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A. INTRODUCTION.
Welcome to the blue danube quilt Web site. Blue danube quilt makes available a
variety of resources (collectively the “Services”) through this site. These
Services are subject to the following terms and conditions (“Terms and
Conditions”), which are legal obligations. The Services include any updates, new
features, enhancements and the addition of new Web properties. Blue danube quilt does not
discriminate on the basis of race, ethnicity, national origin, age, gender,
religion, sexual orientation or any other protected status.
B. ACCEPTANCE OF TERMS AND CONDITIONS.
By using the Services, you agree to be bound by, and to comply with, these Terms
and Conditions and any other rules or guidelines which we may implement for any
individual Web site or Service. Blue danube quilt reserves the right to update
these Terms and Conditions at any time without notice to you. You may review the
most current version of the Terms and Conditions by clicking the hypertext link
located at the bottom of our Web pages.
C. CONDITIONS AND RESTRICTIONS ON USE.
If you fail to comply with the Terms and Conditions, or if you engage in any of
the following activities, Blue danube quilt may terminate your use of the
Services: (a) using the Services for any unlawful purpose; (b) using the
Services for any purpose prohibited by the Terms and Conditions; (c) engaging in
any conduct that blue danube quilt, in its sole discretion, believes is or may be
harmful to another user or to any other party, directly or indirectly; (d)
violating any foreign, federal, state or local law or regulation; (e) using the
Services in a manner that could impair, disable, overburden or damage any blue
danube quilt server, or the network(s) connected to any blue danube quilt server, or
interfere with any other party’s use and enjoyment of any Services; (f)
attempting to gain unauthorized access to any Services, other accounts, computer
systems or networks connected to any blue danube quilt server or to any of the
Services, through hacking, password mining or any other means. In addition, blue
danube quilt may terminate any user’s access for any reason or no reason at all
in its sole discretion, with or without prior notice.
D. USE OF SERVICES.
The Services are for your personal use, only, except where otherwise expressly
provided. The products, services, software and information obtained from the
Services may not be re-sold, transferred, licensed, reproduced, displayed,
published, distributed, copied, performed or modified by you, or used to create
derivative works.
You agree to use the Services only to post, send and receive messages and
material that are proper and, when applicable, related to the particular
Service. As examples of improper use, you agree not to:
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a. Harass, stalk, defame, abuse, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity) of
others. |
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b. Post, upload or disseminate any obscene, indecent,
profane, defamatory or other inappropriate or illegal material. |
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c. Use the Services in connection with surveys, contests,
raffles, games, “pyramid schemes,” chain letters, junk email, spamming or
any duplicative or unsolicited messages. |
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d. Collect or store personally identifying information
about other users for commercial or unlawful purposes. |
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e. Make any sexual request on behalf of or to a minor or
harm minors in any other way. |
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f. Impersonate anyone. |
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g. Employ misleading addresses or false information. |
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h. Upload, or otherwise make available, files that contain
images, photographs, software or other material protected by intellectual
property laws, including without 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 approvals. |
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i. Use any material or information, including without
limitation images or photographs, which are made available through the
Services in any manner that infringes anyone’s proprietary right. |
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j. Upload, post, e-mail or otherwise transmit files that
contain so-called viruses, Trojan horses, worms, time bombs, trap doors,
corrupted files, or any other similar software or programs that may damage
the operation of anyone’s computer or property or adversely affect the
quality, performance or functionality of the Services. |
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k. Advertise or offer to sell or buy any goods or services
for any business purpose, unless such Services specifically allow such
messages. |
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l. Inhibit or restrict any other user from using and
enjoying the Services. |
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m. Delete or falsify any copyright 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. |
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n. Download any file posted by another user of a Service
that you know, or reasonably should know, may not be legally reproduced,
displayed, performed, or distributed in such manner. |
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o. Violate any code of conduct or other guidelines which
may apply to any particular Service. |
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p. Collect information about others, including e-mail
addresses. |
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q. Violate any applicable laws or regulations, including
without limitation regulations promulgated by the U.S. Securities and
Exchange Commission, and rules of any national or regional securities
exchange. |
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r. Use, download or otherwise copy, or provide (whether or
not for a fee) to anyone any directory of users of the Services or other
user or usage information. |
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s. Decompile, disassemble, modify, translate, adapt,
reverse engineer, create derivative works from or sublicense any software
employed in connection with Services. |
Blue danube quilt is not required to monitor the Services.
