Photo by Nicole Franzen & Design by sheep + stone

SANCTUARY SEEKERS Terms of Use

 

PLEASE READ THESE TERMS OF USE (“AGREEMENT”) CAREFULLY BEFORE ACCESSING OUR SITE. THIS AGREEMENT PROVIDES IMPORTANT INFORMATION REGARDING THE USER’S RESPONSIILITIES AND THE LIMITATIONS OF OUR LIABILITY TO YOU.  IN THE EVENT THAT THERE IS ANY CONFLICT BETWEEN THESE TERMS OF USE AND ANY OTHER CONDITIONS SET FORTH ON OUR SITE, THESE TERMS OF USE SHALL CONTROL.

ACCEPTANCE. By visiting our website you agree that you have read and are legally bound by the terms and conditions contained in this Agreement. If you do not agree to all of these terms of use, you MUST NOT use the Modern Sanctuary website or any associated services.

ELIGIBILITY. You must be 13 years or older to use this site. By accessing this site, you also acknowledge and represent that where you reside, you are of legal age to enter into a binding agreement.  Any use of this site outside the United States is done so at the user’s own risk and you acknowledge that you are responsible to comply with all local laws governing the use of such sites.

CHANGES TO OUR SITE OR TERMS OF USE. Modern Sanctuary reserves the right, in its sole discretion, to make changes to our website and/or terms of use at any time.  These changes will be effective immediately upon their posting.  Please visit this page periodically to review the most current Agreement conditions as they will continue to be legally binding.  Your use of our site following the posting of any changes to these terms of use will establish your acceptance of these changes.

USE OF THE SITE. Site content is intended solely for your personal, non-commercial use and may only be used in accordance with the terms of this Agreement.

INTELLECTUAL PROPERTY RIGHTS IN THIS WEBSITE AND ITS CONTENT. Modern Sanctuary owns the intellectual property rights in its products and in its trademarks, service marks, logos, designs, patents, trade dress, trade secrets, copyrights, and other intangible property.  All content on this website is the property of Modern Sanctuary is licensed to Modern Sanctuary, and is protected by state, federal, and international law, including, without limitation, United States copyright, patent, and trademark laws, as well as by licensing agreements or other proprietary rights.

Any permitted download or printout of Web Content: (1) must retain all accompanying copyright, trademark, patent, and other proprietary notices; and (2) must not be modified in any way.  You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit, create derivative works, or create a compilation or database from any of the Web Content without the prior written authorization of Modern Sanctuary.

Title to our intellectual property, this website, and the Web Content remains with Modern Sanctuary or its licensors, and all rights not expressly granted are reserved.  The trademarks and service marks (including, without limitation, MODERN SANCTUARY, and logos and designs associated with Modern Sanctuary), service marks, logos, designs, trade dress, and other proprietary marks of Modern Sanctuary or its affiliated companies, licensors, and partners, are the intellectual property of Modern Sanctuary.  No use of any Modern Sanctuary trademark, service mark, trade name, trade dress, logo, design, or product identified in this website may be made without the prior written authorization of Modern Sanctuary, except to identify the product or services of Modern Sanctuary.

These Terms and Conditions do not grant you any right, title, or interest in these marks or any other intellectual property of Modern Sanctuary or its affiliated companies, licensors, or partners. Except as permitted under these Terms of Use, no license or right, express or implied, is granted to any person regarding any patent, trademark, copyright, or other proprietary right of Modern Sanctuary.

USER SUBMISSIONS. Users are encouraged to submit content, information and images to the site (“User Submissions”). You shall be solely responsible for your User Submissions and any consequences related to the publishing of such User Submissions including those related to errors or omissions   By posting any User Submission on this site, you represent and warrant that you own or have the right to use and likewise permit Modern Sanctuary to use such User Submission. Submission of blog posts, articles, and the like shall also be subject to our Submissions Agreement [link], and where the Terms of Use conflict with the Submissions Agreement, the terms of the Submissions Agreement shall prevail.

