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This privacy policy, and terms of use, applies to a wide
range of sites owned and operated by The Web Mill and Garnet Chaney.
Privacy
Policy
What information do we collect?
We collect information from you when you register on our site, place an
order, subscribe to our newsletter, respond to a survey or fill out a
form.
When ordering or registering on our site, as appropriate, you may be
asked to enter your: name, e-mail address, mailing address or phone number.
You may, however, visit our site anonymously.
Google, as a third party vendor, uses cookies to serve ads on your site.
Google's use of the DART cookie enables it to serve ads to your users based
on their visit to your sites and other sites on the Internet. Users may opt
out of the use of the DART cookie by visiting the Google ad and content
network privacy policy..
What do we use your information for?
Any of the information we collect from you may be used in one of the
following ways:
. To personalize your experience
(your information helps us to better respond to your individual needs)
. To improve our website
(we continually strive to improve our website offerings based on the
information and feedback we receive from you)
. To improve customer service
(your information helps us to more effectively respond to your customer
service requests and support needs)
. To process transactions
Your information, whether public or private, will not be sold, exchanged,
transferred, or given to any other company for any reason whatsoever,
without your consent, other than for the express purpose of delivering the
purchased product or service requested.
. To administer a contest, promotion, survey or other site feature
. To send periodic emails
The email address you provide may be used to send you information,
respond to inquiries, and/or other requests or questions.
How do we protect your information?
We implement a variety of security measures to maintain the safety of
your personal information when you place an order or enter, submit, or
access your personal information.
We offer the use of a secure server. All supplied sensitive/credit
information is transmitted via Secure Socket Layer (SSL) technology and then
encrypted into our Database to be only accessed by those authorized with
special access rights to our systems, and are required to?keep the
information confidential.
After a transaction, your private information (credit cards, social
security numbers, financials, etc.) will not be stored on our servers.
Do we use cookies?
Yes (Cookies are small files that a site or its service provider
transfers to your computers hard drive through your Web browser (if you
allow) that enables the sites or service providers systems to recognize your
browser and capture and remember certain information
We use cookies to help us remember and process the items in your shopping
cart, understand and save your preferences for future visits, keep track of
advertisements and compile aggregate data about site traffic and site
interaction so that we can offer better site experiences and tools in the
future. We may contract with third-party service providers to assist us in
better understanding our site visitors. These service providers are not
permitted to use the information collected on our behalf except to help us
conduct and improve our business.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your
personally identifiable information. This does not include trusted third
parties who assist us in operating our website, conducting our business, or
servicing you, so long as those parties agree to keep this information
confidential. We may also release your information when we believe release
is appropriate to comply with the law, enforce our site policies, or protect
ours or others rights, property, or safety. However, non-personally
identifiable visitor information may be provided to other parties for
marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party
products or services on our website. These third party sites have separate
and independent privacy policies. We therefore have no responsibility or
liability for the content and activities of these linked sites. Nonetheless,
we seek to protect the integrity of our site and welcome any feedback about
these sites.
California Online Privacy Protection Act Compliance
Because we value your privacy we have taken the necessary precautions to
be in compliance with the California Online Privacy Protection Act. We
therefore will not distribute your personal information to outside parties
without your consent.
As part of the California Online Privacy Protection Act, all users of our
site may make any changes to their information at anytime by logging into
the site, clicking their name, and going to the 'Profile' page.
Childrens Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online
Privacy Protection Act), we do not collect any information from anyone under
13 years of age. Our website, products and services are all directed to
people who are at least 13 years old or older.
Online Privacy Policy Only
This online privacy policy applies only to information collected through
our website and not to information collected offline.
Terms and Conditions
Please also visit our Terms and Conditions section establishing the use,
disclaimers, and limitations of liability governing the use of our website
at http://www.bobsgear.com/x/NYB3AQ
Your Consent
By using our site, you consent to our websites
privacy policy and terms of use.
Changes to our Privacy Policy
If we decide to change our privacy policy, we will post those changes on
this page.
This policy was last modified on 2010-09-27
Contacting Us
If there are any questions regarding this privacy policy you may contact
us using the information below.
http://www.webmill.com
530 Alameda Del Prado #301
Novato, CA 94949
USA
Healthbooksoffer.PLEASEDONTSPAHM@NOSPAM.gmail.com
More information about cookies, and opt-out
Third party vendors serve ads on this site, including but not limited to
Google. Amazon.com supplies pictures used for book covers
in affiliate links to Amazon, and they may also use cookies to track your
visit.
- Third party vendors, including Google, use cookies to serve ads
based on a user's prior visits to this website.
- Google's use of the DART cookie enables it and its partners to
serve ads to you based on your visit to this site and/or other
sites on the Internet.
- Users may opt out of the use of the DART cookie by visiting the
advertising opt-out page. (Alternatively, you can
opt out of a third-party vendor's use of cookies by visiting the Network
Advertising Initiative opt-out page.)
