celebrate365™
a journal for the ornament enthusiastGlass Links User Agreement
USER AGREEMENT
By voluntarily subscribing to the Glass Links Discussion List, the user agrees to abide by the following guidelines:
Celebrate365, LLC provides the Celebrate365™ Web site and the Glass Links Discussion List (collectively the "Site") to you subject to your agreement to comply with the following terms of use. Your use of the Site and membership with the Glass Links Discussion List will constitute your acceptance of the following terms of use.
1) Use of the Site
A. Site Security. You are prohibited from violating, or attempting to violate, the security of the Site. Any such violations may result in criminal and civil liabilities to you. I will investigate any alleged violations, and, if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the Site include, without limitation, the following:
* Logging into or attempting to log into a server or account that you are not authorized to access;
* Accessing data or taking any action to obtain services not intended for you or your use;
* Tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures without proper authorization;
* Transmitting material that contains viruses, worms or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the Site;
* Interfering with, intercepting or expropriating any data or information; or
* Interfering with service to any user, host, or network.
B. "Spam" and Similar Actions. You are prohibited from transmitting the same or similar unsolicited e-mail messages, bulk commercial advertising, or chain letters to one or more e-mail groups (which are two or more e-mail addresses aggregated as a single e-mail addressee).
C. Infringement. You are prohibited from using the Site to infringe on any person's copyright, trademark or other intellectual property rights. I may terminate your right to access the Site if I believe you are using the Site in an infringing manner. You may be ordered by a court to pay money damages to us and to the rightful owner of any intellectual property rights you violate.
D. Other Prohibited Actions. In using the Site or its services, you must not:
* Post, e-mail, or otherwise transmit or use the Site in furtherance of any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of another person's privacy or other rights, or any material that I, in my sole discretion does not wish posted or transmitted on the Site;
* Continue to send e-mail to a recipient who has indicated that he/she does not wish to receive a communication from you;
* Engage in and/or encourage conduct that would: 1) violate any applicable law or regulation or 2) give rise to civil liability;
* Impersonate any individual or entity, falsely state or otherwise misrepresent your identity or affiliation in any way, or forge, delete or alter any part of TCP/IP packet header information in any e-mail or other posting;
* Engage in deceptive online marketing; or
* Assist or permit any persons in engaging in any of the activities described above.
E. Your Content. You must exercise caution, good sense and proper judgment in using the Site. You are responsible for any material you place on or transmit to or through the Site. You agree, represent and warrant that any information you post to or transmit through the Site is truthful, accurate, not misleading and offered in good faith, and that you have the right to post or transmit such information. Such information whether publicly posted or privately transmitted, is your sole responsibility.
F. You agree that use of any information obtained via the Site or its services is at your own risk.
G. Consequences of Unacceptable Use. I reserve the right (but not the obligation) in my sole discretion to refuse or delete any of your content as well as suspend or terminate without notice your access to the Site upon a violation or attempted violation of this Agreement. Indirect or attempted violations of this Agreement by a third party acting on your behalf shall be deemed violations by you of this Agreement.
H. No Licensing. By your use of the Site you receive no license, express or implied, under any patent rights or trade secret rights now or hereafter, owned, controlled or possessed by Celebrate365, LLC.I. Linking. You may not link to this site without prior written permission from me. You may download and print one copy of content on this Site for your personal non-commercial use. Other than as specifically set out in this paragraph you may not copy, distribute, broadcast, alter or tamper with in any way any portion of this Site.
2) Trademark
The Celebrate365 logo is a trademark of Celebrate365, LLC.
3) No Warranty
This Site is provided "As Is" and without warranties of any kind, whether express or implied, to the fullest extent permissible pursuant to applicable law, I disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. I do not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. I do not make any warranties or representations regarding the use of contents of this Site in terms of its correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some jurisdictions do not allow exclusion of implied warranties, so the above limitations and exclusions may not apply to you.
4) Limitation of Liability
Celebrate365, LLC shall not be liable to you or any other party for any compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, the Site or the contents on this Site or the performance of the Site or products or services described on this Site, even if I have been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If you are dissatisfied with any portion of the Site or services or with any of these terms, your sole and exclusive remedy is to discontinue using the Site and the services.
5) Release.
Because this Site is a venue for glass ornament collectors, in the event that you have a dispute with one or more users, you agree to release Celebrate365, LLC (and its managers, employees and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
6) Non-Confidentiality of User Materials
You are not to transmit any material to or through this Site that you consider to be confidential or proprietary. Any material which you transmit to or through this Site will be considered non-confidential and non-proprietary. You give me an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information.
7) Use of Third Party Web sites
As a convenience, Celebrate365, LLC may provide links to Web sites operated by third parties. If you decide to access a third party's Web site through a link provided by this Site, you do this at your sole risk. Celebrate365, LLC will not be responsible for any viruses or other damaging elements encountered in linking to a third party Web site. Celebrate365, LLC makes no warranty or representation regarding and if not responsible for the linked Web sites or the content of such Web sites.
8) User Communications Areas
The Site contains areas where users communicate with each other, including but not limited to bulletin boards, group e-mail distribution, chat areas, or personal web pages.
Celebrate365, LLC has the right but not the obligation to monitor or review any part of the Site including the user communication areas. However, it shall have no liability related to the content of any communications made in these areas.
Celebrate365, LLC has the right, in its sole discretion and for any reason, to terminate a user's access to its bulletin boards, group e-mail distribution, chat areas or other group user communications areas.
9) Information Control.
We do not control the information provided by other users that is made available through the Site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. By using this Site, you agree to accept such risks and Celebrate365, LLC (and its managers, employees and affiliates) is not responsible for the acts or omissions of users on the Site.
10) Indemnity of Celebrate365, LLC and its affiliates
You agree to indemnify, hold harmless, and defend Celebrate365, LLC, as well its employees or agents, from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys' fees, to the extent that such action is based upon, arises out of, or relates to your violation, or violation by any other person using your password or account, of the terms and conditions of this Agreement.
11) Applicable Law and Dispute Resolution
This Agreement shall be governed by the internal substantive laws of the State of Ohio (without giving effect to its principles of conflict of laws). Where federal jurisdiction exists over any action, suit or proceeding arising out of or in any way connected with this Agreement, you and Celebrate365, LLC designate the United States District Court for Ohio for the exclusive resolution of that dispute and submit to the jurisdiction of that court. Where federal jurisdiction does not exist over that action, suit or proceeding, you and Celebrate365, LLC designate the appropriate Ohio state court located in Miami county, for the exclusive resolution of that dispute and submit to the jurisdiction of that court.
