1. This web site is owned by F+W Media, Inc. (“F+W”). F+W provides this web site and related services to you, the user of this web site, only for your personal, non-commercial use and subject to your acceptance of and compliance with this Terms of Use Agreement (“Agreement”). Please read the terms contained herein carefully before using this web site and/or the services associated therewith.
Your use of this web site and the associated services confirms your unconditional acceptance of these terms and conditions. If you do not accept these terms and conditions, do not use this web site.
2. F+W reserves the right, in its sole discretion, to revise this Agreement at any time. Changes to these terms will be included in a revised version of this Agreement accessible through the web site. Your continued use of the web site and related services following posting of any changes to this Agreement constitutes your unconditional acceptance and agreement to be bound by the changed terms. You must cease using the web site if you do not agree to be bound by the revised terms and conditions.
3. F+W, owner of Everything.com and related services and properties, provides users with access to a rich collection of instructional, informational and inspirational content, including various communications tools, user-contributions, video, audio, rich media and branded programming through its network of properties.
4. The materials used and displayed on the Service and the Sites, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of F+W Media, Adams Media and Everything.com or licensors and are protected by copyright, trademark and other laws. F+W grants you a limited, nonexclusive and revocable license to make personal and non-commercial use of the site. This license does not include the right to modify, reproduce, copy or resell any of the content of Everything.com, or any other F+W site; to bypass any technical measures used to prevent or restrict access to any portion of the web site; to use any data mining, robots, or similar automated data gathering and extraction tools on the F+W web site other than those purposes used for search engines; to violate or attempt to violate the security of the web site, or to interfere with or attempt to interfere with the proper working of the F+W web site. You agree to use this web site only for lawful purposes and in accordance with the terms and conditions contained herein.
5. By using this web site or creating a user account, you consent to F+W’s collection and use of personal information as discussed in F+W’s Privacy Policy, which is hereby incorporated into this Agreement. A copy of the Privacy Policy can be accessed here
http://fwmedia.com/privacy
6. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, software, advertisements or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not F+W, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the web site or any associated services. You understand and agree that any Content you post to the web site or any section thereof (including but not limited to the Reference Image Library) becomes a permanent addition to the site, and that you have no right to demand the removal of any Content you post to the web site or any section thereof.
7. You grant the following licenses with respect to Content you post or submit to the web site, or otherwise make available through the WetCanvas Service.
a. You hereby expressly grant to F+W a royalty-free, perpetual, non-exclusive, world-wide, irrevocable right and license to use, edit, transmit, or otherwise distribute and display the Content on, in connection with, or to advertise, promote or archive the web site. This license is necessary to allow F+W to operate and properly host the web site. It does not give F+W the right to use your Content in any way it sees fit, but merely allows F+W to include your Content on the web site, to adapt it as necessary in order to display it, and to use your Content in promoting the web site to other users & potential partners. The granting of this non-exclusive right is related to the Everything.com service. Other commercial endeavors, such as, but not limited to the publication of books, prints, magazines, DVDs, CD compilations, and non-related works require express permission from the author or owner of the copyright to use such content in that manner.
b. With respect to Content you submit to the Service, you retain the copyright to the original content and you grant to F+W and site users a royalty-free, perpetual, non-exclusive, world-wide, irrevocable right and license to reference, link to or quote the content. F+W reserves the right to retain, host, edit or remove any content. Once submitted, content becomes entirely in the editorial discretion of F+W media for display, duration and content.