Modern Sanctuary reserves the right, and sole discretion, to determine whether User Submissions are appropriate for publication on our website and comply with these terms of use.

You acknowledge that by posting User Submissions, Modern Sanctuary is granted non‑exclusive, royalty‑free, perpetual, irrevocable rights to such User Submissions (including all related intellectual property rights).  Additionally, you agree that Modern Sanctuary has the right to reformat, modify and/or excerpt any User Submissions.

RESTRICTIONS. You may not reverse look-up, trace, or seek to trace any information on any other user of, or visitor to, our website, or any other customer of Modern Sanctuary, or exploit this website or its contents in any way for the purpose of revealing any personal identification or information, other than your own information.  You agree not to use any device or routine to interfere or attempt to interfere with the proper working of, or any other person’s use of, our website.  You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of our website or Modern Sanctuary’s systems or networks, or any connected systems or networks.  By using or accessing this website, you agree not to disrupt or intercept our electronic information posted on this website or on any of our servers.  You also agree not to attempt to circumvent any security features of our website, and to abide by all applicable, local, state, federal, and international laws, rules, and regulations.

DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE AND THE WEB CONTENT MADE AVAILABLE ON THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR CREATED BY LAW, CONTRACT, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFORMATION ACCURACY, OR TITLE, OR ANY WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OF TRADE, OR OTHERWISE.  MODERN SANCTUARY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, EFFECTIVENESS, COMPLETENESS, TIMELINESS, SUITABILITY, OR RELIABILITY OF CONTENT AVAILABLE THROUGH THIS WEBSITE, OR AS TO THE USE OF THIS WEBSITE BEING UNINTERRUPTED OR ERROR-FREE.

You assume and are responsible for all risk for your access to and use of this website, including, without limitation, for taking all precautions necessary to ensure that any content that you may obtain from this website is free from viruses and any other potentially destructive computer code.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL MODERN SANCTUARY OR ITS LICENSORS, REPRESENTATIVES, OR AGENTS, OR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH MODERN SANCTUARY, BE LIABLE FOR ANY LOSSES, EXPENSES, OR DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, STATUTORY, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES, COSTS, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT OF GOODS, OR LOSS OR DAMAGE TO DATA), WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, THAT ARISE FROM OR ARE IN ANY WAY RELATED TO USE OF, INABILITY TO USE, OR RELIANCE ON THIS WEBSITE, ANY INFORMATION CONTAINED IN OR OMITTED FROM THIS WEBSITE, OR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, OR THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF THIS WEBSITE OR THE WEB CONTENT (INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGE TO YOUR COMPUTER HARDWARE, DATA, INFORMATION, OR BUSINESS), EVEN IF MODERN SANCTUARY OR ANY REPRESENTATIVE, AGENT, OR OTHER PERSON HAS BEEN ADVISED OF OR OTHERWISE HAS NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.

In no event will our total liability to you for any damages exceed the amount, if any, that you paid to access our website or purchase any product via our website.  If you live in a state that does not allow the limitation or exclusion of liability or damages, the above limitation or exclusion may not apply to you.

The site contains links to third party websites for your convenience.  You acknowledge that Modern Sanctuary does not control, nor is liable for the content provided through these linked sites.  The fact that we provide these links does not constitute approval or endorsement of any third-party content.  Furthermore, Modern Sanctuary makes no claims regarding, and is not liable for any lack thereof, the truthfulness, accuracy, completeness or quality of the content found through these links.

INDEMNITY. You agree to totally indemnify and hold Modern Sanctuary, its directors, owners, officers, employees, agents, contractors, representatives, and contributors harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of (1) your use of the services (including actions taken by a third party using your account), (2) your breach of this Agreement, and/or (3) your negligent or willful misconduct.

