You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and the Company. You are not authorized to use this Site unless you are at least 18 years old and able to enter into legally binding contracts. We do not knowingly collect the information of anyone under the age of 18.
If you arrived on the Site after having been re-directed or otherwise clicking on another website, you agree that the Terms shall govern your use of the Site.
“Modern Day Village” is a registered trademark of Modern Day Village LLC. All rights reserved. These and other Site graphics, logos and service marks are trademarks of the Company and its affiliates may not be used without prior written consent of the Company or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on the Site are the property of their respective owners.
2. Limited License; Disclaimers and Limitation of Liability
Limited License to Use the Site. You are granted a limited, revocable, non-exclusive license to access the Site and the content and services provided on the Site solely for the purpose of interacting with the Site, obtaining and sharing information and entering into certain transactions, all in accordance with the Terms and the Platform Services Agreement, if applicable. Any use of the Site that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by us in writing is expressly prohibited.
You expressly agree that use of the Site is at your sole risk. Neither the Company nor any of its members, officers, directors, employees, and agents, or the like, warrant that the Site will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of the Site, or as to the accuracy, reliability, or currency of any information, content or service provided through the Site.
THIS SITE IS PROVIDED BY MODERN DAY VILLAGE LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS. MODERN DAY VILLAGE LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MODERN DAY VILLAGE LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MODERN DAY VILLAGE LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY MODERN DAY VILLAGE LLC, NOR ITS AFFILIATES, NOR ANY OF MODERN DAY VILLAGE LLC’S MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstance shall the Company or any other party involved in creating, producing, or distributing the Site be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by you on any information obtained from the Site or that results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Site’s records, programs or services. You hereby acknowledge that this paragraph shall apply to all content and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
a. Proprietary Rights
You acknowledge that the Site may contain information, data, software, photographs, graphs, videos, typefaces, graphics, music sounds and other material (collectively, the “Content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and the Company owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, creative derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g. 17 U.S.C.A. Section 107), you may not upload, post, reproduce, or distribute in any way Site Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
b. Distribution/Uploading of Third-Party Content
Except as set forth in 3(a) above, you may upload to or otherwise distribute on the Site only Content that is not subject to any copyright or other proprietary rights protection or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as “Copyright, owned by [name of owner]; used by permission.” The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit. You will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither the Company, nor its members, officers, directors, affiliates, employees, agents, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. The Company will remove infringing materials in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify the Company’s Copyright Agent in writing. Your notice must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site, sufficient for the Company to locate the material;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you that the information in your notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.
If you believe that your work has been removed or disabled by mistake or misidentification, please notify the Company’s Copyright Agent in writing. Your counter-notice must contain the following information (please confirm these requirements with your legal counsel or see the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information):
- A physical or electronic signature of the user of the Site;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- Your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the Company may be found, and that you will accept service of process from the person who provided notification under subscriber (c)(1)(C) or an agent of such person.
Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability. If you fail to comply with these notice requirements, your notification or counter-notification may not be valid. Our designated copyright agent for notice of alleged copyright infringement is:
Modern Day Village LLC
Attn: Copyright Agent
P.O. Box 937
Stowe, VT 05672
In accordance with the DMCA and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company's sole discretion, users who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
By submitting Content to any area of this Site, including without limitation any reviews or participation in any chat rooms, you automatically grant, or warrant, that the owner of such Content has expressly granted the Company the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. You also permit any other user to access, store, or reproduce the Content for that user’s personal use. Subject to this grant, the owner of the Content placed on the Site retains any and all rights which may exist in such Content.
c. Third Party Content; Links to Third Party Sites
Modern Day Village LLC is a distributor and not a publisher of Content supplied by third parties and users (the “Third Party Content”). Notwithstanding certain rights reserved by the Company under the Terms and the Platform Services Agreement, the Company has no more editorial control over such Third Party Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of the Third Party Content expressed or made available by third parties or any other user of the Site, are those of the respective authors or distributors and not of the Company or any of its officers, directors, affiliates, employees or agents. Neither the Company nor its members, officers, directors, affiliates, employees, agents, or the like, guarantees the accuracy, completeness or usefulness of any Third Party Content, nor its merchantability or fitness for any particular purpose. In many instances, the Third Party Content available through the Site represents the opinions and judgments of the respective third party provider, or user not under contract with the Company. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Site by anyone other than agents or employees of the Company. Under no circumstances shall the Company or any of its members, officers, directors, affiliates, employees or agents be liable for any loss, damage or harm caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice, or other Third Party Content available through the Site.
The Site may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company's control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Company. You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.
4. Online Conduct
You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.
If the Company is notified of allegedly infringing, defamatory, damaging, illegal or offensive Content provided by you (e.g., through an online review, chat room, or discussion board), the Company may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Site. The Company may disclose any Content or electronic communication of any kind: (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of the Company, the users of its Site, or third party providers.
The Company reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual users, the Company, the communities that make up the Site, or any rights of the Company or any third party, or to violate any applicable law. Notwithstanding the foregoing, the Company cannot ensure prompt removal of questionable content after online posting. Accordingly, neither the Company nor any of its members, officers, directors, affiliates, employees or agents shall assume liability for any action or inaction with respect to conduct, communication, or Content on the Site.
6. Termination of Usage
The Company may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that the Company, in its sole discretion, believes is in a violation of any applicable law or is harmful to the interests of another user, a third party provider, a service provider, or the Company.
7. Usage by Persons 18 Years or Older
You are not authorized to use the Site unless you are at least 18 and able to enter into legally binding contracts. We do not knowingly collect the information of anyone under the age of 18.
8. Governing Law & Dispute Resolution
a. Governing Law
The Terms and all disputes or issues arising from it shall be governed exclusively by the laws of the State of Vermont without regard to principles of conflicts of laws.
b. Dispute Resolution
As a condition precedent to any other legal recourse (unless such legal recourse seeks injunctive relief), any parties to a dispute involving the Site shall make good faith efforts to come to a resolution. An initial meeting to resolve the dispute shall be conducted by the parties at a meeting to be held via teleconference within fourteen (14) working days of a written request, which request shall specify in reasonable detail the nature of the dispute to be resolved at such meeting. The meeting shall be attended by representatives of the parties and any other person that may be affected in any material respect by the resolution of such disputes. Such representatives shall have authority to settle the dispute and shall attempt in good faith to resolve the dispute. The parties shall submit any unresolved dispute to binding arbitration before the American Arbitration Association (the “AAA”) pursuant to the AAA’s expedited rules with proceedings to take place in Stowe, VT. In the event of arbitration, the parties shall be responsible for their own legal fees and expenses, and the costs and expenses of the arbitrator and any fees charged by the AAA shall be apportioned equally between the parties.
The Terms and the rights and liabilities of the parties hereto inure to the benefit of their respective successors and assigns. The Company may assign the Terms to any successor entity. You may not assign without the written permission of the Company. Any attempted assignment that does not comply with this Section 9 shall be null and void.
The provisions of the Terms are intended to be severable. If for any reason any provision of the Terms shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or provisions hereof in any jurisdiction.
The Terms, including all documents referenced herein, represents the entire understanding between you and Modern Day Village LLC regarding your relationship with the Site and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS by using the Site. Modern Day Village LLC reserves the right to change any of the provisions posted herein and you agree to review the Terms each time you visit the Site. Your continued use of the Site following the posting of any changes to the Terms constitutes your acceptance of such changes. Modern Day Village LLC does not and will not assume any obligation to provide you with notice of any change to the Terms and you acknowledge and agree to same. Unless accepted by the Company in writing, you may not amend the Terms in any way.
Last Updated September 2, 2020