c. You represent and warrant that you own or otherwise control all the rights to any Content you post or submit to the web site, that use of the information or content you post or submit does not violate the intellectual property rights of any third parties, and that use of the information or content you post or submit will not cause injury to any person or entity. You agree that you will indemnify F+W or its affiliates for all claims resulting from or related to Content you post or submit. You further represent and warrant that any Content you post or submit to the web site will not contain libelous or otherwise unlawful, threatening, abusive or obscene material; will not contain software viruses or other harmful devices, and will not be part of any mass mailing or other form of spam. In line with, and without limiting, the foregoing, you specifically agree that you will not:
i. Post, submit, transmit, or provide links to any Content that is unlawful (according to local, state, federal or international law) or any Content that advocates illegal activity, or otherwise use the web site and any associated services to violate any applicable local, state, federal or international law or regulation having the force of law;
d. Post, submit, transmit, or provide links to any Content that could be considered harmful, pornographic, obscene, indecent, lewd, vulgar, profane, violent, abusive, threatening, insulting, harassing, hateful, tortious, or otherwise objectionable;
e. Post, submit, transmit, or provide links to any Content that harasses, victimizes, degrades, or intimidates an individual or group or individuals on the basis of religion, race, ethnicity, age, gender, sexual orientation, or disability;
f. Post, submit, transmit, or provide links to Content that contains defamatory, false or libelous material, or any Content that is invasive of another’s privacy;
g. Post, submit, transmit, or provide links to any Content that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, trade secrets, rights to privacy, rights of publicity, or other proprietary rights;
h. Post, submit, transmit, or provide links to any Content that you do not have a right to make available under law or under a contractual or fiduciary relationship (including but not limited to inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
i. Post, submit, transmit or provide any links to any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, surveys, contests, or any other form of solicitation;
j. Impersonate any other person or entity, including but not limited to an F+W official or other corporate organization, or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so as to mislead, deceive, or defraud another;
k. Use the web site and any associated services in any manner which could damage, disable, overburden, impair, or otherwise interfere with the use of the web site and associated services by any other users, or which could damage, destroy, or otherwise disrupt or limit the functionality of any computer software or hardware or telecommunications equipment, including but not limited to by means of posting, submitting, transmitting or providing a link to any computer viruses, Trojan horses, worms, or other harmful computer code, files or programs designed or intended to damage, interfere with, monitor surreptitiously, or take over another computer, any computer hardware or computer software;
l. Attempt to gain unauthorized access to this web site, any F+W website, other accounts, computer system, or networks connected to this web site, through hacking, password mining, or any other means;
m. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
8. You are solely responsible for any activity and postings made in connection with your user account, including but not limited to Content submissions, Comments or responses. Any violation of these provisions can subject your account to immediate termination and, possibly, further legal action.
9. You understand that the technical processing and transmission of the web site, the Service, and any related services, including Content you submit, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
10. Under no circumstances will F+W be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the web site and/or associated services.
11. The opinions expressed in postings or other Content on this web site are not necessarily those of F+W or its content providers, advertisers, sponsors, affiliated or related entities. F+W makes no representations or warranties regarding any information or opinions posted to or otherwise included on or transmitted through the web site. F+W does not represent or guarantee the truthfulness, accuracy, or reliability of any Content or determine whether the Content violates the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.
12. F+W reserves the right to pre-screen, regularly review, monitor, delete or edit the Content at any time at its sole discretion, either itself or through its designees, for any reason or no reason, and to edit or delete any posting or submission with or without notice. F+W is not responsible or liable for damages of any kind arising from any Content, or from F+W’s alteration or deletion of any Content, even when F+W is advised of the possibility of such damages.
13. Any unauthorized reproduction, modification, publication, further distribution or public exhibition, in whole or in part, of the Content or other materials provided on or in connection with the web site, the Service, and any related services is strictly prohibited. You agree that you shall not make any unauthorized use of the Content or materials available on or through this web site.
14. The trademarks, logos, and service marks displayed on this web site are owned by F+W and third parties, and this web site’s trade dress is owned by F+W. All trademarks not owned by F+W are the property of their respective owners, and, where used by F+W, are used with permission. Nothing contained on this web site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark.
15. F+W may provide, or third parties, partners, and advertisers may post links to other Internet sites or resources. Because F+W has no control over such sites and resources, you acknowledge and agree that F+W is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that F+W shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. If you link to sites related to the Service, we require that you follow these guidelines. The link to this web site must not damage, dilute, or tarnish F+W or the goodwill associated with any F+W names and/or intellectual property, nor may the link create the false impression that your web site and/or organization is sponsored by, endorsed by, affiliated and/or associated with F+W. You agree that you will not link to the web site from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory, or is otherwise inappropriate. Under no circumstances will you “frame” this web site or alter its intellectual property or content in any way. F+W reserves the right, in its sole discretion, to terminate a link with any web site that it deems inappropriate or inconsistent with F+W, its web site, and/or these terms. Users are requested to inform F+W of any errors or inappropriate material found on web sites to which this web site is or may be linked.