If you have not opted out of third-party ad serving, the cookies
of other third-party vendors or ad networks may also be
used to serve ads on this site
- Notify your site visitors of the third-party vendors and ad
networks serving ads on your site.
- Provide links to the appropriate vendor and ad network
websites.
- Inform your users that they may visit those websites to opt out
of cookies (if the vendor or ad network offers this capability). Users can
opt out of some, but not all, of these cookies in one location at the
Network Advertising Initiative opt-out website at www.networkadvertising.org/managing/opt_out.asp.
Please see http://www.networkadvertising.org/managing/faqs.asp
for more information about cookies and web beacons.
Terms of Use
Last updated September 27, 2010. Replaces September 26, 2010 version
in its entirety.
1. Acceptance of Terms.
a. By (i) using this web site or any other web sites (each, a
.Site.) or other online service of Web Mill, its affiliates and agents
(.Web Mill.) with links to these Terms of Use (the .General
Terms.) (collectively, the .Services.) in any way, including
using, transmitting, downloading or uploading any Materials made available
or enabled via the Services by Web Mill or, you, or other users of the
Service (.Users.), or (ii) merely browsing the Services, you agree
that you have read, understand and agree to these General Terms and the Web
Mill Online Privacy Policy at http://www.bobsgear.com/x/NYB3AQ, which is
incorporated herein by reference. .Materials. means any content made
available or enabled by Web Mill, you or other users of the Services and
includes, without limitation, any (x) information, data, documents,
images, photographs, graphics, audio, videos, or webcasts, (y) products,
and (z) Web Mill software code and associated documentation
(.Software.). .Web Mill Materials. means those Materials that
are made available through the Services by Web Mill or its licensors and
specifically do not include Materials made by you or other users of the
Services.
b. You may not use the Services if you are prohibited by Law (as
defined below in Section 2(d)) from receiving or using the Services. Also,
unless expressly stated in the Additional Terms for any given Service, you
may not use the Services unless you are fully able and competent to enter
into the conditions, obligations, representations and other terms of these
General Terms and are either of legal age to form a binding contract with
Web Mill, possess legal parental or guardian consent or are an emancipated
minor. In particular, unless expressly stated in the Additional Terms for
any given Service, you affirm that you are over the age of 13 and
acknowledge that these Services were not intended for children under
13.
c. Web Mill makes certain Services and Materials available only if
you have paid a fee or have provided Web Mill certain Registration
Information (as such term is defined in the Web Mill Online Privacy Policy)
and/or created an Web Mill ID and password or other log-in ID and password
(collectively, .Account Information.). Some Services may also be
subject to a subscription or other agreement, posted guidelines, rules, or
terms of service (.Additional Terms.). If there is any conflict
between the General Terms and the Additional Terms, the Additional Terms
take precedence in relation to that Service. The General Terms and any
applicable Additional Terms and all other documents incorporated by
reference in these General Terms are referred to herein as the
.Terms..
d. Web Mill may change the Terms from time to time at its sole
discretion, including by imposing a charge for access to or use of a
Service. If such changes are made, Web Mill will make a new copy of the
General Terms available at http://www.bobsgear.com/x/NYB3AQ, with any new
Additional Terms made available to you from within or through the affected
Service. Web Mill may require you to provide consent to the updated Terms in
a specified manner before further use of the Services is permitted.
Otherwise, your continued use of any affected Service constitutes your
acceptance of the changes. Your use of the Services is subject to the
most current version of the Terms posted on or through the affected Service
at the time of such use. Please regularly check http://www.bobsgear.com/x/NYB3AQ to view the
then-current General Terms and Addition Terms.
e. Services and Materials provided by third parties are governed
by separate agreements accompanying such Services and Materials.
2. Use of Services and Materials.
a. You agree to adhere to all limitations on dissemination, use and
reproduction of any Materials that you download or access from the
Services.
b. Unless expressly agreed to by Web Mill in writing elsewhere,
Web Mill has no obligation to store any Materials that you upload, post,
email, transmit or otherwise make available through your use of the Services
(.Your Content.). .User Content. means any Materials uploaded
by you or the other users of the Services. Web Mill has no responsibility or
liability for the deletion or accuracy of any Materials, including Your
Content, the failure to store, transmit or receive transmission of
Materials, or the security, privacy, storage or transmission of other
communications originating with or involving use of the Services. Certain
Services may enable you to specify the level at which such Services restrict
access to Your Content. You are solely responsible for applying the
appropriate level of access to Your Content. If you do not choose, the
system may default to its most permissive setting. You agree that Web Mill
retains the right to create reasonable limits on the use of the Materials,
including Your Content, such as limits on file size, storage space,
processing capacity, and similar limits described in the web pages
accompanying the Services and as otherwise determined by Web Mill in its
sole discretion.
