Provoked by Susan

TERMS OF USE

Last Updated: May 5, 2025.

IMPORTANT LEGAL INFORMATION: PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE AND THE CONTENT MADE AVAILABLE THROUGH THE SERVICE.

THESE TERMS REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN COURT, TO HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY, OR TO BRING ANY CLAIMS AGAINST US IN A CLASS ACTION FORMAT.

Welcome to a SFD Media LLC (“SFDM“) offering. These Terms of Use (“Terms“) govern your use of our websites (including HTTPS://ProvokedBySusan.com,  and your use of other interactive features, plug-ins, mobile websites, content, downloads, services, tools, and other online services that we own and control and that post a link to these Terms (collectively with each App and Site, the “Service“). Thank you for visiting and learning more about SFDM!

It is important to us that you, and our other visitors, have a positive experience while using the Service and that when you use this Service you are fully aware of your respective legal rights and obligations. For that reason, we have created these Terms as the legally binding terms to govern your use of this Service.

Contents & Summary of More Detailed Terms Below

  1. You Accept These Terms
    Each time you access and/or use the Service, you agree to be bound by these Terms and any Additional Terms (defined below) that will apply to you.
  2. Updates to Terms
    These Terms and Additional Terms posted on this Service at each time of use apply to that use, prospectively. You agree that we may provide notice to you of updated terms by posting them on the Service.
  3. Legal Capacity
    You represent that you have the legal capacity to enter into the agreement set out in these Terms.
  4. Online Privacy Notice
    You consent to the collection of your information consistent with our Privacy Policy.
  5. Disclaimer of Warranties
    We disclaim warranties and provide the Service “As Is.”
  6. Limitation of Liability
    Our liability related to your use of any Site, App, or Service is limited.
  7. Binding Arbitration
    Any disputes under these Terms will be resolved on an individual basis through binding arbitration, with no class action relief.
  8. Trademarks and Copyrights
    This Service is protected by copyrights, trade secrets, or other proprietary rights.
  9. Permitted Uses
    We only grant you a limited revocable license to use the Service for your own non-commercial use subject to rules and limitations.
  10. Forums
    SFDM is not responsible for information you post on our Service.
  11. Submissions, Postings, and Emails
    Unsolicited ideas through your submissions, postings, or emails, are considered User Content and we will not pay for them.
  12. Invited Submissions
    From time to time, we may invite you to submit content to the Service. We will not pay for invited submissions.
  13. Our Use of Content
    SFDM will consider anything you provide to us as being provided to SFDM free of any obligations to you.
  14. User Content
    You grant SFDM an irrevocable, royalty-free, perpetual, non-exclusive, unrestricted right and license to your User Content.
  15. Claims of Infringement.
    If you believe that any content appearing on this Service infringes on your copyrights or any other intellectual property rights, we want to hear from you. Please email [email protected].
  16. Typographical Errors
    We do not warrant that content on the Service is error-free.
  1. Seller; Risk of Loss of Goods Purchased. If we sell you any goods through the Service, the risk of loss of those goods passes to you once they are delivered to a carrier.
  1. Responsible Use of Service
    You may only use the Service for lawful purposes.
  2. House Rules
    You may not post material that defames others or is otherwise unlawful and harmful.
  3. Release
    You release us from any claims related to the Service that you may have against third-parties.
  4. Indemnity
    You will indemnify and hold SFDM harmless for material you post and for other matters.
  5. Violation of Security Systems
    You may not tamper with the system for this Service or the accounts of others.
  6. Investigations
    SFDM reserves the right to investigate suspected violations of these Terms.
  7. Reservation of Rights
    SFDM may modify or discontinue this Service at any time.
  8. Local Regulations
    SFDM makes no representation that the Service is available for use outside of the United States.
  9. Third-Party Sites
    We are not responsible for third-parties or their content, advertisements, apps, or sites.
  10. Choice of Law
    Texas law applies to these Terms and any disputes.
  11. Notice for California Users
    California users of the Service are entitled to the consumer rights notice below.
  12. How to Contact Us
    You may forward any comments or complaints, or questions regarding privacy and other matters about the Service to [email protected].
  13. General
    These terms or any other terms related to parts of the Service are the entire agreement.  If any portion of this agreement is deemed unenforceable, the remaining provisions will survive.   SFDM may assign these terms to another party, but you may not assign these terms to anyone else. Any failure to enforce these Terms by SFDM will not constitute a waiver.   SFDM may amend these terms.