17. Your dealings and communications (including but not limited to business dealings, participation in promotions, or transactions prompted by online advertisements) with any advertiser or other third party found on or through the web site are solely between you and that third party. You agree that F+W shall not be responsible or liable for payment; delivery of goods or services; any terms, conditions, warranties or representations associated with such dealings, or any loss or damage of any sort resulting from or associated with such dealings, or for any loss or damage of any sort incurred as the result of the presence of such advertisers or other third parties on the web site. Please review carefully the third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have related to materials provided by or dealings with third parties should be forwarded directly to the third party.
18. This web site is for the personal use of individual members. Because F+W relies on paid advertisements to help fund the continued operation of this site, F+W cannot allow users to post free advertisements in any areas of the web site, or through services associated with the web site. Users contributing content may include a hyper-link below their name crediting the source of the content, but may not overtly, or subtly promote, urge, prompt or otherwise solicit direct sales or site visits.
19. You should be aware that if you voluntarily disclose personal information (e.g., user name, email address) on a bulletin board, chat room or on any other user or member generated pages, that information can be collected and used by others and may result in unsolicited messages from other parties.
20. THIS WEB SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY F+W ON AN “AS IS” AND “AS AVAILABLE” BASIS. F+W MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, F+W DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE.
21. BY USING THE F+W WEB SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND ANY ASSOCIATED SERVICES IS AT YOUR OWN RISK. F+W DOES NOT WARRANT OR GUARANTEE THAT ITS WEB SITE, SERVERS OR EMAILS SENT BY OR ON BEHALF OF F+W ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, F+W DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS WEB SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND F+W, OR BETWEEN YOU AND ANY OTHER USER OF THE WEB SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
22. F+W WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF F+W HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, F+W WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF THIS WEB SITE, OR FROM YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON F+W’S COMPUTERS AND/OR SERVERS.
23. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
24. You agree to indemnify, defend and hold harmless F+W, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees, from and against any claim, demand, damages, cost and expenses, including reasonable attorney fees, arising from or related to your use of this web site and the services provided in connection with the web site, or your breach of any provision of this Agreement or any warranty provided hereunder.
25. You agree that if you are dissatisfied with the web site or any services offered in connection with the web site, if you do not agree with any part of this Agreement, or you have any other dispute or claim with or against F+W with respect to this Agreement or the web site, your sole and exclusive remedy is to discontinue using the web site and any services offered in connection with the web site.
26. This web site is created and maintained by F+W in the State of Ohio. You agree that the laws of the State of Ohio will govern this Agreement, without giving effect to any principles of conflicts of laws. Any action or proceeding arising out of this Agreement or your use of the F+W web site must be brought in the state or federal courts located in Hamilton County, Ohio, and you hereby consent to the exclusive personal jurisdiction of such courts. You further agree to file any cause of action with respect to this Agreement within six (6) months after the cause of action arises. You agree that a cause of action filed after this date is barred.
27. F+W respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. F+W reserves the right to remove access to infringing material posted to its web site. Such actions do not affect or modify any other rights F+W may have under law or contract.
28. If you believe that any portion of the material contained on this site infringes your copyright, notify F+W of your claim in accordance with the following procedure. We will take appropriate action as required by the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c)(3).
Written Notification must be submitted to this site’s Designated Agent:
Lori Krafte, Esq.
Greenebaum, Doll & McDonald PLLC
2900 Chemed Center
255 East Fifth Street
Cincinnati, Ohio 45202
Facsimile: 513-762-7935
Email:
lek@gdm.com
To be effective, the Notification must be in writing and contain the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information outlined above, F+W will:
Remove or disable access to the material that is alleged to be infringing;
Forward the written notification to such alleged infringer;
Take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
29. This Agreement represents the entire understanding between you and F+W regarding your use of the web site and all related services, and governs your use of the web site and related services. Except as expressly noted herein, this Agreement supersedes any and all other agreements, express or implied, between you and F+W, or Everything.com, regarding this web site. This Agreement may be modified from time to time by F+W at its sole discretion. You acknowledge that you have no authority to modify the terms of this Agreement in any way. If any provision of this Agreement is determined to be invalid or unenforceable for any reason whatsoever, the remainder of this Agreement shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of this Agreement. F+W’s failure to act with respect to a breach of this Agreement by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under this Agreement.