in herein, and therefore, you understand that Mosaic Musings may pursue an injunction enjoining you from violating the provisions of the Terms of Use. You also acknowledge and agree that Mosaic Musings may pursue any other remedies available for such breach or threatened breach, including recovery of damages from you. Violations of the Terms of Use may be reviewed by Mosaic Musings and its Affiliates.
11. COPYRIGHT INFRINGEMENT NOTICES
(A) Pursuant to Title 17, United States Code, Section 512(c)(2), copyright infringement notices should be sent to Mosaic Musings' Designated Agent by facsimile 978-341-0136 or email copyright@mosaicmusings.com in accordance with the procedure outlined as 1 through 6 below. Please note that inquiries that are not relevant to copyright infringement notices will not receive a response from Mosaic Musings’ Designated Agent.
(1) A physical or electronic signature of a copyright owner of an exclusive right that is allegedly infringed or authorized agent ('Notifying Party');
(2) Identification of each copyrighted work allegedly infringed;
(3) Identification of the allegedly infringing content that is to be removed or access to which is to be disabled, and a description of the location of the allegedly infringing content in reasonably sufficient detail to permit the service provider to locate the material;
(4) Information reasonably sufficient to permit the service provider to contact the Notifying Party, such as a first and last name, address, telephone number, and email address, where the Notifying Party should be contacted;
(5) A statement that the Notifying Party has a good faith belief that use of the allegedly infringing content on the Site is not authorized by the copyright owner and the law; and
(6) A statement that the information in the notice is accurate, and under penalty of perjury, that Notifying Party is authorized by law to act on behalf of the copyright owner of an exclusive right that is allegedly infringed.
(B) A copyright infringement notice containing the information outlined in 1 through 6 above in this section duly received by the Mosaic Musings Designated Agent will be handled accordingly by the service provider. The service provider shall take reasonable steps to notify the member who posted the allegedly infringing content on the Site, to the extent possible.
12. CHOICE OF LAW
The Terms of Service and relationship between you and Mosaic Musings shall be governed by the laws of the state of Massachusetts without regard to conflict of law provisions.
13. DISCLAIMER OF WARRANTIES
Your use of the Site is at your own risk. Mosaic Musings makes no representations, warranties or conditions, express or implied. Mosaic Musings disclaims any and all warranties or conditions, express, statutory, and implied, including without limitation (A) warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title, quiet enjoyment (B) warranties or conditions arising through course of dealing or usage of trade and (C) warranties or conditions that access to or use will be uninterrupted or error-free.
14. LIMITATION OF LIABILITY
Mosaic Musings is not liable for any loss or damage arising from your failure to comply with the Terms of Service. Mosaic Musings is not liable to you for any direct, indirect, incidental, special, consequently or exemplarily damages, even if Mosaic Musings has notice of such damages. Such damages include but are not limited to (A) damages to tangible or intangible property, (B) damages for loss of profits, goodwill, use, data or other intangible losses, and (C) damages resulting from statements or conduct of any members or any third party.
15. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Mosaic Musings and its members, managers, officers, employees, Affiliates, Designated Agents, Praetorians, Mentors, forum leaders, guides, representatives, hosts, administrators, agents and the assigns of same, from and against any and all losses, costs, expenses, attorneys' fees, claims, damages and liabilities related to or associated with the your use of the Site or any violation of the Terms of Use by you.
Last Updated September 2nd, 2005 6:19 PM
Privacy
Mosaic Musings is committed to protecting the privacy of its members. Please read the following Privacy Policy to learn more about how Mosaic Musings protects its members' privacy.
1. Personal Information
When you apply for membership to access Mosaic Musings, its Forum Board and respective Forums within the Forum Board (collectively the 'Site'), Mosaic Musings requests that you provide personal information about yourself. All information provided is submitted on a voluntary basis.
Mosaic Musings asks for, among other things, your member name, your real name, geographical location, email address, avatar, interests, home page, gender, birth date and personal interests.
Mosaic Musings uses your personal information for the following purposes:
(a) To manage your use and access of the Site;
(b) To enable you to post and respond to posts from other members on the Site;
(c) To ensure the Site is relevant to your needs;
(d) To provide you with information about Mosaic Musings and its services, including but not limited to announcements, administrative messages, writing contests or events;
(e) To help Mosaic Musings create content most relevant to you;
(f) To alert you to updated information and other new forum features; and
(g) To allow you access to the Site.
In addition, Mosaic Musings automatically receives and records information on its server logs from your browser, including your IP address, cookie information and your posts on the Site. Mosaic Musings uses the information for the following general purposes: to update your membership information, customize the content you see at the Site, improve its services, contact you, conduct research, and provide anonymous reporting for internal uses.
Mosaic Musings will not share or sell your personal information with third parties without your permission, other than for the limited exceptions provided by this Privacy Policy or by the Terms of Use. While Mosaic Musings does not share or sell this information, Mosaic Musings is not responsible for members that may obtain your information displayed within the Site.
2. Member List
A Member List is accessible at the Mosaic Musings Forum Board on the Site. The Member List identifies the members of Mosaic Musings and includes information about each member. The information about you available to other Mosaic Musings members on the Member List includes, but is not limited to, your member name, your real name, geographical location, date of registration, date of last login, last post, total posts, average number of posts, membership status, avatar, interests, home page, gender and email address. Most of the information about a member included in the Member List is taken from each member's personal profile. Any personal information included in your personal profile is made available at your discretion. You can control the information available at your personal profile by using your Control Panel on the Mosaic Musings Forum Board.
3. Posts on the Site
All information posted on the Site is submitted on a voluntary basis. All works posted on the Site are submitted on a voluntary basis. This allows Mosaic Musings to display and archive such works within Site, and if applicable, allows members to comment on such works. Mosaic Musings respects your privacy. None of the information gathered will be sold to any third party without your express written permission, unless required to do so by law. Any personally identifiable information posted in the forums such as signature and copyright is done so at the author's discretion.
4. Privacy Policy Changes
Mosaic Musings may modify the Privacy Policy. When the Privacy Policy is modified, the 'last updated' date at the bottom of the page will reflect the modification date.
For material changes to the Privacy Policy that effect the way Mosaic Musings treats your personal information, Mosaic Musings will notify you at the email address you provide to Mosaic Musings in your member profile, or by placing a prominent notice on the Site. It is your responsibility to keep your member profile current.
5. Terms of Use
All information available through the Site may not be used for the unsolicited promotion of products or services. For more information concerning the rules governing the access and use of the Site, please refer to Mosaic Musings Terms of Use statement above. In addition, please refer to the posted guidelines, rules or requirements applicable to each Forum in the Site ('Forum Participation Rules'). To report a violation of the Mosaic Musings Terms of Use, please contact a Praetorian listed in the Member List, which is available at the Mosaic Musings Forum Board.
6. Security Information
The security of personal information is important to Mosaic Musings. Mosaic Musings maintains all membership data with technical, administrative, and physical safeguards to protect against loss, unauthorized access, destruction, misuse, modification, and improper disclosure. No computer system or information, however, can ever be fully protected against every possible hazard. Mosaic Musings provides reasonable and appropriate security controls to protect personal information against foreseeable hazards.
7. Writing Contests
Winners of Mosaic Musings writing contests will be announced by Member name. Any post-announcement remarks are at the discretion of member.
8. Suggestions or Comments
If you have any suggestions or comments on the above policy please direct them to lkanter@mosaicmusings.net
Last Updated February 13th, 2004 10:09 AM
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