Full Details of Terms of Service

  1. You Accept These Terms.

If you do not agree with any of these Terms, including the Privacy Policy, do not use this Service. By using this Service you will be deemed to have irrevocably agreed to these Terms. Some areas of this Service may be subject to additional terms and conditions (“Additional Terms“), which you should read carefully before making any use of those areas. Such Additional Terms will not change or replace these Terms regarding use of this Service, unless otherwise expressly stated.

  1. Updates to Terms.

Please note that these Terms may be revised and reissued, prospectively, by posting updated terms on this Service. You consent and agree to receive notices of updates to these Terms through our posting of updated Terms on the Service. You should visit this page regularly to review the current terms. Your continued use of the Service will be deemed as irrevocable acceptance of any revisions. You should frequently check the home page and the email you associated with your account for notices, and you agree that the means set forth in these Terms are all reasonable manners of providing you with notice. You can reject any new, revised or Additional Terms by discontinuing use of the Service and related services

  1. Legal Capacity.

This is a general audience Service for adults. We will assume (and by using this Service you warrant that) you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).

  1. Online Privacy Notice.

In our Privacy Policy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used on this Service. 

  1. Disclaimer of Warranties.

YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK. THE SERVICE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, SFDM, AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF SFDM (COLLECTIVELY, “THE SFDM GROUP“) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SFDM GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SFDM GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SERVICE OR ANY WEBSITES LINKED TO THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE SFDM GROUP MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT IN THE SERVICE OR ANY WEBSITE OR OTHER ONLINE SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE SFDM GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICE OR ANY OTHER WEBSITE OR ONLINE SERVICE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

  1. Limitation of Liability.

THE SFDM GROUP DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SERVICE OR ANY OTHER WEBSITE OR ONLINE SERVICE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SERVICE OR ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE SFDM GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF THE SFDM GROUP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING THEREIN.

EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SFDM GROUP’S TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID SFDM TO ACCESS THE SERVICE OR IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY US.

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

  1. Binding Arbitration of All Disputes; No Class Relief.

PLEASE READ THIS ENTIRE SECTION CAREFULLY, AS YOU ARE WAIVING CERTAIN LEGAL RIGHTS IN THE EVENT OF ANY DISPUTE WITH US AND ARE AGREEING TO BINDING ARBITRATION, AMONG OTHER THINGS.

  1. First — Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, dispute or claim arises out of or relates to the Service, including any advertising or marketing communications regarding SFDM or the Service, the Material, your User Content, these Terms, or any Additional Terms, whether heretofore or hereafter arising (collectively, “Dispute“), or to any of SFDM’s actual or alleged intellectual property rights (an “Excluded Dispute“, which includes those actions set forth in Section 7(E)), then you and we agree to engage in good-faith informal efforts to resolve a Dispute and Excluded Dispute by sending a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 7(A). Your notice to us must be sent via email to: [email protected]. The written description included in your notice must be on an individual basis and provide at least the following information: your name; the nature or basis of the claim or dispute; and the relief sought. For a period of sixty (60) days from the date of receipt of notice from the other party, SFDM and you agree to negotiate in good faith about the dispute through an informal telephonic dispute resolution conference between you and SFDM in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or SFDM to resolve the Dispute or Excluded Dispute on terms with respect to which you and SFDM, in each of our sole discretion, are not comfortable. The informal telephonic dispute resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration or pursue an Excluded Dispute; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. If either party is represented by counsel, that party’s counsel may participate in the informal telephonic dispute resolution conference, but the party also must appear at and participate in the conference. This informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. If you reside in the U.S. (and as applicable to U.S. residents), certain portions of this Section 7 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and SFDM agree that we intend that this Section 7 satisfies the “writing” requirement of the Federal Arbitration Act (“FAA“).
  1. Binding Arbitration. If we cannot resolve a Dispute as set forth in Section 7(A) within sixty (60) days of receipt of the notice, then ANY DISPUTE ARISING BETWEEN YOU AND SFDM (whether based in contract, statute, regulation, ordinance, tort— including, but not limited to, fraud, any other intentional tort or negligence,—common law, constitutional provision, respondeat superior, agency or any other legal or equitable theory), whether arising before or after the effective date of these Terms,, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. For U.S. residents, the FAA, not state law, shall govern the arbitrability of all disputes between SFDM and you regarding these Terms (and any Additional Terms) and the Service, including the “No Class Action Matters” Section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. SFDM and you agree, however, that the applicable state, federal or provincial law shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and SFDM regarding these Terms and the Service, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to any jurisdiction’s choice of law principles. An Excluded Dispute will only be subject to binding arbitration pursuant to this Section 7 if the parties mutually agree.

