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User Agreement

USER AGREEMENT

Last Updated - 8/3/17

This statement covers The Mary Sue ("The Mary Sue", "we") and any associated content including email and RSS feeds. Please read this statement carefully before proceeding to access any of The Mary Sue.com. Your use of The Mary Sue indicates your agreement to abide by the terms in effect.

Use of Content

Attribution Non-Commercial

The Mary Sue is pleased to make its original content available under a Creative Commons Attribution Non-Commercial License for non-commercial reproduction with credit to the source site. This license permits anyone to do the following with original The Mary Sue content in any medium:

1. To reproduce, remix, or otherwise alter original The Mary Sue site material so long as the logo is displayed and credit is given. This includes, specifically, permission: to reproduce quotes, to reproduce screenshots of any page of The Mary Sue, to include original The Mary Sue material in mash-ups, mixes, parodies, caricatures, etc. for movies, TV, print, or online.

Important Note: this does not include the right to republish images from The Mary Sue, for which The Mary Sue may not be the copyright holder, except in the context of a screenshot of the whole site.

The Mary Sue makes no representations or guarantees about the suitability for third-party use of content that appears on The Mary Sue, and licenses herewith only the content of which The Mary Sue is the copyright holder.

The Mary Sue provides two feeds for each of its sites. If you are using all or substantially all of a feed, we ask that you do not modify it in any way, including the stripping out of advertisements.

  1. Full ad-supported feeds are intended only for personal use in RSS readers.
  2. For all other feed uses, including reproduction on websites, you should only use the Excerpt feeds, unless
    otherwise agreed with the company.
  3. Please do not splice the RSS feeds into or otherwise redistribute them via third-party RSS providers.
  4. Please do not ad content, including any advertisements or other promotional content, to the RSS feeds.
  5. The Mary Sue reserves the right to object to your presentation of the RSS feeds and the right to require you to cease
    using the RSS feeds at any time.
  6. The Mary Sue further reserves the right to terminate its distribution of the RSS feeds or change the content or formatting
    of the RSS feeds at any time without notice to you.

Web Syndication Terms of Use

  1. Internal links in the site content must not be removed.
  2. The site logo and/or URL should appear on each page displaying site content.
  3. The format or branding of the headlines, text and other information provided in the RSS feeds must not be modified.
  4. “More From…” links back to original site at the end of each post must be included on content pages and may not be
    removed.

Print Syndication Terms of Use

  1. Reproduction of screenshots from any site is permissible, without prior written approval, so long as the site logo and URL is fully visible or otherwise included on the page. See above for general permissions on partial content.
  2. The site logo and URL must appear prominently at the top of each section displaying site content.
  3. Content must appear unedited, except for replacement of hyperlinks with full URLs and use of product manufacturer’s site links where appropriate.
  4. Images from a site must not be used in print without obtaining the appropriate copyright clearances yourself.

General Terms of Use

The Mary Sue provides this content “as is” and The Mary Sue shall not be held liable for your use of the information in the feeds.Use of a site’s content, including text and images, on your site, or in print, is entirely at your discretion. The Mary Sue is not responsible for any complaints regarding content or images that you choose to display on your site or in print.

The the fullest extent allowed, The Mary Sue disclaims all warranties, including warranties for merchantability, non-infringement and fitness for a particular purpose. By accessing the RSS feeds or the XML instructions provided above, you indicate that you understand and agree to these terms and conditions.

Corresponding with The Mary Sue

Any correspondence with The Mary Sue, including any documentation or images, are considered property of The Mary Sue.
The Mary Sue reserves the right to reproduce such correspondence, in whole or in part, on The Mary Sue or its affiliates.

Comments Terms of Use

The comments sections on The Mary Sue are accessible to users by invitation only (such invitations coming either from The Mary Sue editors directly or by referral from existing comment users). The Mary Sue’s comment user registration system has been designed so that, if the user chooses, they can remain completely anonymous, even to The Mary Sue.