c. You agree that your Account Information will always be
complete, accurate and up-to-date. It is your responsibility to keep your
Account Information confidential at all times and you are solely responsible
for all activity that occurs to your Account Information when you are logged
in to your account. If you become aware of any unauthorized use of your
account or Account Information, or any other breach of security, you agree
to notify Web Mill immediately. You may not use another person.s Account
Information. Web Mill may require that you change your Account Information
or certain parts of your Account Information at any time for any reason.
d. You agree to use the Services and the Materials only for
purposes that are permitted by the Terms and any applicable law, regulation,
or generally accepted practices or guidelines in any applicable jurisdiction
(including any laws regarding the export of data or software to and from the
United States or other applicable countries) (.Law.).
e. You agree not to access or attempt to access the Services by
any means other than the interface provided by Web Mill or circumvent any
access or use restrictions put into place to prevent certain uses of the
Services.
3. Ownership.
a. The Services and Web Mill Materials, and their selection and
arrangement, are protected by copyright, trademark, trade dress, patent,
trade secret, unfair competition, and other intellectual and proprietary
rights (the .Intellectual Property Rights.). Except as expressly
provided in the Terms, Web Mill and its suppliers do not grant any express
or implied rights to use the Services and Materials.
b. The trademarks, logos and service marks displayed on the
Services (the .Marks.) are the property of Web Mill or third parties.
You are not permitted to use the Marks without the prior consent of Web Mill
or the third party that may own the Marks. Web Mill and the Web Mill logo
are trademarks of Web Mill Systems Incorporated. For a current list of Web
Mill.s Marks, as well as certain third party Marks, please refer to the
posted trademark information at http://www.bobsgear.com/x/NYB3AQ.
4. Use of Software.
a. Any Software that is made available via the Services is the
property of Web Mill and its suppliers. If the Software made available via
the Services is accompanied by license terms, then use of such Software is
governed by the terms of such license agreement that accompanies or is
included with the Software, or by the license agreement expressly stated on
the hyperlinks referenced in the Software. Some license terms are available
for review http://www.bobsgear.com/x/NYB3AQ. Other license
terms may only be posted with the Software downloads or at the web page
where the Software can be accessed. You shall not use, download or install
any Software that is accompanied by or includes a license agreement unless
you agree to the terms of such license agreement. Unless the accompanying
license agreement expressly allows otherwise, any copying or redistribution
of the Software is prohibited, including any copying or redistribution of
the Software to any other server or location, redistribution or use on a
service bureau basis. If there is any conflict between these Terms and the
license agreement provided with such Software, the license agreement shall
take precedence in relation to that Software; except only that if the
Software is a pre-release version, then, notwithstanding anything to the
contrary included within an accompanying license agreement, you are not
permitted to use or otherwise rely on the Software for any commercial or
production purposes.
b. If no license agreement accompanies the Software, use of the
Software will be governed by the terms of this Section 4(b). Web Mill grants
you a personal, worldwide, freely revocable, limited, non-transferable,
non-sublicensable, royalty-free, non-assignable, nonexclusive license to use
the Software in the manner permitted by the Terms. You agree that you will
not decompile, reverse engineer or otherwise attempt to discover the source
code of the Software. Notwithstanding the foregoing, decompiling the
Software is permitted to the extent the laws of the jurisdiction where you
are located give you the right to do so to obtain information necessary to
render the Software interoperable with other software, provided, however,
that you must first request the information from Web Mill and Web Mill may,
in its discretion, either provide such information to you or impose
reasonable conditions, including reasonable fees, on use of the Software to
ensure that Web Mill.s Intellectual Property Rights in the Software are
protected. You may not assign (or grant a sublicense of) your rights to use
the Software, grant a security interest in or over your rights to use the
Software, or otherwise transfer any part of your rights to use the Software.
For clarity, your use of the Software is also subject to the disclaimers and
limitations in Section 14, below and your compliance with the export control
provisions of Section 18.
c. The Software may automatically download and install updates
from Web Mill from time to time. These updates are designed to improve,
enhance and further develop the Services and may take the form of bug fixes,
enhanced functions, new Software modules and completely new versions. You
agree to receive such updates (and permit Web Mill to deliver these to you
with or without your knowledge) as part of your use of the Services.
5. Use of Web Mill Materials, User Content and Shared Group
Content.
a. Except as expressly indicated to the contrary in any applicable
Additional Terms, Web Mill hereby grants you a nonexclusive, freely
revocable (upon notice from Web Mill), nontransferable, license to view,
download and print Web Mill Materials, subject to the following
conditions:
i. You may access and use the Web Mill Materials solely for personal,
informational, non-commercial and internal purposes, in accordance with the
Terms;
ii. You may not modify or alter the Web Mill Materials;
iii. You may not distribute or sell, rent, lease, license or
otherwise make the Web Mill Materials available to others; and
iv. You may not remove any text, copyright or other proprietary
notices contained in the Web Mill Materials.