Any Dispute will be resolved solely by binding arbitration in accordance with the then-current: (i) Consumer Arbitration Rules then in effect since the matter involves a “consumer” agreement as defined by Consumer Arbitration Rule R-1; and if such Consumer Arbitration Rules do not apply then: (ii) the Commercial Arbitration Rules(collectively, “Rules“) of the American Arbitration Association (“AAA“), except as modified herein, and the arbitration will be administered by the AAA.

  1. Arbitration Process. If after sixty (60) days the informal dispute resolution procedure set forth in Section 7(A) above is unsuccessful in resolving the parties’ dispute, a party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Rules. (The AAA provides applicable forms for Demands for Arbitration available at https://www.adr.org/sites/default/files/Demand_for_Arbitration_0.pdf (Commercial Arbitration Rules) and https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_1.pdf (Consumer Arbitration Rules), and a separate affidavit for waiver of fees for California residents only is available at https://adr.org/sites/default/files/Waiver_of_Fees_CA_Only.pdf.) The arbitrator will be either a retired judge or an attorney licensed to practice law in Harris County, Texas. The parties will first attempt to agree on an arbitrator. If the parties are unable to agree upon an arbitrator within twenty-one (21) days of receiving the AAA’s list of eligible neutrals, then the AAA will appoint the arbitrator in accordance with the Rules. The arbitration may be conducted by telephone or on-line video conferencing or based on written submissions, and if an in-person hearing is required, then it will be conducted in Harris County, Texas or at another mutually agreed upon location. You and we will pay the administrative and arbitrator’s fees and other costs (and please note that you will be responsible for a portion or percentage of such fees) in accordance with the requirements of the Rules; but if the Rules (or other applicable arbitration rules or laws) require SFDM to pay a greater portion or all of such fees and costs in order for this Section 7 to be enforceable, then SFDM will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitration will be conducted by a single arbitrator who will apply and be bound by these Terms and any Additional Terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim. The arbitrator will render an award within the time frame specified in the Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the Rules, and these Terms. The arbitrator’s award of damages and/or other relief must be consistent with the terms of the “Limitation of Liability” Section above as to the types and the amounts of damages or other relief for which a party may be held liable. If a claim is brought seeking public injunctive relief and a court determines that the restrictions prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim (and that determination becomes final after all appeals have been exhausted), the claim for public injunctive relief will be determined in court and any individual claims will be arbitrated. In such a case, the court shall stay the claim for public injunctive relief until the arbitration pertaining to individual relief has been entered in court. In no event will a claim for public injunctive relief be arbitrated. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration and class action waiver provisions are for the court to decide. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration. If the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), SFDM will have the right to recover its attorneys’ fees and expenses. This arbitration provision shall survive termination of these Terms or the Service. You can obtain AAA procedures, rules, and fee information as follows: AAA: 800.778.7879 and http://www.adr.org.
  1. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 7(A)) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES — OR IT WILL BE FOREVER BARRED. Commencing means, as applicable: (a) by delivery of written notice as set forth above in Section 7(A); (b) filing for arbitration as set forth in Section 7(B); or (c) filing an action in state or Federal Court in Harris County, Texas, where permitted by this Agreement.
  2. Injunctive Relief. The foregoing provisions of this Section 7 will not apply to any legal action taken by SFDM to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Service, any Material, your User Content and/or SFDM’s intellectual property rights (including any that SFDM may claim are in dispute), SFDM’s operations, and/or SFDM’s products or services.
  3. No Class Action Matters. YOU AND SFDM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section 7(B) to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 7(G). Notwithstanding any other provision of this Section 7, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this “No Class Action Matters” Section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
  4. Jurisdictional Issues. Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may only be instituted in state of federal courts in Harris County, Texas. Accordingly, you consent to the exclusive personal jurisdiction and venue of such courts for such matters.
  1. Trademarks and Copyrights.

