“Terms of Use”

MARY’S PROJECT

TERMS OF USE AGREEMENT

Last Updated: July 27, 2010

Welcome to the website (the “Site”) of Mary’s Project (“MARY’S PROJECT,” “we,” or “us”). This Terms of Use Agreement (the “Agreement”) is a legal contract that governs your use of the Site. By using this Site, you agree to be bound by the terms of this Agreement. Please read this Agreement carefully before using this service.

This Agreement applies to all uses of any part of the Site. We may restrict, suspend, or revoke your registration or ability to access or use the Site, or any affiliated site, with or without prior notice, if you violate this Agreement.

1. Changes to This Agreement

We may change the terms of this Agreement or modify any features of this Site at any time, so we encourage you to review the Agreement periodically before using the Site. The most current version of the Agreement can be viewed by clicking on the “Terms of Use” link at the bottom of any page in the Site. We will assist you in identifying changes to the Agreement by listing the date on which the Agreement was most recently updated at the top of the document.

By continuing to use this Site after we post changes to the Agreement, you agree to be bound by those changes. If you do not agree to the changes, you must stop using the Site and notify us of your intent to terminate this Agreement by following the procedures described in section 13, below.

2. Our Privacy Policy

We have posted a Privacy Policy that describes what personal information we collect on the Site and how we use that information. That Privacy Policy is incorporated into this Agreement by reference and, by using the Site, you indicate that you understand and agree to the practices described in the Privacy Policy.

3. Your License to Use the Site

We encourage you to use the Site for non-commercial purposes, and, subject to the provisions of this Agreement and for non-commercial purposes, you may hyperlink to items of interest on the Site. In addition, subject to the provisions of this Agreement, you may distribute individual copies of occasional items of interest on the Site for non-commercial purposes by electronic mail or in print as long as you distribute those copies, in the aggregate, to no greater than twenty people, distribute them without modification, addition, or alteration, and identify MARY’S PROJECT prominently as the source of the material. Your right to hyperlink to or distribute portions of the Site is non-exclusive and revocable at MARY’S PROJECT’S option, and such hyperlinking or distribution is permitted only if it is not in a context that portrays MARY’S PROJECT or the Site in a false, misleading, derogatory, or otherwise offensive manner.

may not distribute any part of this Site over any network, including a local area network, nor sell or offer it for sale.

The Site has been specially designed for presentation of content in a unique format and appearance to our users. Without limiting the provisions of this section, neither you nor any third party shall make use of the contents of the Site in any manner that constitutes an infringement of our rights, including our copyright rights or any use that has not been authorized by us. Among other restrictions, you agree not to republish or frame our content in a setting that includes advertising or other materials that we have not authorized to be displayed with the Site.

4. Contributions

If you agree to make a contribution to MARY’S PROJECT through the Site, you acknowledge that your commitment is legally binding. You agree that any contribution you make to MARY’S PROJECT is given on an unrestricted basis and that it may be used for any purpose, as determined by MARY’S PROJECT in its sole discretion. Please note that contributions to MARY’S PROJECT are tax-deductible under the Internal Revenue Code.

We may use a third-party payment vendor to process contributions made through the Site. If you provide information to the payment vendor in connection with your contribution, we want you to be aware that, as to your relationship with the vendor, this transaction will be governed by the vendor’s user agreement and privacy policy in addition to those of MARY’S PROJECT. If you would prefer not to make your contribution through our vendor, you can submit your contribution by mail to:

Mary’s Project
P.O. Box 708
Sioux Falls, SD 57101

5. Notice of Copyright Infringement

If you believe in good faith that your copyrighted work has been reproduced on or linked from the Site without authorization in a way that constitutes copyright infringement, please contact our designated copyright agent at the address below. Your notification should include the following information:

(a) identification of the copyrighted work claimed to have been infringed;
(b) identification of the allegedly infringing material on the Site that is requested to be removed;
(c) your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
(d) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
(e) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
(f) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

Our copyright agent for notice of claims of infringement on the Site is:

Mary’s Project
P.O. Box 708
Sioux Falls, SD 57101

This contact information is only for suspected copyright infringement. Contact information for other matters is provided in Section 16, below.

6. Prohibited Conduct

By using the Site, you agree not to:

(a) violate any applicable law in connection with your use of the Site;
(b) delete or revise any material or other information of any other user, MARY’S PROJECT, or any third party;
(c) harvest or otherwise collect information about others, including e-mail addresses, without their consent;
(d) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
(e) use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity conducted on the Site;
(f) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available on the Site and other than generally available third-party web browsers, except that if you are the operator of a bona fide Internet search engine service available to the general public, you may access the Site using robots or similar devices only to the extent not prohibited by us using machine-readable instructions posted on the Site;
(g) attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site;
(h) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in our judgment, exposes us or any of our users, affiliates, or suppliers to any liability or detriment of any type; or
(i) take any other action that could endanger or cause damage to us, other users of the Site, or other third parties.

You further agree not to violate or attempt to violate the security of the Site, including, without limitation:

(a) accessing data not intended for you or logging into a server or account that you are not authorized to access;
(b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(c) attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Site;
(d) sending unsolicited e-mail, including promotions and/or advertising of products or services, to or through the Site or with reference to us or the Site; or
(e) forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who are involved in such violations.

7. Links

We may, as a convenience to users, provide links to third-party content and other web sites on or through the Site. We do not endorse, sponsor, or accept any responsibility for such material. We are not responsible for the content or privacy practices of any linked sites.

8. Indemnification

violation of this Agreement (including the Privacy Policy). We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

9. Disclaimer of Warranties

This Site is available “as is.” We do not warrant that this Site will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through this Site. We are not responsible for the availability or content of other services that may be linked to this Site. We do not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, with respect to this Site or any information or goods that are available or advertised or sold through this Site. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in this Site or available though links in this Site. We reserve the right, but disclaim any obligation, to correct any errors or omissions in this Site. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, “Trojan horses” or other destructive materials to this Site, we do not guarantee or warrant that this Site or materials that may be obtained from this Site do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on this Site and any materials available through this Site, you do so solely at your own risk.

10. Limitation of Liability

will not be liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business or loss of data, in any way related to this Site or for any claim, loss or injury based on negligence (including gross negligence), errors, omissions, interruptions or other inaccuracies in this Site (including without limitation as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of this Site.

11. Severability and Integration

Unless otherwise specified herein, the Agreement constitutes the entire agreement between you and MARY’S PROJECT and governs your use of this Site, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. If any portion of this Agreement is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

12. No Waiver

Our failure to enforce any provision(s) of the Agreement or respond to a breach by any party does not waive our right to subsequently enforce any terms or conditions of the Agreement or respond to any breaches.

13. Termination

may make such a request by mail, and Sections 6 through 15 of the Agreement will survive any such termination.

14. Choice of Law and Forum

You agree that this Agreement will be governed by the laws of the United States and the state of South Dakota, without regard to choice of law rules. You agree that any claim or dispute against MARY’S PROJECT arising out of or relating to this Site must be resolved by a court located in South Dakota unless agreed upon by all parties.

15. Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and MARY’S PROJECT as a result of this Agreement or your access to and use of the Site.

Nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.

16. Questions

Please contact Mary’s Project, P.O. Box 708, Sioux Falls, SD 57101 if you have any questions or comments about this Agreement.