b. Some Services involve collaboration and file-sharing services
among other users or a specific group in conjunction with such collaboration
and file-sharing. The User Content that you or other Users share with other
Users through the Services shall be referred to as .Shared Group
Content.. While some Services offer functionality to limit another
User.s use of your Shared Group Content, such limitations are not guaranteed
and it is your sole responsibility to determine what limitations, if any,
are placed on Shared Group Content that you distribute. You agree that Web
Mill has no liability of any kind should other Users use, modify, destroy,
corrupt, copy or distribute your Shared Group Content in violation of the
limitations that you may impose on its use. Further, it is your sole
responsibility to determine what limitations are placed on your use of
another User.s Shared Group Content, including by looking at a given
Service.s functionality and Additional Terms along with any additional
restrictions placed by such User on your use of their Shared Group
Content
d. Software is subject to the additional provisions governing
Software set forth herein.
e. The rights granted to you in Web Mill Materials as specified
above are not applicable to the design, layout or look and feel of the of
any Services. Such elements of the Services are protected by Intellectual
Property Rights and may not be copied or imitated in whole or in part. No
Web Mill Materials may be copied or retransmitted unless expressly permitted
by Web Mill.
6. User Conduct.
a. You agree that you, not Web Mill, are entirely responsible for all
of Your Content that you distribute, perform, display, upload, post, email,
transmit or otherwise make available on or through the Services (.Make
Available.), whether publicly posted or privately transmitted. You
assume all risks associated with use of Your Content, including any reliance
on its accuracy, completeness or usefulness.
b. You represent and warrant that: (i) you own the
Intellectual Property Rights, or have obtained all necessary license(s) and
permission(s), to use Your Content in keeping with your use in connection
with the Services or as otherwise permitted by the Terms; (ii) you have the
rights necessary to grant the license and sublicenses described in the
Terms; and (iii) you have received consent from any and all persons depicted
in Your Content to use Your Content as set forth in the Terms, including
distribution, public display, public performance and reproduction of Your
Content.
c. You acknowledge and agree that by accessing or using the
Services or Materials, you may be exposed to Materials (including Shared
Group Content) from others that you may consider offensive, indecent or
otherwise objectionable and hereby do waive any legal or equitable rights or
remedies you have or may have against Web Mill with respect thereto, and
agree to indemnify and hold Web Mill, its affiliates, and/or licensors,
harmless to the fullest extent allowed by law regarding all matters related
to your use of the site.
d. You agree not to use, or to encourage or permit others to use,
the Services to: i. Make Available any Material that is unlawful, harmful,
threatening, abusive, tortious, defamatory, libelous, vulgar, obscene,
child-pornographic, lewd, profane, invasive of another.s privacy, hateful,
or racially, ethnically or otherwise objectionable;
ii. Stalk, intimidate and/or harass another;
iii. Incite others to commit violence;
iv. Harm minors in any way;
v. Make Available any Material that you do not have a right to Make
Available under any Law or contractual or fiduciary relationship;
vi. Make Available any Material that infringes any Intellectual Property
Right or other proprietary right of any party;
vii. Impersonate any person or entity, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
viii. Forge headers or otherwise manipulate identifiers to disguise the
origin of any of Materials posted on or transmitted through the
Services;
ix. Use the Services or Materials such that it will mislead a User into
believing that they are interacting directly with Web Mill or any
Service;
x. Engage in any chain letters, contests, junk email, pyramid schemes,
spamming, surveys or other duplicative or unsolicited messages (commercial
or otherwise);
xi. Use any Web Mill domain name as a pseudonymous return email
address;
xii. Make Available any Material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software, hardware or telecommunications
equipment;
xiii. Access or use the Services in any manner that could damage, disable,
overburden or impair any Web Mill server or the networks connected to any
Web Mill server;
xiv. Intentionally or unintentionally interfere with or disrupt the Services
or violate any applicable Laws related to the access to or use of the
Services, violate any requirements, procedures, policies or regulations of
networks connected to the Services, or engage in any activity prohibited by
the Terms;
xv. Disrupt or interfere with the security of, or otherwise cause harm to,
the Services, Materials, systems resources, accounts, passwords, servers or
networks connected to or accessible through the Services or any affiliated
or linked sites;
xvi. Disrupt, interfere with, or inhibit any other User from using and
enjoying the Services or Materials, or other affiliated or linked sites,
Services or Materials;
xvii. Access or attempt to access any Material that you are not authorized
to access or through any means not intentionally made available through the
Services;
xviii. Market any goods or services for any business purposes (including
advertising and making offers to buy or sell goods or services), unless
specifically allowed to do so by Web Mill;
xix. Reproduce, sell, trade, resell or exploit for any commercial purpose,
any portion of the Services or any Materials, use of any Service or
Materials, or access to any Service or Materials; or
xx. Use any data mining, robots, or similar data gathering and extraction
methods in connection with the Services or Materials.
xxi. Collect or store data about other users in connection with the
prohibited conduct and activities set forth in this Section 6(d).