This Service (including past, present, and future versions), including any content and materials incorporated by SFDM on this Service (“Material“) are protected by copyrights, trade secrets or other proprietary rights (“Copyrights“). Some of the characters, logos, or other images incorporated by SFDM on this Service are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by SFDM or others (“Trademarks“). All right, title, and interest in and to the Material available via the Service is the property of SFDM or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. SFDM respects the intellectual property rights of others and asks users of this Service to do the same.

When using the Service, you must respect the intellectual property and other rights of SFDM and others. Your unauthorized use of Material may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Service, then please see Section 15 below.

SFDM and its affiliates have a no-tolerance policy regarding the use of our Material, including our Trademarks or names in metatags and/or hidden text. Specifically, the use of our Trademarks in metatag keywords is trademark infringement, and the use of Trademarks in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any page on this Service is prohibited absent express written permission from SFDM. Framing, inline linking or other association of this Service or its or its suppliers’ software or HTML code, scripts, text, artwork, photographs, images, video, and audio with links, advertisements and/or other information not originating from the Service is expressly prohibited.

  1. Your Use of Material.

Your right to make use of this Service and any Material appearing on it is subject to your compliance with these Terms. Modification or use of the Material on this Service for any purpose not permitted by these Terms may be a violation of the Copyrights and/or Trademarks protected by law and these Terms and is prohibited.

Subject to your strict compliance with these Terms and any Additional Terms, you may access and display Material and all other content displayed on this Service for non-commercial, personal, entertainment use on a computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device“) and SFDM grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (temporary storage only), display, view, use, play, and/or print one copy of the Material (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal Device for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Material, and (ii) may be immediately suspended or terminated for any reason, in SFDM’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Material, subject to certain Additional Terms. The Material and all other content on this Service may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used in any way unless specifically authorized by SFDM. Any authorization to copy Material granted by SFDM in any part of this Service for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single device only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Service into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

  1. Forums.

THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, COMMENT SECTIONS, COMMUNITY PAGES, OR OTHER FORUMS ON THIS SERVICE (“FORUMS“) ARE NOT NECESSARILY THOSE OF THE SFDM GROUP OR CONTENT PROVIDERS. SFDM DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF SFDM. SFDM MAY REMOVE OR MODIFY ANY MATERIAL WITHOUT NOTICE OR LIABILITY AT ANY TIME IN SFDM’S SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT IN THESE TERMS.

  1. Submissions, Postings, and Emails.

We do not seek any unsolicited ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials“). Any Unsolicited Ideas and Materials you post on or send to us via the Service are deemed User Content and licensed to us as set forth in Section 14 below. In addition, SFDM retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. SFDM’s receipt of your Unsolicited Ideas and Materials is not an admission by SFDM of their novelty, priority, or originality, and it does not impair SFDM’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

Except as otherwise described in any Additional Terms, you agree that: (a) your submissions will be treated as non-confidential — regardless of whether you mark them “confidential,” “proprietary,” or the like — and will not be returned; and (b) SFDM does not assume any obligation of any kind to you or any third party with respect to your submissions. Upon SFDM’s request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms or any Additional Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of may not be secure, and you will consider this before submitting any content and do so at your own risk.

  1. Invited Submissions.

From time to time, areas on this Service may expressly request submissions of concepts, stories, or other potential content from you (“Invited Submissions“). Where this is the case, please carefully read any specific rules or other Additional Terms which appear elsewhere on this Service to govern those submissions, as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to the Service.

  1. Our Use of Content.

SFDM will consider anything you provide to SFDM and/or contribute to this Service as available for our use free of any obligations to you (including any payment), except where Invited Submissions are expressly governed by Additional Terms appearing elsewhere on this Service (see Submissions, Postings and Emails above), in which event those Additional Terms will determine how we will treat your Invited Submissions. Under no circumstances will we pay you for the use of your ideas or submissions.

