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Web Site License, Use Agreement and Copyright
This Internet Web Site Use Agreement (the "Agreement") is between you
and june baby blankets (the "company") with offices in Centerville,
Ohio. Your use of the "company" Internet Web Site (the "Web Site") is
subject to the following terms and conditions of use:
(1) YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS WEB SITE. Use of the Web Site signifies your
unconditional agreement to the terms and conditions of this Agreement.
If you do not agree to these terms and conditions of use, do not access
or otherwise use this Web Site.
(2) The "company" may gather, process and use information and materials
received from you (e.g., name, physical address, e-mail address) or
collected through your use of the Web Site for any lawful reason or
purpose.
(3) The "company" reserves the right, at its sole discretion, from time
to time to change, modify, add or remove any portion of this Agreement,
in whole or in part, at any time. Notification of changes in the
Agreement will be posted on the Web Site.
(4) The Web Site is protected by one or more copyrights pursuant to
U.S. copyright laws, international conventions and other intellectual
property laws. You will abide by any and all copyright notices,
trademark notices, ownership information or restrictions contained in
any Content on the Web Site. You may download and make copies of the
Content and other downloadable items displayed on this Web Site,
provided that you maintain all copyright and other notices contained in
such Content. Copying or storing of any Content on the Web Site for
reproduction, redistribution or publication to third parties for
commercial purposes is expressly prohibited without prior written
permission from the "company". All rights to the "company's"
copyrighted materials not expressly granted herein are reserved by the
"company".
(5) The "company", at its sole discretion, may change, suspend or
discontinue any aspect of the Web Site at any time, including the
availability of any Web Site feature, database or Content. "company"
may also impose limits on certain features and services or restrict
your access to parts or all of the Web Site without notice or
liability.
(6) You represent, warrant and covenant that you shall not upload, post
or transmit to or distribute or otherwise publish through the Web Site
any materials which: (i) restrict or inhibit any other user from using
and enjoying the Web Site; (ii) are unlawful, threatening, abusive,
libelous, defamatory, obscene, vulgar, offensive, pornographic,
profane, sexually explicit or indecent; (iii) constitute or encourage
conduct that would constitute a criminal offense, give rise to civil
liability or otherwise violate any law or governmental regulation; (iv)
violate, plagiarize or infringe the rights of third parties including,
without limitation, copyright, trademark, patent, rights of privacy or
publicity or any other proprietary right; (v) contain a virus or other
harmful or destructive elements; (vi) contain any information, software
or other material of a commercial nature; (vii) contain advertising of
any kind; or (viii) constitute or contain false or misleading
indications of origin or statements of fact.
(7) You hereby agree to defend, indemnify and hold harmless the
"company", and all its officers, directors, agents, employees,
information providers, affiliates, licensors and licensees from and
against any and all liabilities, claims, penalties, losses, damages,
cost and expense (including court costs and reasonable attorney's fees,
interest expense and amounts paid in compromise or settlement), suits
or actions arising out of or resulting from any breach by you of this
Agreement, including the foregoing representations, warranties and
covenants. You shall cooperate as fully as reasonably required in the
defense of any claim.
(8) The Web Site may contain hypertext links and pointers to the other
World Wide Web Internet sites and resources operated and controlled by
parties other than the "company". Links to and from the Web Site to
such third party sites do not imply or constitute an endorsement by the
"company" of any third party material or contents.
(9) The "company" does not represent or endorse the accuracy or
reliability of any advice, opinion, statement or other information
displayed or distributed through the Web Site. You acknowledge that any
reliance upon any such opinion, advice, statement, memorandum, or
information shall be at your sole risk. The "company" reserves the
right, in its sole discretion, to correct any errors or omissions in
any portion of the Web Site.
(10) The "company" reserves the right at all times to disclose any
information as necessary to satisfy any law, regulation or government
request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, that in the "company's" sole discretion
are objectionable or in violation of this Agreement.