7. Investigations.
a. Web Mill, in its sole discretion, may (but has no obligation to)
monitor or review the Services and Materials at any time. Without limiting
the foregoing, Web Mill shall have the right, in its sole discretion, to
remove any of Your Content for any reason (or no reason), including if it
violates the Terms or any Law.
b. Although Web Mill does not generally monitor User activity
occurring in connection with the Services or Materials, if Web Mill becomes
aware of any possible violations by you of any provision of the Terms, Web
Mill reserves the right to investigate such violations, and Web Mill may, at
its sole discretion, immediately terminate your rights hereunder, including
your right to use the Services, or Materials or change, alter or remove Your
Content or Account Information, in whole or in part, without prior notice to
you. If, as a result of such investigation, Web Mill believes that criminal
activity has occurred, Web Mill reserves the right to refer the matter to,
and to cooperate with, any and all applicable law enforcement authorities.
Except to the extent prohibited by applicable Law, Web Mill is entitled to
retain and/or disclose any information or Materials, including Your Content
or Account Information (or elements thereof), in Web Mill.s possession in
connection with your use of the Services to (i) comply with applicable
Law, legal process or governmental request; (ii) enforce the Terms; (iii)
respond to any claims that Your Content violates the Terms or rights of
third parties; (iv) respond to your requests for customer services; or (v)
protect the rights, property or personal safety of Web Mill, its Users or
third parties, including the public at large, as Web Mill in its sole
discretion believes to be necessary or appropriate.
8. Use of Your Content.
A note in common terms: We realize that this section
might look a bit scary and so we want to point out a few things. This
section only applies to those portions of our sites, such as User Forums,
where we intend for users to share content freely with Web Mill and with
each other. It does not apply to all of the content that you share,
contribute or post to our sites. For some of our services and sites, we will
provide customized license grants that are consistent with the spirit and
intent of those services and that are appropriate for the kinds of content
we expect you to share within them. (We say this more formally below.) So we
encourage you to be selective when deciding which content to contribute
under this license and we want you to be sure that you are comfortable
granting the rights in this section when it comes to that content.
a. Web Mill does not claim ownership of Your Content. However,
except as provided in Section 8(b), you grant Web Mill a worldwide
(because the Internet is global), royalty-free, nonexclusive, transferable,
perpetual, irrevocable, and fully sublicensable license to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and publicly
display Your Content (in whole or in part) and to incorporate Your Content
into other Materials or works in any format or medium now known or later
developed.
b. The terms of Section 8(a) shall not apply to
Your Content:
i. When specifically agreed that Section 8(a) shall not apply in any
Additional Terms that may accompany certain Services; or
ii. When Your Content is Made Available through Services that are intended
for private communication or which allow you to limit public access or use
to Your Content and you do in fact limit public access or use.
In the case of Your Content covered by Section 8(b)(i), you grant Web
Mill only those rights set forth in such Additional Terms.
In the case of Your Content covered by Section 8(b)(ii), you grant Web Mill
a worldwide (because the Internet is global), royalty-free, nonexclusive,
transferable, and fully sublicensable license to use, distribute, reproduce,
modify, publish and translate Your Content solely for the purpose of
enabling your use of the Service. You may revoke this license and terminate
Web Mill.s rights at any time by removing Your Content from the Service;
provided that you agree that Web Mill may retain and use copies of Your
Content for archival purposes and pursuant to Section 7 (Investigations),
above.
9. Feedback.
You have no obligation to provide Web Mill with ideas, suggestions,
documentations and/or proposals (.Feedback.). However, if you submit
Feedback to Web Mill, while you retain ownership in such Feedback, you
hereby grant Web Mill a nonexclusive, royalty-free, fully paid-up,
perpetual, irrevocable, transferable, unlimited license under all of your
Intellectual Property Rights to use and otherwise exploit your Feedback for
any purpose throughout the universe. Further, by submitting Feedback, you
represent and warrant that (i) your Feedback does not contain the
confidential or proprietary information of you or of third parties; (ii) Web
Mill is not under any obligation of confidentiality, express or implied,
with respect to the Feedback; (iii) Web Mill may have something similar to
the Feedback already under consideration or in development; and (iv) you are
not entitled to any compensation or reimbursement of any kind from Web Mill
for the Feedback under any circumstances.
10. Right to Derive Revenue/Advertisements.
Except for Your Content subject to Section 8(b) above, you agree that Web
Mill may derive revenue and/or other remuneration from Your Content that you
Make Available via the Services without payment to you. For example, Web
Mill may display Web Mill and/or third party paid advertisements and/or
other information adjacent to or included with the Services and adjacent to
or in connection with Your Content, and you agree that you are not entitled
to any compensation for any such advertisements. The manner, mode and extent
of advertising or other revenue generating models pursued by Web Mill on or
in conjunction with the Services and/or Your Content are subject to change
without specific notice to you.