  1. User Content.

Reviews, responses, profile entries, posts, or questions may not be able to be deleted once uploaded. For some of our features, other members may be able to request email notifications of your new public content or publish their own comments to your comments. We may use this public content to develop aggregate ratings, personalize site views, market products, or identify or feature popular members. By posting or uploading any content to this Service, including posts, responses, and/or providing any communication or material to SFDM (“User Content“), you automatically and irrevocably:

  1. Retain ownership of your User Content, and grant to SFDM an irrevocable, royalty-free, perpetual, non-exclusive, unrestricted, worldwide right and license to any and all rights in the User Content, including, without limitation, all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing, and/or other exploitation by SFDM and/or by any person authorized by SFDM, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;
  2. Waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;
  3. Appoint SFDM as your agent with full power to enter into any document and/or do any act SFDM may consider appropriate to confirm the grant and assignment, consent and waiver set out above;
  4. Warrant that you are the owner of the User Content and entitled to enter into these Terms; and
  5. Confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that SFDM shall not be liable for any use or disclosure of such User Content.

In order to further effect the rights and license that you grant to SFDM to your User Content, you also hereby grant to SFDM, and agree to grant to SFDM, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.

You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 14. Each time you submit any User Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside or are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Content you submit, and that, as to that User Content: (a) you are the sole author and owner of the intellectual property and other rights to the User Content, or you have a lawful right to submit the User Content and grant SFDM the rights to it that you are granting by these Terms and any Additional Terms, all without any SFDM obligation to obtain consent of any third party and without creating any obligation or liability of SFDM; (b) the User Content is accurate; (c) the User Content does not and, as to SFDM’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the User Content will not violate these Terms (including the House Rules) or any Additional Terms, or cause injury or harm to any person.

  1. Claims of Infringement.

If you believe that your intellectual property has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice using the contact information in Section 29 below that includes all of the following:

  1. a legend or subject line that says: “Intellectual Property Infringement Notice”;
  2. a description of the intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL or page of the Service on which the material appears);
  4. your full name, address, telephone number and email address;
  5. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the owner of the intellectual property at issue (or, if you are not the owner, then your statement must indicate that you are authorized to act on the behalf of the owner of the intellectual property that is allegedly infringed); and
  7. your electronic or physical signature.

We will act on such notices in our sole discretion. Any user of the Service that fails to respond satisfactorily to SFDM with regard to any such notice is subject to suspension or termination. We may send the information that you provide in your notice to the person who provided the allegedly infringing material.

  1. Typographical Errors.

We do our best to describe every product or service offered on this Service as accurately as possible. However, we are human, and therefore we do not warrant that content on the Service is complete, accurate, reliable, current, or error-free.

  1. Seller; Risk of Loss of Goods Purchased.

SFDM is or may be the seller of various goods and services on the Service. All items purchased from the Service are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.

  1. Responsible Use of the Service.

Please act responsibly when using this Service. You may only use this Service and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing, or transmitting any unlawful material, impersonations and other scams through this Service. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third-party claims that material you have contributed to the Service is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through this Service are the sole responsibility of the sender, not SFDM, and that you are responsible for all material you upload, publicly post or otherwise transmit to or through this Service.

Further, you agree that you will not: (i) use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Trademarks; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, bullying, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to SFDM; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Service source or object code or any software or other products, services, or processes accessible through any portion of the Service; (v) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, SFDM, or other users of the Service; (vi) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Material, or the User Content; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; (ix) submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs, or other items of a destructive nature; (x) manipulate identifiers, including by forging headers, in order to disguise the origin of any User Material that you submit; (xi) “frame” or “mirror” any part of the Service; (xii) remove any copyright, trademark, or other proprietary rights notices contained on the Service; (xiii) use any computer program, bot, robot, spider, offline reader, site search/retrieval application, or other manual or automatic device, tool, or process to retrieve, index, data mine, or in any way reproduce or circumvent the security structure, navigational structure, or presentation of the Material or the Service. Operators of public search engines may use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past; (xiv) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; or (xv) otherwise violate these Terms or any Additional Terms.

  1. House Rules.

Our House Rules: We welcome diverse opinions and look for provocative comments; however, we require respectful language. No obscenities directed at individuals and no bullying. Be kind and respectful of the SFDM community.

