Posted on Monday, 28th December 2009 by Dennis Damp
Latest Update 2/28/2014
License to Use the Blog
Except for your pre-existing rights and this license granted to you, we retain all right, title, and interest in and to the Blog, including all related intellectual property rights. The Blog is protected by applicable intellectual property laws, including United States copyright law and international treaties.
Blog Access and Modifications
We do not provide you with the equipment to access the Blog. You are responsible for all fees charged by third parties to access the Blog (e.g., charges by internet service providers).
We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Blog without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Blog.
The Blog is not intended for or directed to persons under the age of 13.
You must comply with all applicable laws when using the Blog. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works; or other content made available on the Blog (“Blog Content”) or compile or collect any Blog Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Blog or store, copy, modify, distribute, or resell any Blog Content; (c) rent, lease, or sublicense your access to the Blog to another person; (d) use the Blog or Blog Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Blog; (f) use the Blog in a manner that threatens the integrity, performance, or availability of the Blog; or (g) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Blog or Blog Content.
Links and Third Party Content
The Blog may contain links to third party products, services, and websites. We exercise no control over the third party products, services, and websites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third party products, services, and websites. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party products, services, and websites.
You agree that teh Company is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each, a “Submission”), including, without limitation, responses to questionnaires or through postings to the Blog without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Blog and our products and services. Furthermore, by posting any Submission on the Blog, submitting information to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or providing a Submission or information, you represent and warrant that public posting and use of your Submission or information by the Company will not infringe on or violate the rights of any third party.
The Company asks that you respect our online Blog community and participating individuals. Your conduct should be guided by common sense and basic etiquette. To further these common goals when posting Submissions to or otherwise using the Blog, you agree not to:
• Post or transmit any material that is unrelated to the Subject Matter;
• Use the Company’s facilities, services or resources (including the Blog) in a manner which violates any applicable laws or regulations;
• Post or transmit any material (i) that you don’t have the right to transmit under applicable law, including copyright, trademark, trade secret or securities laws, or (ii) in violation of your obligations to any third party, including nondisclosure agreements;
• Intentionally seek information on, obtain copies of or modify files, other data or passwords belonging to other users without permission; solicit a member’s password or other account information; or harvest user names, email addresses or other personal information for any purpose;
• Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity; • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; use racially, ethnically, or otherwise offensive language; or discuss or incite illegal activity; or use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
• Post Submissions that contain nudity, violence, or offensive subject matter;
• Post photographs of another person without such person’s consent;
• Promote information that you know to be false or misleading or that promotes or facilitates illegal activities, piracy, or conduct that is abusive, threatening, obscene, defamatory or libelous;
• Engage in or facilitate the transmission of unsolicited mass mailing, or “spamming”;
• Sell or otherwise transfer your profile or account on the Blog; or
• Use the Company’s facilities, services or resources in a manner that interferes with or disrupts other network users, services or equipment. Such interference or disruption includes, but is not limited to: (i) propagation of computer worms or viruses, (ii) use of the network to make unauthorized entry to other computational, information or communications devices or resources, or (iii) use of automated processes to interact with the Blog, such as scripts to harvest data. This includes unauthorized security probing activities or other attempts to evaluate the security integrity of a network or host system without permission.
The Company reserves the right to investigate and take legal action against anyone who, in our sole discretion, violates the restrictions set forth in this Agreement, including without limitation removing any offending profile information or Submissions, and terminating your access to the Blog.
The Company may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about the Blog (“Feedback”). You agree that the Company may, in its sole discretion, use the Feedback you provide to Bookhaven Press LLC in any way, including in future modifications to the Blog. You hereby grant the Company a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute and display the Feedback in any manner and for any purpose.
Disclaimer of Warranties
YOUR USE OF THE BLOG AND BLOG CONTENT IS AT YOUR SOLE RISK. THE BLOG AND BLOG CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BOOKHAVEN PRESS LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE BLOG AND BLOG CONTENT, AND YOU RELY ON THE BLOG AND BLOG CONTENT AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH THE BLOG IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE BLOG. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOOKHAVEN PRESS LLC OR THROUGH OR FROM THE BLOG, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
Limitation of Liability
THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BOOKHAVEN PRESS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES, RESULTING FROM YOUR USE OF THE BLOG AND BLOG CONTENT. UNDER NO CIRCUMSTANCES WILL BOOKHAVEN’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE BLOG OR BLOG CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Bookhaven Press LLC, The Company, respects the intellectual property rights of others, and asks you to do the same. It is the policy of the Company to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Blog in a way that constitutes copyright infringement, please contact teh Company at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the Blog where the material that you claim is infringing is located; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Bookhaven’s designated agent for notice of copyright infringement can be reached at:
Bookhaven Press LLC
Attention: Copyright Agent
249 Field Club Circle
McKees Rocks, PA 15136
Phone: (412) 494-6926
Fax: (412) 494-5749
Updates to this Blog and License Agreement
Contacting Bookhaven Press LLC
Bookhaven Press LLC
249 Field Club Circle
McKes Rocks, PA 15136