In order to make comments useful and interesting, the following guidelines have been established for comment users:

  • do not post threatening, harassing, defamatory, or libelous material
  • do not intentionally make false or misleading statements
  • do not post material that infringes copyright
  • do not post information that you know to be confidential or sensitive or otherwise in breach of the law
  • keep all comments relevant to the particular The Mary Sue site where the comment is being posted
  • The Mary Sue will not accept responsibility for information posted in the comments sections

Please note that once you post a comment to one of our sites, it becomes part of the public conversation. The Mary Sue’s policy is that we will not remove a user’s comments unless we deem them to be in violation of our Terms of Service. Therefore, if you want to say something that you will later regret personally, it is advisable that you use a username that does not identify you. The Mary Sue cannot remove your comments simply because you have a change of heart. Additionally, it is our policy not to delete comment accounts. However, The Mary Sue reserves the right to remove comments entirely at its discretion, including for alleged violations of terms of service or legal rights. The Mary Sue is not responsible for the content of user comments. If a third party complains that your comment violates our TOS or their rights, we will invite them to respond in the comments themselves. If they pursue the complaint, we will make reasonable efforts to contact you by the means you have provided us, to alert you of the situation. We will protect your contact information as described in our privacy policy, but may be compelled to turn it over pursuant to legal process.

Image and Video Terms of Use

The Mary Sue typically displays images, audio, and video (the “Material”) as part of blog posts written by its editors. The types of Material editors are authorized to use on The Mary Sue include:

  • material licensed from photographic archive and video vendors
  • material supplied to our editors or released into the public domain by public relations and marketing companies for press purposes
  • reader-submitted Material, with the implied representation that the person submitting the material owns the copyright in the material and the right to give it to us for use on the site
  • material published on Flickr or other public photo / video sites with licenses granted under Creative Commons, with attribution in accordance with the CC license granted in each case
  • material commissioned by The Mary Sue
  • material that we believe to be covered by the Fair Use Doctrine, taking into account factors such as:
  1. The purpose and character of use (e.g. transformation from the original, use for criticism, satire, or parody)
  2. The nature of the copyrighted work (e.g. factual or newsworthy vs. creative works)
  3. The amount and substantiality of the portion used in relation to the whole (e.g. use of cropped, reduced, low-
    resolution material used for no more than to convey the point made)
  4. The effect on the potential market for the copyrighted work (e.g. use that is not substitutive for the original, or would
    never be licensed in any event)

If The Mary Sue received notice that Material posted is not in keeping with these terms and conditions or the intended use of the comments section where it is posted, we reserve the right to remove the material.

If you think The Mary Sue has published Material that infringes your copyright, we will address your concerns; however, if the material falls into one of the categories listed above, we believe that our use is legitimate and we will not remove it from the site.

Please note that we will respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act. The text of the Act can be found at the U.S. Copyright Office’s website (www.copyright.gov).To file a notice of infringement with us, you must provide a written communication (by email with an attached and signed PDF or by fax) that sets forth the items specified below. Please do not send us regular mail, as we may not receive it in a timely fashion. IN all cases, if you do not hear a response from us within 10 days of submitting a complaint, please telephone us at 646.370.1237 to confirm that we received your original complaint. Spam blockers sometimes devour important emails from strangers!

To enable us to address your concerns, please provide the following information:

  1. For each alleged infringing image, video, or piece of text that you wish to have removed from one of our sites,
    please provide the exact permanent URL for the page containing the material.
  2. Provide information reasonably sufficient to permit us to contact you: an email address is preferred in addition to a
    telephone number.
  3. For images, provide the following information detailing your claim to ownership of the copyright in the allegedly
    infringing image:*proof of copyright in the images concerned, namely proof of registration of the image under the DMCA,
    OR, absent such registration,
    *a detailed description of where the photograph was taken, by whom, who or what the subject of the image is, AND
    *evidence to support your claim that you own the copyright in the image.We will not comply with requests to remove an image where the complainant cannot prove that they own the copyright in the image in question.
  4. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  5. Sign the document and fax or email to:Fax: 646.370.1238, ATTN: The Mary Sue Legal / DMCA Complaints
    Email: legal AT The Mary Sue DOT com

Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our sites is infringing your copyrights. If you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.Furthermore, we reserve the right to publish your letter on The Mary Sue.

Fees and Payments

We reserve the right at any time to charge fees for access to portions of the Services or the Services as a whole. However, in no event will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the Services that are now free, we will give you advance notice of such fees. You may cancel your account at any time. All new fees, if any, will be posted prominently on the Site and in other appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any digital products or services offered for sale through the Services by us or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Services through your account.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to us or to a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.

