Privacy Policy and Third Party Disclosures

Neopoet uses Google and DoubleClick to manage the display advertisements that appear on Neopoet. You can find useful information about their practices at http://www.google.com/intl/en/privacy/ads/

Neopoet uses Google Wallet to process certain payments. You can find useful information about their practices at https://checkout.google.com/files/privacy.html

Neopoet uses Google Analytics to help understand how our visitors and members engage on our website. Google Analytics collects information anonymously. You can find useful information about their practices at http://www.google.com/intl/en/analytics/privacyoverview.html

Neopoet uses Mollom during the account creation process for fraud prevention and to try to prevent spammers from accessing Neopoet. You can find useful information about their practices at http://mollom.com/web-service-privacy-policy

Additionally, Neopoet may provide information to vendors for the purpose of fraud prevention, model building, and segment analysis. We will do this only on the condition that these vendors 1) agree to never sell, rent, lease, or reveal this information and 2) agree never to send unsolicited email or other communications to our members based on confidential information that we share.

Neopoet formerly used PayPal for payment processing, and still uses PayPal for some recurring transactions. Their policies govern these interactions.

You may see links to third-party websites on Neopoet. Neopoet does not control these sites and makes no representation about their practices.

Terms of Use Agreement

Definitions. “We”, “us”, and “our” collectively refers to the partnership that owns and operates Neopoet.com, formed as “Neopoet Partnership”
“Service(s)” or "this site" refers to the resources on Neopoet and any other related websites that are operated by us.
You must accept these terms to use this site. The services that we provide are subject to these Terms of Use (“TOU”). The most current version of the TOU can be reviewed by clicking the “Terms of Use” hyperlink at the bottom of our webpages or by visiting http://neopoet.com/terms. This serves as notice that you must accept this TOU agreement to use our services.
You must be of age to use this site. You must 18 years of age, as measured from specific day of birth, to use this site and our services. In the United States, if you are older than 13 but under 18, you may use this website only if you have parental permission. However, we reserve to the right to restrict access to those under the age of 18 without notice and without giving reason. If, in your country, the age of majority is older than 18, you must be the age of majority in your country to use this site. In "your country" is defined as the country in which you have citizenship or residence, or the country that has legal jurisdiction over your actions. "Age of majority" is defined as the age that a person must be in your country to enter into legal contracts.
You must use our services only for personal and non-commercial use. Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services. However, nothing in the paragraph above shall reduce or infringe on your personal right to the full and complete copyright of your work, and all rights associated with holding copyright to your own work. "Your work" is defined as the original work that is authored by you and submitted to this site. This includes works of poetry, short stories, blog entries, comments, and private messages.
You cannot use our services for unlawful or prohibited purposes or uses. As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any of our servers, or the network(s) connected to any of our servers, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any of our servers or to any of the Services, through hacking, password mining or any other means. If you believe you have been given, in error, an ability to access any area of the site that normally would be off limits to members, you agree that you will not use these rights and that you will use all available means to contact us immediately. These access rights include "administrative rights" or rights to edit membership information, other member's works, or access areas of the site that don't appear to be intended for members. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
You can’t abuse our services. The Services may contain e-mail services, chat areas, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others. You agree to use these services only to post, send and receive messages and material that are proper. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
Use the service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless you gain an exemption in writing from an authorized Neopoet Spokesperson.
Download any file posted by another user of a service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Services.
Falsely report e-mail messages or newsletters that you signed up for as "spam". If you are receiving too much e-mail from us, please follow the instructions (at the bottom of every e-mail) to unsubscribe. You may also contact the technology team directly.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of intentionally misleading others. However, creating a pen name for anonymity is an acceptable use as long as you (A) do not have any other pen name on the site that you are actively using, (B) are not intentionally misrepresenting yourself, and (C) make clear to those that inquire that you are using a pen name for the purpose of anonymity.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
We have no obligation to monitor the services. However, we reserve the right to review materials posted to the Services and to remove any materials in its sole discretion. We reserve the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever.

We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

You should be careful when conducting yourself on the public Internet. Always use caution when giving out any personally identifiable information about yourself in any services. We do not control or endorse the content, messages or information found in any Services and, therefore, we specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Services.

Only the official spokesperson is designated to speak on behalf of Neopoet. Only the official spokeperson, currently the user with the pen name “Andrew”, can speak on behalf of Neopoet. Hosts, Advocates, Moderators, Trustees and other users with these types of designations are not authorized Neopoet spokespersons, and their views do not necessarily reflect those of Neopoet.

We don’t claim copyright on member works, but you give us the right to display submitted work on Neopoet Services, until and unless you delete the work or otherwise contact us to remove the work.

REFUND/CANCELATION POLICY:

We will offer refunds on physical merchandise within 30 days of shipment, however this is subject to the condition that the merchandise is shown to be defective.

We will offer refunds on digital subscriptions within 30 days of purchase at the buyer's request. Refunds will be made only to the original payment method. We, at our discretion, offer refunds after that date.

TRADEMARK RIGHTS. "Neopoet" is a registered trademark with the U.S. Patent & Trademark office.

Any rights not expressly granted herein are reserved. We may change these TOU without notice – however the latest notice is always posted on the TOU section.

ADVERTISING. We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.

SEVERABILITY. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

Jurisdiction. The Terms, and your relationship with Neopoet under the Terms, shall be governed by the laws of the State of New York without regard to its conflict of laws provisions. You and Neopoet agree to submit to the exclusive jurisdiction of the courts located within the county of Nassau, New York to resolve any legal matter arising from the Terms. You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. Notwithstanding this, you agree that Neopoet shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Procedure for making a copyright claim. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent Certified mail, return receipt requested to Neopoet, 3926 Bell Boulevard, 2nd Floor, Bayside, NY 11361-2061, ATTN: COPYRIGHT ENFORCEMENT.

Last modified August 6, 2012 (changed address)