(11) THE "company" WEB SITE, INCLUDING ALL CONTENT, SOFTWARE,
FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED
THROUGH THE WEB SITE, IS PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST
EXTENT PERMISSIBLE BY LAW, THE "company" MAKES NO REPRESENTATION OR
WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE OR
THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE
SOFTWARE USED ON OR ACCESSED THROUGH THE WEB SITE, FOR ANY HYPERTEXT
LINKS TO THIRD PARTY WEB SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED
WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR
ANY LINKED SITE. FURTHER, THE "company" DISCLAIMS ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE "company"
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY
MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED, ERROR
FREE OR THAT DEFECTS WILL BE CORRECTED. THE "company" SHALL NOT BE
LIABLE FOR THE USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE
CONTENT AND ANY ERRORS CONTAINED THEREIN. TO THE FULLEST EXTENT
PERMISSIBLE BY LAW, THE "company" SHALL NOT BE LIABLE TO YOU FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR
ACCESS TO THE WEB SITE OR FOR ANY INFORMATION OBTAINED THROUGH THE WEB
SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE,
EVEN IF THE COMPANY OR ANY OF ITS AGENTS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, AND THEREFORE THE PRECEDING LIMITATION MAY NOT APPLY TO YOU.
(12) Some comments and information on the "company" web Site may be
based upon the "company's" current expectations, estimates and/or
projections about the "company's" markets and industries. These
statements about the "company" are forward-looking statements which are
not guarantees of future performance and involve certain risks,
uncertainties and assumptions that are difficult to predict. Therefore,
actual outcomes and results may differ from what is expressed or
forecasted. Among the factors that could cause actual results to differ
are uncertainties in competitive pricing pressures, general domestic
and international economic conditions and market demand.
(13) By posting messages, uploading files, inputting data or engaging
in any other form of communication (individually or collectively
"Communications") to the Web Site, you hereby grant to the "company" a
perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty
free license to use, copy, license, sublicense, adapt, distribute,
display, publicly perform, reproduce, transmit, modify, edit and
otherwise fully exploit such Communications, in all media now known or
hereafter developed. You hereby waive all rights to any claim against
the "company" for any alleged or actual infringements of any
proprietary rights, rights of privacy and publicity, moral rights and
rights of attribution in connection with such Communications.
(14) You acknowledge that Communications involving the Web Site are not
confidential and that Communications may be read or intercepted by
others. You acknowledge that by submitting Communications to the
"company", no confidential, fiduciary, contractually implied or other
relationship is created between you and the "company" other than
pursuant to this Agreement.
(15) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE
WITH THE LAWS OF THE STATE OF OHIO, WITHOUT REGARD TO CONFLICTS OF LAWS
PROVISIONS. YOU HEREBY AGREE AND CONSENT THAT THE SOLE AND EXCLUSIVE
JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO
THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED
IN THE STATE OF OHIO.
(16) The "company" has a long standing policy that does not allow it to
accept or consider creative ideas, suggestions or materials other than
those which have been specifically requested or otherwise affirmatively
solicited by the "company" in writing. It is the intent of this policy
to avoid possible misunderstandings as to the ownership of creative
ideas, concepts, suggestions or materials. If you send any creative
materials, suggestions, ideas, notes, drawings, concepts or other
information (collectively known as the "Information") to the "company"
in printed form, electronic means or otherwise, the Information shall
be deemed to be the property of the "company" and shall not be subject
to any obligations of confidence, non-disclosure or non-usage. The
"company" is hereby entitled to unrestricted usage of the Information
on a worldwide basis without compensation to the provider of the
Information.
(17) This Agreement constitutes the entire agreement between the
"company" and you with respect to your use of and access to the Web
Site. This Agreement supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written,
between you and the "company" with respect to the Web Site. Use of the
Web Site is unauthorized in any jurisdiction that does not give effect
to all of the terms and conditions of this Agreement. Any cause of
action you may have with respect to your use of and access to the Web
Site must be commenced within one (1) year after the claim or cause of
action arises. If for any reason a court of competent jurisdiction
finds any provision of this Agreement, or portion thereof, to be
unenforceable, that provision shall be enforced to the maximum extent
permissible so as to give legal effect to the intent of the Agreement,
and the remainder of this Agreement shall continue in full force and
effect. A printed version of this Agreement and of any notice given in
electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this Agreement or the Web Site to
the same extent and subject to the same conditions as other business
documents and records generated and maintained in printed form by the
"company". The failure of the "company" to enforce any provision of
this Agreement shall not be deemed a waiver of such provision nor bar
the "company's" right to enforce the provision.
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