As a user of the Service, you agree to abide by the following House Rules which are here to help you understand the conduct that is expected of SFDM users who participate in Forums, including any social networking opportunities on the Service. In addition to the House Rules, we ask that your User Content relate to the content on the Service and should be intended to add to the discussion and community on the Service. It should not include irrelevant topics or postings. Your participation in the Forums is subject to the Terms, including the Responsible Use of the Service, House Rules and any Additional Terms. We reserve the right, in our sole discretion, to monitor and screen all User Content submitted to the Service and may bar the posting or remove any User Content that, in our sole discretion, violates these Terms, including the House Rules or any Additional Terms, or that we otherwise find objectionable.

  1. Release.

If you have a dispute with one or more users (including merchants), you release the SFDM Group (and our parent companies, affiliates and subsidiaries, and their respective owners, members, officers, directors, employees, and agents) from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes). In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

  1. Indemnity.

You agree to, and you hereby, defend, indemnify, and hold the SFDM Group (and our parent companies, affiliates and subsidiaries, and their respective owners, members, officers, directors, employees, and agents) harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against the SFDM Group, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your User Content; (ii) your use of the Service and your activities in connection with the Service; (iii) your breach or alleged breach of these Terms or any Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) the SFDM Group’s use of the information that you submit to us (including your User Content) (all of the foregoing, “Claims and Losses“). You will cooperate as fully required by the SFDM Group in the defense of any Claims and Losses. Notwithstanding the foregoing, the SFDM Group retains the exclusive right to settle, compromise, and pay any and all Claims and Losses. The SFDM Group reserves the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of the SFDM Group.

  1. Violation of Security Systems.

You are prohibited from using any services or facilities provided in connection with this Service to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, SFDM reserves the right to release your details to system administrators at other sites, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.

  1. Investigations.

SFDM reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any submission, posting or emails you make or send to any Forum. SFDM may seek to gather information from the user who is suspected of violating these Terms and from any other user. SFDM may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If SFDM believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting or emails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate. SFDM will fully cooperate with any law enforcement authorities or court order requesting or directing SFDM to disclose the identity of anyone posting any emails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THESE TERMS, YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF THE SFDM GROUP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE SFDM GROUP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER A MEMBER OF THE SFDM GROUP OR LAW ENFORCEMENT AUTHORITIES.

  1. Reservation of Rights.

SFDM reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Service and/or any software, facilities, and services on this Service, with or without notice and/or to establish general guidelines and limitations on their use.

  1. Local Regulations.

SFDM makes no representation that Materials or other content on the Service are appropriate or available for use outside the United States, its territories, possessions, and protectorates. If you choose to access the Service from other locations, you do so on your own initiative and at your own risk.

You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

  1. Third-Party Sites.

This Service may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of SFDM, and you acknowledge that (whether or not such sites are affiliated in any way with SFDM) SFDM is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link on this Service does not imply endorsement of any site by SFDM or any association with its operators.

SFDM cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from SFDM since the third-party sites are owned and operated by independent retailers. SFDM does not endorse any of the merchandise, nor has SFDM taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites. SFDM does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third-parties.

  1. Choice of Law.

These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Texas, as they are applied to agreements entered into and to be performed entirely within Texas.

  1. Notice for California Users.

Under California Civil Code Section 1789.3, California users of the Service are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.  SFD Media LLC may be contacted at the address or email in Section 29 below, or by phone at (202)309-9692. 

  1. How to Contact Us.

This Service is controlled and operated by SFD Media LLC located at 10825 Smithdale Rd Houston TX 77024. Please forward any comments or complaints, questions regarding privacy, and other matters about the Service to [email protected].

As permitted by applicable law, when you communicate with us electronically, such as via email and text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

  1. General.

If any provision of these Terms are adjudged, by written decision, to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. These Terms and any Additional Terms are the entire agreement between you and SFDM relating to the matters contained here and the Service. SFDM may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of SFDM. Except as expressly set forth in these Terms or any Additional Terms: (i) no failure or delay by you or SFDM in exercising any of rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced. For avoidance of doubt, nothing herein shall be construed to restrict SFDM’s right to amend these Terms or any Additional Terms as otherwise permitted in those agreements.