Registration

To access certain features of our Site, you may be asked to register with us on the form provided and such registration may require you to provide personally identifying information such as your name, address and email address. You agree that you will register only if you are 13 years or older. You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Passwords

To use certain features of the Site, you will need a user ID and password, which you will create through the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Subscription

As part of The Mary Sue's subscription package, we offer certain benefits to subscribers. One of these benefits is an ad-free site. Although The Mary Sue has taken substantial steps to deactivate all ads for subscribers, it does not warrant that there will be no ads for links and videos embedded/featured from third-parties or for videos posted though our own player. By enrolling for a subscription, a subscriber accepts that "ad-free" excludes third party links/videos or vidoes through our own player.

CANCELLATION AND REFUND POLICY

Cancellation and Refunds of Digital Subscriptions

When you cancel a subscription based on a monthly or annual cycle, you cancel only future charges associated with your subscription. You may notify us of your intent to cancel at any time, but the cancellation will become effective at the end of your current billing period.

Cancellations are effective the following billing cycle. You will not receive a refund for the current billing cycle. You will continue to have the same access and benefits of your product for the remainder of the current billing period.

We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

Changes to Content or Access

We reserve the right to make changes to our digital products at any time. If we temporarily reduce or eliminate the charge for content or access that you are currently paying for under different terms, you will not receive a refund.

Cancellations by Us

We reserve the right to suspend or terminate your subscription or product for any reason, with or without notice and without further obligation. You will not be entitled to a refund in these circumstances. If any or all of our digital products are temporarily unavailable, you will not receive a refund. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

External Links Disclaimer

The Mary Sue routinely contains links to external, third party websites. By providing links to other sites, The Mary Sue does not guarantee, approve, or endorse the information or products available at these sites, nor does a link indicate any association with our endorsement by the linked site to The Mary Sue. The Mary Sue does not operate or control and has no responsibility for the information, produces and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products, and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or noninfringement or implied warranties of merchantability or fitness for a particular purpose.

Visitors of The Mary Sue assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (A) YOUR USE OF, OR INABILITY TO USE, THE SITE, OR (B) ANY MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE SITE. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

Miscellaneous

These Terms of Service have been made in and shall be construed in accordance with the laws of the New York, without regard to its conflict of laws provisions. By using this Site, you agree to submit to the personal and exclusive jurisdiction of the courts located within New York in all disputes arising out of or relating to this agreement or this Site. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred.

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SWEEPSTAKES OFFICIAL RULES

NO PURCHASE, PAYMENT OR DONATION IS NECESSARY TO ENTER OR WIN ANY SWEEPSTAKES/PRIZE DRAW OFFERED VIA THE MARY SUE WEBSITE 

OVERVIEW: The Mary Sue (the "Site") hosts multiple sweepstakes/prize draws (each a "Sweepstakes"). Each Sweepstakes is separate. Entry into one Sweepstakes is not entry for any other Sweepstakes. Details on the exact dates for any Sweepstakes, along with the prize(s) available in that Sweepstakes will be listed on the article post of each individual Sweepstakes.These Official Rules apply to each separate Sweepstakes; provided that if the Sweepstakes Page for any particular Sweepstakes references its own separate set of Official Rules for that Sweepstakes, then those Official Rules will apply.

ELIGIBILITY: Sweepstakes are open to all natural persons who are legal residents of the 50 United States and District of Columbia, who are at least 18 years old at time of entry. Void outside the USA, in Puerto Rico, the US Virgin Islands, and other United States territories and possessions. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited by law

SWEEPSTAKES PERIOD: Each Sweepstakes will begin and end at the dates & times listed on the Sweepstakes Page for that particular Sweepstakes (the "Sweepstakes Period"). All times are measured by Eastern Standard Time (EST) in the United States, which is the time in New York.

HOW TO ENTER: There are two ways to enter any Sweepstakes.

  1. Newsletter Signup. Simply sign up for The Mary Sue’s weekly newsletter to be eligible for the applicable Sweepstakes.
  2. By E-Mail.To enter any Sweepstakes without signing up for the newsletter, simply send an email to info@themarysue.com with the subject line listed in the applicable Sweepstakes page. All emails must be received by the end of the applicable Sweepstakes period to be eligible

By participating in any Sweepstakes, you unconditionally accept and agree to comply with and abide by these Official Rules, the additional details on the applicable Sweepstakes Page, and all decisions of the judges, which shall be final and binding in all respects. All electronic entries for any Sweepstakes Monthly Period must be received during that Sweepstakes Period. Proof of transmission is not proof of receipt.