11. Links to Third Party Sites.
The Services and Materials may include links that will take you to other
sites outside of the Services (.Linked Sites.). The Linked Sites are
provided by Web Mill to you as a convenience and the inclusion of the links
does not imply any endorsement by Web Mill of any Linked Site. Web Mill has
no control of the Linked Sites and you agree that Web Mill is not
responsible for the availability or contents of any Linked Site (including
any advertising, products or other materials on or available from such
Linked Site), any link contained in a Linked Site, or any changes or updates
to a Linked Site.
12. Modifications to Services and Materials.
Web Mill may at any time and from time to time modify or discontinue,
temporarily or permanently, the Services or Materials, or any portion
thereof, with or without notice. You agree that Web Mill shall not be liable
to you or any third party for any modification, suspension or discontinuance
of the Services or Materials.
13. Termination.
a. The Terms will continue to apply until terminated by either you or
Web Mill as set forth below.
b. If you want to terminate your agreement with Web Mill, you may do
so by (i) notifying Web Mill at any time and (ii) closing your accounts
for all of the Services or Materials that you use, where Web Mill has made
this option available to you. Your notice should be sent, in writing, to Web
Mill.s address set forth below.
c. Web Mill may at any time terminate the Terms (or portion thereof,
such as any individual Additional Terms) with you if:
i. You have breached any provision of the Terms (or have acted in a manner
that clearly shows you do not intend to, or are unable to, comply with the
Terms);
ii. Web Mill is required to do so by Law (for example, where the provision
of the Services or Materials to you is, or becomes, unlawful);
iii. The provision of the Services to you by Web Mill is, in Web Mill.s
opinion, no longer commercially viable;
iv. Web Mill has elected to discontinue the Services or Materials (or any
part thereof); or
v. There has been an extended period of inactivity in your account.
d. Web Mill may also terminate or suspend all or a portion of your
account and/or access to the Services for any reason. Except as may be set
forth in any Additional Terms applicable to a particular Service,
termination of your account may include: (i) removal of access to all
offerings within the Services; (ii) deletion of Your Content and Account
Information, including your personal information, log-in ID and password,
and all related information, files and Materials associated with or inside
your account (or any part thereof); and (iii) barring of further use of the
Services.
e. You agree that all terminations for cause shall be made in Web Mill.s
sole discretion and that Web Mill shall not be liable to you or any third
party for any termination of your account (and accompanying deletion of your
Account Information), or access to the Services and Materials, including
Your Content.
f. Upon expiration or termination of the Terms, you shall promptly
discontinue use of the Services and Materials. However, any perpetual
licenses you have granted, any of your indemnification obligations
hereunder, any of Web Mill.s disclaimers or limitations of damages of
liabilities hereunder and Sections 2, 3, 6(b-d), 7, 9-13, 14, 16, 19, 20 and
21 will survive any termination or expiration of the Terms.
14. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW:
a. THE SITE, SERVICES AND MATERIALS ARE PROVIDED BY Web Mill .AS IS,.
WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, Web
Mill MAKES NO WARRANTY THAT (I) THE SITE, SERVICES OR MATERIALS WILL MEET
YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES OR
MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE
SITE, SERVICES OR MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY
ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Web
Mill OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TERMS.
b. Web Mill SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY
ACTIONS RESULTING FROM YOUR USE OF OR PARTICIPATION IN ANY SERVICES AND YOUR
USE OF MATERIALS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE
OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. Web Mill ASSUMES NO
LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR
COMPUTER FROM ANY OF THE SERVICES.
c. Web Mill DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR
ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH LINKED
SITES. Web Mill MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND
SHALL NOT BE LIABLE FOR, ANY SUCH THIRD PARTIES, THEIR MATERIALS OR
SERVICES. ANY DEALINGS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR
OWN RISK.
d. MANAGERS, HOSTS, PARTICIPANTS, MODERATORS AND OTHER THIRD PARTIES
ARE NOT AUTHORIZED Web Mill SPOKESPERSONS, AND THEIR VIEWS DO NOT
NECESSARILY REFLECT THOSE OF Web Mill. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, Web Mill WILL HAVE NO LIABILITY RELATED TO USER CONTENT
ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY,
OBSCENITY OR OTHER LAWS. Web Mill ALSO DISCLAIMS ALL LIABILITY WITH RESPECT
TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER
CONTENT.
e. Web Mill WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT
OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT OR ACCOUNT INFORMATION IN
CONNECTION WITH THE SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR
WITHOUT YOUR KNOWLEDGE.
f. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE
LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
15. International Users.
a. The Services can be accessed from countries around the world and
may contain references to Services and Materials that are not available in
your country. These references do not imply that Web Mill intends to
announce such Services or Materials in your country.
b. These Services are controlled, operated and administered by Web
Mill Systems Incorporated from its offices in the United States of America.
