Terms of Service

The Gist:

We (the folks at OneLooseTooth.com) run this site and
would love for you to use it.  This site,
blog, forum, and related services are designed to educate and entertain, and we
encourage you to express yourself freely. However, be responsible in what you write,
and please be respectful. In particular, make sure that none of the prohibited
items listed below appear in your writing or what you link to (things like
spam, viruses, or hate content).

Terms of Service:

The following terms and conditions govern all use of the OneLooseTooth.com
website and all content, services and products available at or through the
website. The Website is owned and operated by Chance Bodini (“CB”). The Website
is offered subject to your acceptance without modification of all of the terms
and conditions contained herein and all other operating rules, policies
(including, without limitation, CB’s Privacy Policy) and procedures that may
be published from time to time on this Site by CB (collectively, the

Please read this Agreement carefully before accessing or using
the Website. By accessing or using any part of the web site, you agree to
become bound by the terms and conditions of this agreement. If you do not agree
to all the terms and conditions of this agreement, then you may not access the
Website or use any services. If these terms and conditions are considered an
offer by CB, acceptance is expressly limited to these terms. The Website is
available only to individuals who are at least 13 years old.

of Contributors.
If you operate a blog,
comment on a blog, post material to the Website, post links on the Website, or
otherwise make (or allow any third party to make) material available by means
of the Website (any such material, “Content”), You are entirely responsible for
the content of, and any harm resulting from, that Content. That is the case
regardless of whether the Content in question constitutes text, graphics, an
audio file, or computer software. By making Content available, you represent
and warrant that:

Without limiting any of those representations or warranties, CB
has the right (though not the obligation) to, in CB’s sole discretion (i)
refuse or remove any content that, in CB’s reasonable opinion, violates any CB
policy or is in any way harmful or objectionable, or (ii) terminate or deny
access to and use of the Website to any individual or entity for any reason, in
CB’s sole discretion. CB will have no obligation to provide a refund of any
amounts previously paid.

of Website Visitors.
 CB has not
reviewed, and cannot review, all of the material, including computer software,
posted to the Website, and cannot therefore be responsible for that material’s
content, use or effects. By operating the Website, CB does not represent or
imply that it endorses the material there posted, or that it believes such
material to be accurate, useful or non-harmful. You are responsible for taking
precautions as necessary to protect yourself and your computer systems from
viruses, worms, Trojan horses, and other harmful or destructive content. The
Website may contain content that is offensive, indecent, or otherwise
objectionable, as well as content containing technical inaccuracies,
typographical mistakes, and other errors. The Website may also contain material
that violates the privacy or publicity rights, or infringes the intellectual
property and other proprietary rights, of third parties, or the downloading,
copying or use of which is subject to additional terms and conditions, stated
or unstated. CB disclaims any responsibility for any harm resulting from the
use by visitors of the Website, or from any downloading by those visitors of
content there posted.

Posted on Other Websites.
have not reviewed, and cannot review, all of the material, including computer
software, made available through the websites and webpages to which OneLooseTooth.com
links, and that link to OneLooseTooth.com. CB does not have any control over
those non-OneLooseTooth.com websites and webpages, and is not responsible for
their contents or their use. By linking to a non-OneLooseTooth.com website or
webpage, CB does not represent or imply that it endorses such website or
webpage. You are responsible for taking precautions as necessary to protect
yourself and your computer systems from viruses, worms, Trojan horses, and
other harmful or destructive content. CB disclaims any responsibility for any
harm resulting from your use of non-OneLooseTooth.com websites and webpages.

Infringement and DMCA Policy.
 As CB asks others to respect its intellectual property
rights, it respects the intellectual property rights of others. If you believe
that material located on or linked to by OneLooseTooth.com violates your
copyright, you are encouraged to notify CB in accordance with standard
Digital Millennium Copyright Act (”DMCA”) Policy
. CB will respond to all such notices,
including as required or appropriate by removing the infringing material or
disabling all links to the infringing material. CB will terminate a visitor’s
access to and use of the Website if, under appropriate circumstances, the
visitor is determined to be a repeat infringer of the copyrights or other
intellectual property rights of CB or others. In the case of such termination, CB
will have no obligation to provide a refund of any amounts previously paid to CB.