CONTROLLING LAW AND JURISDICTION. This Agreement and all aspects of your dealings with Modern Sanctuary shall be governed in accordance with the laws of the State of Maine and the United States of America, without regard to their conflict-of-law provisions. You and Modern Sanctuary agree to submit to the jurisdiction of a state court located in Cumberland County, Portland, Maine or a United States District Court, Portland, Maine for any actions for which arbitration, as set forth in the Dispute Resolution provision below, does not apply.

DISPUTE RESOLUTION. Any dispute arising from or relating to these Terms of Use shall be settled by binding arbitration in Cumberland County, Maine.  You acknowledge and agree that you and Modern Sanctuary are waiving the right to a trial or to participate as a plaintiff in any class action suit.  This dispute resolution clause will remain in effect even in the event of termination of this Agreement.

COPYRIGHT DISPUTE POLICY.  Modern Sanctuary has adopted and implemented a policy regarding copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA.  Modern Sanctuary requires users of the site to respect and abide by the intellectual property rights of users. User Submissions include representations and warrants that they have the rights to allow Modern Sanctuary to use such submissions on our site.

If you believe submissions on our site infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Such notice must include the following information:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(2) Identification of the copyrighted work or trademark claimed to have been infringed;

(3) Identification of the material that is claimed to be infringing with sufficient detail to allow Modern Sanctuary to locate the material on the Site;

(4) Contact information for the complaining party, to include name, address, telephone number, and email address;

(5) A statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright or trademark owner, its agent, or the law;

(6) A statement made under the penalty of perjury that the information provided is accurate; and

(7) Confirmation that the author is authorized to make a claim on behalf of the owner of the copyright that is allegedly infringed.

Modern Sanctuary will not respond to complaints that do not meet the standards set forth in (1) – (7) above.

Upon receipt of a proper notice of copyright infringement, Modern Sanctuary reserves the right to:

(1) Remove access to the infringing content; and

(2) Notify the content submitter or user that said content has been removed.

If a content provider believes that a notice of copyright infringement has been wrongly filed against you, the DMCA allows you the right to send us a counter-notice. Counter-notices must include the following information:

(1) Your name, address, and telephone number;

(2) Identification of the content that has been removed, and the location at which the material appeared before it was removed;

(3) A statement made under penalty of perjury that you have a good faith belief that the content was removed as a result of a mistake or misidentification of the material to be removed;

(4) A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located; and

(5) A physical or electronic signature.

Modern Sanctuary may send a copy of the counter-notice to the original complaining party stating that Modern Sanctuary may replace the removed material in 14 business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced in 14 to 17 business days after receipt of the counter-notice, at Modern Sanctuary’s discretion.

Notices and counter-notices with respect to the site should be sent to the agent identified below. We suggest that you consult your legal advisor before filing a notice or counter-notice.

connect@modernsanctuary.life

Copyright
Modern Sanctuary
32 Buttonwood Lane
Portland, ME 04102

 TERMINATION. This Agreement is effective from the date you first access our site and shall remain in full force and effect while you continue to use the site.  All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

PRIVACY. Modern Sanctuary will use any personal information collected by this website in accordance with our Privacy Policy, and applicable law.

GENERAL INFORMATION. This is the entire agreement between you and Modern Sanctuary and supersedes any prior written or oral agreements. This agreement may not be modified or waived except by Modern Sanctuary.  We reserve the right to change any of the content on our website and to discontinue the availability of such content and discontinue the availability of our website at any time without notice. The failure of Modern Sanctuary to exercise, in any respect, any right provided for in this agreement, shall not be deemed a waiver of any further rights hereunder.  If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, so that this Agreement shall otherwise remain in full force and effect and enforceable. Provision Headings have been included for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.

FEEDBACK OR QUESTIONS.  We would be happy to hear from you! If you have any feedback, questions, complaints, or claims regarding this agreement or our site in general, please contact us at connect@modernsanctuary.life.  By submitting feedback, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to you.