However, blue danube quilt reserves the right to review and remove materials posted to
the Services in its sole discretion.
In its sole discretion, blue danube quilt may disclose any information it deems
necessary or appropriate to satisfy any applicable law, regulation, legal
process or governmental request, or refuse to post, remove or edit any
materials, in whole or in part.
E. DOCUMENTS AVAILABLE ON THIS WEB SITE.
Blue danube quilt grants you permission to use documents (such as white papers, press
releases and FAQs) from the Services (“Documents”), provided that (1) the
copyright notice shown below appears in all copies and that both the copyright
notice and this permission notice appear, (2) no modifications of any Documents
are made and (3) use of such Documents from the Services is for informational
and non-commercial or personal use only and will not be copied or posted on any
network computer or broadcast in any media. Accredited educational institutions
may download and reproduce the Documents for distribution in the classroom, but
distribution outside the classroom requires prior written permission. Use for
any other purpose is expressly prohibited by law, and may result in severe civil
and criminal penalties. Violators will be prosecuted to the maximum extent
possible.
Blue danube quilt AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS
PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND
RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
Blue danube quilt
AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO
THIS INFORMATION, INCLUDING WITHOUT LIMITATION ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT OR
ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED
OR STATUTORY.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES MAY INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. Blue danube quilt AND/OR ITS
RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCTS
INFORMATION OR THE PROGRAMS DESCRIBED HEREIN AT ANY TIME.
Documents specified above do not include the design or layout of Blue danube
quilt.com web site, or any other blue danube quilt owned, operated, licensed or
controlled site. Elements of blue danube quilt Web sites are protected by trade dress,
trademark, unfair competition, and other laws and may not be copied or imitated
in whole or in part. No logo, graphic, sound or image from any blue danube quilt Web
site may be copied or retransmitted unless expressly permitted by blue danube
quilt.
F. MATERIALS PROVIDED TO blue danube quilt OR POSTED AT
ANY blue danube quilt WEB SITE.
Blue danube quilt does not claim ownership of the materials you provide to blue
danube quilt
or post, upload, input or submit to any Services for review by anyone (each a
"Submission" and collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting ("Posting") your Submission you are granting
blue danube quilt, its affiliated companies and necessary sublicensees permission to
use your Submission in connection with the operation of their Internet
businesses (including without limitation all Services), including without
limitation the license rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Submission; to
publish your name in connection with your Submission; and to sublicense such
rights to any supplier of the Services.
By Posting a Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission, including without limitation all
rights necessary for you to provide, post, upload, input or submit the
Submissions.
No compensation will be paid with respect to the use of your Submission, as
provided herein. blue danube quilt is under no obligation to post or use any
Submission you may provide, and blue danube quilt may remove any Submission at any
time in its sole discretion.