WINNER SELECTION AND NOTIFICATION/RANDOM DRAWING: Each Sweepstakes drawing will be chosen at random among the eligible entries received during the applicable Sweepstakes Period for that drawing per the "How to Enter" rule above. Each potential winner will be notified via telephone and/or email using the contact information supplied at the time of entry. The notification will include instructions how to contact Sponsor to provide name, address or other information that may be necessary to complete validation of eligibility and delivery of prize. No liability is assumed for any winner notification that is lost, intercepted, or not received by a potential winner for any reason. If a potential winner does not respond within forty eight (48) hours after the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner may be disqualified and an alternate winner may be selected. If a potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected.

PRIZES/ODDS: The prize(s) and value(s) available for any Sweepstakes will be listed on the Sweepstakes Page for that Sweepstakes. The odds of winning in any Sweepstakes depend on the number of eligible entries received for that Sweepstakes.

General Prize Conditions: Prizes are non-transferable, and no cash alternative or prize substitution will be allowed, except in Sponsor’s discretion. A substitute of comparable or greater value may be awarded if any prize listed becomes unavailable for any reason. Allow 4-6 weeks after validation for delivery or arrangement for delivery of prize. Potential winner (a) is responsible for any taxes due as a result of acceptance of the prize, and for any other fees or costs associated with acceptance or use of any prize not expressly included in the prize description, and (b) may be required to execute an Affidavit/Declaration of Eligibility, a Liability Release, and (where legal) a Publicity Release.

RELEASE OF LIABILITY: By participating, to the extent allowed by applicable law, you release Sponsor and its subsidiaries, affiliates, partners, employees, directors, and agents, including advertising agencies, as well as the beneficiary charity, and any named prize provide ("Released Entities"), from any and against any and all injury, loss or damage caused or claimed to be caused by your participation in any Sweepstakes and/or the acceptance, awarding, receipt, use and/or misuse of any prize, and you agree that Released Entities are not responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to any Sweepstakes and/or the awarding of any prize, except as expressly set forth in these Official Rules; you further agree that (i) any and all disputes, claims, and causes of action arising out of or in connection with any Sweepstakes, or any prizes awarded, shall be resolved per the procedures set forth in the The Mary Sue’s Terms of Service.

ADDITIONAL RULES: Acceptance of a prize constitutes winner's permission for Sponsor to use winner's name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation except where prohibited by law.

Sponsor reserves the right to suspend, modify or terminate any Sweepstakes, or any individual drawing(s), if Sponsor believes, in its sole discretion, that malfunction, error, disruption or damage is impairing or will impair the administration, security, fairness, integrity or proper conduct of the Sweepstakes or such drawing(s), in which case Sponsor will attempt, if possible, to award the prize among the eligible entries received that were not affected by the problem. In the event of a dispute as to the identity of the entrant, any online entry will be deemed submitted by the authorized account holder of the e-mail account provided to The Mary Sue at the time of entry and/or registration, provided such account holder must still meet the eligibility requirements for the applicable Sweepstakes. The authorized account holder shall be the natural person to whom the applicable email address has been assigned by the Internet access provider, service provider, or other online organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

Sponsor may conduct a background check to confirm any potential winner's eligibility and compliance with these rules. By entering, you agree to cooperate reasonably with any such background check. Failure to cooperate may result in disqualification and selection of an alternate winner. If the prize includes the opportunity to meet a celebrity, attend a special event, or participate in any similar activity, or if Sponsor intends to publicize the winner in any way, and if a background check reveals that a potential winner (or guest) has engaged in conduct that could damage the reputation or business on any sponsor, as determined by Sponsor in its discretion, the potential winner may be disqualified and the prize may be awarded to an alternate winner, time permitting.

WINNER LIST: The first name, last initial, city and state of the winner(s) in each Sweepstakes might be available on home page of the Site for at least ninety (90) days after the end of the applicable Sweepstakes.

DATA: Any information submitted by you will be subject to our Privacy Policy, posted at https://www.themarysue.com/privacy/

SPONSOR: TheMarySue, LLC and the entity listed on Sweepstakes page.

 

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