Web Mill makes no representation that the Services or Materials are
appropriate or available for use at other locations outside the United
States, and access to the Services from jurisdictions where the Services or
Materials are illegal is prohibited. Web Mill reserves the right to block
access to the Services or Materials by certain international users. If you
access the Services from a location outside the United States, you are
responsible for compliance with all local Laws.
16. Limitation of Liability.
a. IN NO EVENT SHALL Web Mill, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS
OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER,
INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT
FORESEEABLE OR IF Web Mill HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT
OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING
OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SITE, SERVICES OR
MATERIALS. NOTHING IN THE TERMS SHALL LIMIT OR EXCLUDE Web Mill.S LIABILITY
FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF Web Mill OR ITS EMPLOYEES,
OR FOR DEATH OR PERSONAL INJURY.
b. Web Mill.S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES AND
SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ONE
HUNDERED UNITED STATES DOLLARS ($100) OR THE AGGREGATE AMOUNT PAID BY YOU
FOR ACCESS TO THE SERVICE, WHICHEVER IS LARGER. THIS LIMITATION WILL APPLY
EVEN IF Web Mill HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
c. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 16 APPLY TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. SOME
JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, THE LIMITATIONS
AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
17. Notification of Copyright Infringement.
a. Web Mill respects the Intellectual Property Rights of others and
expects its users to do the same. Web Mill will respond to clear notices of
copyright infringement consistent with the Digital Millennium Copyright Act,
Title 17, United States Code, Section 512(c)(2) (.DMCA.) and its response to
such notices may include removing or disabling access to the allegedly
infringing content, terminating the accounts of repeat infringers, and/or
making good-faith attempts to contact the user who posted the content at
issue so that he may, where appropriate, make a counter-notification.
b. If you believe that your work has been used or copied in a way
that constitutes copyright infringement and such infringement is hosted on
the Services, on web sites linked to or from the Services, or in connection
with the Services or Materials, please provide, pursuant to the DMCA,
written notification via regular mail or via fax (not via e-mail or phone)
of claimed copyright infringement to Web Mill.s Copyright Agent (contact
information below), which must contain all of the following elements:
i. A physical or electronic signature of the person authorized to act on
behalf of the owner of the copyright interest that is alleged to have been
infringed;
ii. A description of the copyrighted work(s) that you claim have been
infringed and identification of what content in such work(s) is claimed to
be infringing and which you request to be removed or access to which is to
be disabled;
iii. A description of where the content that you claim is infringing is
located on the Services;
iv. Information sufficient to permit Web Mill to contact you, such as your
physical address, telephone number and e-mail address;
v. A statement by you that you have a good faith belief that the use of the
content identified in your notice in the manner complained of is not
authorized by the copyright owner, its agent or the law; and
vi. A statement by you that the information in your notice is accurate and,
under penalty of perjury, that you are the copyright owner or are authorized
to act on the copyright owner.s behalf.
Before you file such a notification, please carefully consider whether or
not the use of copyrighted material at issue is protected by the .fair use.
doctrine, as you could be liable for costs and attorneys. fees should you
file a takedown notice where there is no infringing use. If you are unsure
whether a use of your copyrighted material constitutes infringement, please
contact an attorney. In addition, you may wish to consult publicly available
reference materials such as those found at www.chillingeffects.org.
c. If you believe access to your content was disabled or removed by
Web Mill as a result of an improper copyright infringement notice, please
provide, pursuant to the DMCA, written notification via regular mail or via
fax (not via e-mail or phone) to Web Mill.s Copyright Agent (contact
information below), which must contain all of the following elements:
i. A physical or electronic signature of the subscriber;
ii. Identification of the material that was removed from the Services and
the location of the Service on which the material appeared before it was
removed;
iii. A statement under penalty of perjury that you have a good faith belief
that the material was removed or disabled as a result of mistake or
misidentification of the material to be removed or disabled;
iv. Information sufficient to permit Web Mill to contact you, such as your
physical address, telephone number and e-mail address; and
v. A statement that you consent to jurisdiction of the Federal District
court for the district where you reside (or of Marin County, California if
you reside outside of the United Sates) and that you will accept service of
process from the person who provided notification under DMCA subsection
(c)(1)(C) or an agent of such person.
Before you file such a counter-notification, please carefully consider
whether or not the use of the copyrighted material at issue is infringing,
as you could be liable for costs and attorneys. fees in the event that a
court determines your counter-notification misrepresented that the material
was removed by mistake. If you are unsure whether use of the material at
issue constitutes infringement, please contact an attorney. In addition, you
may wish to consult publicly available reference materials such as those
found at www.chillingeffects.org.
d. Web Mill.s Copyright Agent for notice of claims of copyright
infringement can be reached as follows:
By mail:
http://www.webmill.com
530 Alameda Del Prado #301
Novato, CA 94949
USA
The Copyright Agent will not remove content from the Services in
response to phone or email notifications regarding allegedly infringing
content, since a valid DMCA notice must be signed, under penalty of perjury,
by the copyright owner or by a person authorized to act on his or her
behalf. Please submit such notifications by fax or ordinary mail only and as
further described by this Section. The Copyright Agent should be contacted
only if you believe that your work has been used or copied in a way that
constitutes copyright infringement and that such infringement is occurring
on the Services or on sites linked to or from the Services, or in connection
with the Services or Materials. All other inquiries directed to the
Copyright Agent will not be responded to. Such inquiries should be made
through the feedback procedure referenced in Section 9 or the report abuse
procedure referenced in Section 21(h).