 This Agreement
does not transfer from CB to you any CB or third party intellectual property,
and all right, title and interest in and to such property will remain (as
between the parties) solely with CB. CB, OneLooseTooth.com, the OneLooseTooth.com
logo, and all other trademarks, service marks, graphics and logos used in
connection with OneLooseTooth.com, or the Website are trademarks or registered
trademarks of CB or CB’s licensors. Other trademarks, service marks, graphics
and logos used in connection with the Website may be the trademarks of other
third parties. Your use of the Website grants you no right or license to
reproduce or otherwise use any CB or third-party trademarks.

Changes. CB reserves the right, at its sole discretion,
to modify or replace any part of this Agreement. It is your responsibility to
check this Agreement periodically for changes. Your continued use of or access
to the Website following the posting of any changes to this Agreement
constitutes acceptance of those changes. CB may also, in the future, offer new
services and/or features through the Website (including, the release of new
tools and resources). Such new features and/or services shall be subject to the
terms and conditions of this Agreement. 

Termination. CB may terminate your access to all or any
part of the Website at any time, with or without cause, with or without notice,
effective immediately. If you wish to terminate this Agreement, you may simply
discontinue using the Website. All provisions of this Agreement which by their
nature should survive termination shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers, indemnity and
limitations of liability. 

of Warranties.
 The Website is
provided “as is”. CB and its suppliers and licensors hereby disclaim all
warranties of any kind, express or implied, including, without limitation, the
warranties of merchantability, fitness for a particular purpose and
non-infringement. Neither CB nor its suppliers and licensors, makes any
warranty that the Website will be error free or that access thereto will be
continuous or uninterrupted. You understand that you download from, or
otherwise obtain content or services through, the Website at your own
discretion and risk.

of Liability.
 In no event will
CB, or its suppliers or licensors, be liable with respect to any subject matter
of this agreement under any contract, negligence, strict liability or other
legal or equitable theory for: (i) any special, incidental or consequential
damages; (ii) the cost of procurement for substitute products or services;
(iii) for interruption of use or loss or corruption of data; or (iv) for any
amounts that exceed the fees paid by you to CB under this agreement during the
twelve (12) month period prior to the cause of action. CB shall have no
liability for any failure or delay due to matters beyond their reasonable
control. The foregoing shall not apply to the extent prohibited by applicable

Representation and Warranty.
 You represent and warrant that (i) your use of the Website
will be in strict accordance with the CB Privacy Policy, with this Agreement
and with all applicable laws and regulations (including without limitation any
local laws or regulations in your country, state, city, or other governmental
area, regarding online conduct and acceptable content, and including all
applicable laws regarding the transmission of technical data exported from the
United States or the country in which you reside) and (ii) your use of the
Website will not infringe or misappropriate the intellectual property rights of
any third party.

Indemnification. You agree to indemnify and hold harmless
CB, its contractors, and its licensors, and their respective directors,
officers, employees and agents from and against any and all claims and
expenses, including attorneys’ fees, arising out of your use of the Website,
including but not limited to your violation of this Agreement.

Miscellaneous. This Agreement constitutes the entire
agreement between CB and you concerning the subject matter hereof, and they may
only be modified by a written amendment signed by an authorized executive of CB,
or by the posting by CB of a revised version. Except to the extent applicable
law, if any, provides otherwise, this Agreement, any access to or use of the
Website will be governed by the laws of the state of California, U.S.A.,
excluding its conflict of law provisions, and the proper venue for any disputes
arising out of or relating to any of the same will be the state and federal
courts located in Tustin County, California. Except for claims for injunctive
or equitable relief or claims regarding intellectual property rights (which may
be brought in any competent court without the posting of a bond), any dispute
arising under this Agreement shall be finally settled in accordance with the
Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation
Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such
Rules. The arbitration shall take place in Tustin, California, in the English
language and the arbitral decision may be enforced in any court. The prevailing
party in any action or proceeding to enforce this Agreement shall be entitled
to costs and attorneys’ fees. If any part of this Agreement is held invalid or
unenforceable, that part will be construed to reflect the parties’ original
intent, and the remaining portions will remain in full force and effect. A
waiver by either party of any term or condition of this Agreement or any breach
thereof, in any one instance, will not waive such term or condition or any
subsequent breach thereof. You may assign your rights under this Agreement to
any party that consents to, and agrees to be bound by, its terms and
conditions; CB may assign its rights under this Agreement without condition.
This Agreement will be binding upon and will inure to the benefit of the
parties, their successors and permitted assigns.

Last Edited on 05/02/2013.

Thanks also to the great team at Automattic (responsible
for creating amazing tools like WordPress.com), who have made their more comprehensive Terms
of Service
 available under a Creative Commons Sharealike license, which saves bloggers like me from re-inventing the wheel.