In addition, by Posting a Submission that contains images, photographs, pictures
or that is otherwise graphical in whole or in part ("Images"), you warrant and
represent that (a) you are the copyright owner of such Images, or the copyright
owner has granted you permission to use such Images or any content and/or images
contained in such Images consistent with the manner and purpose of your use and
as otherwise permitted by these Terms and Conditions and the Services, (b) you
have the rights necessary to grant the licenses and sublicenses described in
these Terms and Conditions, and (c) any person depicted in such Images has
provided consent to the use of the Images as set forth in these Terms and
Conditions, including without limitation the distribution, public display and
reproduction of such Images. By Posting Images, you are granting (a) to all
members of your private community (for each such Image available to members of
such private community), and (b) to the general public (for each such Image
available anywhere on the Services, other than a private community), permission
to use your Images in connection with the use, as permitted by these Terms and
Conditions, of any of the Services, and including without limitation a
non-exclusive, world-wide, royalty-free license to copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat your
Images without having your name attached to such Images, and the right to
sublicense such rights to any supplier of the Services. The licenses granted in
the preceding sentences for Images will end when you completely remove such
Images from the Services, provided that, such termination shall not affect any
licenses granted in connection with such Images prior to the time you completely
remove such Images. No compensation will be paid with respect to the use of your
Images.
G. UNSOLICITED IDEA SUBMISSION POLICY.
Blue danube quilt does not accept or consider unsolicited ideas or work, including
without limitation ideas for new promotions, new products or technologies. To
avoid potential misunderstandings or disputes when blue danube quilt’s products or
marketing strategies might seem similar to ideas submitted to blue danube quilt,
please do not send your unsolicited ideas to blue danube quilt or anyone at blue
danube quilt. If, despite our request, you still send them, please understand that
your ideas and materials will not be treated as confidential or proprietary, and
we will have no obligations to you with respect to such ideas or materials or
their disposition.
H. LINKS TO THIRD PARTY SITES.
The links in this area will let you leave blue danube quilt’s site. Blue danube
quilt is
providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by blue danube quilt of the site. The linked sites are
not under blue danube quilt’s control, and blue danube quilt is not responsible for the
content of any linked site or any link contained in a linked site, or any
changes or updates to such sites. blue danube quilt is not responsible for webcasting
or any other form of transmission received from any linked site.
I. INDEMNITY AND RELEASE.
By using the Services, you agree to indemnify and defend blue danube quilt and its
affiliates, owners, officers, directors and employees and hold them harmless
from and against any and all claims and expenses, including reasonable
attorneys’ fees, arising from your use of the Services or from any person’s use
of any account or password you maintain, regardless of whether such use is
authorized by you. Furthermore, by using the Services, you agree to release blue
danube quilt and its affiliates, owners, officers, directors and employees from any
and all claims, demands, debts, obligations, damages, costs and expenses of any
kind or nature whatsoever, whether known or unknown, suspected or unsuspected,
disclosed or undisclosed, that you may have against them arising out of or in
any way related to your use of the Services. YOU HEREBY AGREE TO WAIVE
ALL LAWS WHICH MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU
SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CODE SECTION 1542,
WHICH PROVIDES:
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“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.” |
J. MISCELLANEOUS.
These Terms and Conditions will be governed by and construed in accordance with
the laws of Massachusetts without regard to its conflict of laws principles. The
failure of blue danube quilt at any time to require performance of any provision
hereof shall in no manner affect its right at a later time to enforce the same
or any other term hereof. These Terms and Conditions may be amended only by blue
danube quilt. In the event of a breach or threatened breach of these Terms and
Conditions, blue danube quilt shall have all applicable equitable as well as legal
remedies.
K. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
blue danube quilt OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT,
INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT
LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE THE
SERVICES, EVEN IF blue danube quilt HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN ANY CASE, blue danube quilt'S ENTIRE LIABILITY UNDER ANY PROVISION OF
THESE TERMS AND CONDITIONS SHALL BE LIMITED TO U.S.$50.00. Because some
states and jurisdictions do not allow the exclusion or limitation of liability,
the above limitation may not apply to you. In such states and jurisdictions,
blue danube quilt's liability shall be limited to the greatest extent permitted by
law.
L. COPYRIGHT NOTICE.
Copyright © 2005 blue danube quilt & nora falk, Marblehead, MA 01945, USA. All
rights reserved.
Any rights not expressly granted herein are reserved.
Send your questions to
nora@bluedanubequilt.com
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