18. Export Control Laws.
You acknowledge and agree that products, services or technology provided by
Web Mill are subject to the export control laws and regulations of the
United States. You shall comply with these laws and regulations and shall
not, without prior U.S. government authorization, export, reexport, or
transfer Web Mill products, services or technology, either directly or
indirectly, to any country in violation of such laws and regulations.
19. Indemnity and Liability.
You agree to indemnify and hold Web Mill and its subsidiaries, affiliates,
officers, agents, employees, co-branders or other partners, and licensors
harmless from any claim or demand, including reasonable attorneys. fees, due
to or arising out of Your Content, your use of the Services or Materials,
your connection to the Services or Materials, the actions of any member of
your group, your access to or use of Linked Sites and your connections
therewith, any claim that Your Content caused damage to a third party, any
dealings between you and any third parties advertising or promoting via the
Services or Materials, your violation of the Terms, or your violation of any
rights of another, including any Intellectual Property Rights.
20. Resolution of Disputes.
a. All matters relating to your access to, or use of, the Services or
Materials shall be governed by the Laws of the State of California, United
States of America without regard to conflict of laws principles thereof. You
agree that any claim or dispute you may have against Web Mill must be
resolved by a court located in Santa Clara County, California, United States
of America except as otherwise agreed by the parties, or as set forth in
section (b) below. You agree to submit to the personal jurisdiction of the
courts located in Santa Clara County, California, United States of America
for the purpose of litigating such claims or disputes. The parties
specifically disclaim the U.N. Convention on Contracts for the International
Sale of Goods.
b. For any claim (excluding claims for injunctive or other equitable
relief) for less than $10,000, the party requesting relief may elect to
resolve the dispute in a cost-effective manner through binding
non-appearance-based arbitration. In the event a party elects arbitration,
it shall initiate such arbitration through an established alternative
dispute resolution (.ADR.) provider mutually agreed upon by the
parties. The ADR provider and the parties must comply with the following
rules: (i) the arbitration shall be conducted by telephone, online,
and/or be based solely on written submissions, the specific manner shall be
chosen by the party initiating the arbitration; (ii) the arbitration shall
not involve any personal appearance by the parties or witnesses unless
otherwise mutually agreed by the parties; and (iii) any judgment on the
award rendered by the arbitrator may be entered in any court of competent
jurisdiction.
c. All claims you bring against Web Mill must be resolved in
accordance with this section. All claims filed or brought contrary to this
section shall be considered improperly filed. Should you file a claim
contrary to this section, Web Mill may recover attorneys. fees and costs up
to U.S. $1,000, provided that Web Mill has notified you in writing of the
improperly filed claim and you have failed to properly withdraw the
claim.
d. Notwithstanding the foregoing, in the event of your or others.
unauthorized access to or use of the Services or Materials in violation of
the Terms you agree that Web Mill shall be entitled to apply for injunctive
remedies (or an equivalent type of urgent legal relief) in any
jurisdiction.
21. General.
a. Any notice provided to Web Mill pursuant to the Terms should be
sent to http://www.webmill.com 530 Alameda Del Prado #301,
Novato, CA 94949 USA
b. It is the express wish of the parties that the Terms, any
Additional Terms and all related documents have been drawn up in English.
C.est la volonté expresse des parties que la présente convention ainsi que
les documents qui s.y rattachent soient rédigés en anglais.
c. Web Mill may provide you with notices, including those regarding
changes to the Terms, by email, regular mail, text message, postings on or
within the Services, or other reasonable means now known or hereafter
developed.
d. The Terms constitute the entire agreement between Web Mill and you
with respect to your access to or use of the Services and Materials and
supersede any prior agreements between you and Web Mill on such subject
matter.
e. You may not assign or otherwise transfer the Terms, or any right
granted hereunder, without Web Mill.s written consent. Web Mill.s rights
under the Terms are freely transferable by Web Mill.
*f.*If for any reason a court of competent jurisdiction finds any provision
of the Terms, or portion thereof, to be unenforceable, that provision shall
be enforced to the maximum extent permissible so as to affect the intent of
the parties as reflected by that provision, and the remainder of the Terms
shall continue in full force and effect.
g. Any failure by Web Mill to enforce or exercise any provision of
the Terms, or any related right, shall not constitute a waiver of that
provision or right.
h. Please report any violations of the Terms via the report abuse
mechanism offered in conjunction with the specific Service in which the
alleged violation occurs.
From , September 27, 2010
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