The effective date of this Agreement is January 21, 2008.
This web site is owned by Krause Publications, Inc. (“Krause”), a
wholly owned subsidiary of F+W Publications, Inc. Krause 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.
Changes to this Agreement
1. Krause reserves the right, in its sole discretion, to revise
this Agreement at any time. Any 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.
General Use, Registration and User Accounts
2. This web site and related services are intended only for use by
those 13 years of age or older. If you are not 13 or older, you
cannot use this site without the accompaniment and supervision of
your parent or legal guardian. Note that certain areas of this web
site and related services, such as the Online Classified
Advertising Solution, are intended only for use by those 18 years
of age or older and of the age of majority in the jurisdiction in
which they reside. These areas have additional terms and conditions
governing their use, as noted below.
3. Krause 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 the Krause web site; to download or copy any
user’s account information for the benefit of another party; 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 to access the
Krause web site; 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 Krause web site. You agree to use this web
site only for lawful purposes and in accordance with the terms and
conditions contained herein.
4. Before you can make use of certain services associated with this
web site, you must register as a user and create a user account.
You agree and warrant that all information you provide to Krause
through this web site, including but not limited to any contact
information and other registration information for your account, is
truthful and accurate. You further agree to maintain the accuracy
of your account information and to inform Krause promptly of any
changes to your account information, including but not limited to
any changes to your e-mail address.
5. You agree to accept responsibility for all activities that occur
under your account. You agree not to disclose your account password
to others, and you agree to notify Krause immediately of any
unauthorized use of your account. Krause is not responsible for nor
liable for any loss or other injury you may incur as a result of
someone else using your user account or password, either with or
without your knowledge.
6. By creating an account with Krause, you consent to receive
communications from us electronically via the e-mail address
associated with your account. Although you can opt not to receive
promotional messages, Krause retains the right to send you
informational email messages about your account or administrative
notices regarding the site, as permitted under the CAN-SPAM Act (15
U.S.C. §7701 et seq.). You agree that any and all communications
sent to you electronically via the e-mail address associated with
your account satisfy any legal requirement that such communications
be in writing.
7. You acknowledge that your use of the Krause web site is at
Krause discretion, and your license to use the web site may be
terminated by Krause at any time. Krause reserves the right, at its
sole discretion, to refuse service, to terminate any user’s
account, and to alter or delete any material submitted to the web
site through the user’s account.
Privacy Policy
8. By using this web site or creating a user account, you consent
to Krause collection and use of personal information as discussed
in Krause Privacy Policy, which is hereby incorporated into this
Agreement. A copy of the Privacy Policy can be accessed here:
“_blank”>/privacy
Submission of Content and User Activity
9. You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages 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 Krause, are
entirely responsible for all Content that you upload, post, email,
transmit or otherwise make available through the web site or any
associated services.
10. You hereby expressly grant to Krause a royalty-free, perpetual,
non-exclusive, irrevocable right and license to use, reproduce,
adapt, modify, publish, edit, translate, perform, transmit, sell,
exploit, sublicense or otherwise distribute and display the Content
for any reason and in any manner it chooses, including for
promotional and advertising purposes, alone or as a part of other
works, in any form, medium or technology now known or later
developed, and you waive all moral rights in all such Content.
11. 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 Krause 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:
a. 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;
b. 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;
c. 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;
d. post, submit, transmit, or provide links to Content that
contains defamatory, false or libelous material;
e. 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;
f. 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);
g. 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, unless it is on a page that explicitly
states that such postings are allowed on that page;
h. impersonate any other person or entity or falsely state or
otherwise misrepresent your affiliation with a person or entity, or
adopt a false identity if the purpose of doing so is to mislead,
deceive, or defraud another;
i. forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content you post or submit to or via the
web site and any related services;
j. 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 intended to damage, interfere with, intercept, monitor
surreptitiously, or take over another computer;
k. attempt to gain unauthorized access to this web site, any
related website, other accounts, computer system, or networks
connected to this web site, through hacking, password mining, or
any other means;
l. 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;
m. obtain or attempt to obtain any materials or information through
any means not intentionally made available through this web site,
including but not limited to harvesting or otherwise collecting
personal or contact information of other users;
n. contact anyone who has asked not to be contacted, “stalk” or
otherwise harass another person or entity, or harm minors in any
way.
You are solely responsible for any activity and postings made in
connection with your user account. Any violation of these
provisions can subject your account to immediate termination and,
possibly, further legal action.
12. Krause does not control the Content delivered via the web site
and related services by you or other users, and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You
understand that by using the web site, you may be exposed to
Content that is offensive, indecent or objectionable. Under no
circumstances will Krause be liable in any way for any Content,
including, but not limited to, for 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.
13. The opinions expressed in postings or other Content on this web
site are not necessarily those of Krause or its content providers,
advertisers, sponsors, affiliated or related entities. Krause makes
no representations or warranties regarding any information or
opinions posted to or otherwise included on or transmitted through
the web site. Krause 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.
14. Krause does not and is not obligated to regularly review,
monitor, delete or edit the Content of the web site. However,
Krause reserves the right to do so at any time in its sole
discretion, for any reason or no reason, and to edit or delete any
posting or submission with or without notice. Krause is not
responsible or liable for damages of any kind arising from any
Content, or from Krause’s alteration or deletion of any Content,
even when Krause is advised of the possibility of such damages.
15. The trademarks, logos, and service marks displayed on this web
site are owned by Krause and third parties, and this web site’s
trade dress is owned by Krause. All trademarks not owned by Krause
are the property of their respective owners, and, where used by
Krause, 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.
16. You acknowledge, consent and agree that Krause may access,
preserve and disclose your account information and Content if
required to do so by law or in a good faith belief that such access
preservation or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce this Agreement; (c) respond to
claims that any Content violates the rights of third-parties; (d)
respond to your requests for customer service; or (e) protect the
rights, property, or personal safety of Krause, its affiliates,
other users and the public.
Advertising and Links
17. Krause may provide, or third parties may post, links to other
Internet sites or resources. Because Krause has no control over
such sites and resources, you acknowledge and agree that Krause 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 Krause 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.
18. If you link to this web site, we require that you follow these
guidelines. The link to this web site must not damage, dilute, or
tarnish Krause or the goodwill associated with any Krause 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 Krause. 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.
Krause reserves the right, in its sole discretion, to terminate a
link with any web site that it deems inappropriate or inconsistent
with Krause, its web site, and/or these terms.
19. Your dealings and communications (including but not limited to
business dealings, participation in promotions, or transactions
prompted by online classified 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 Krause 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 or 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.
Additional Terms
20. Certain areas within this web site and certain services offered
through this web site may be governed by additional terms presented
in conjunction with those areas or services. You must agree to
these additional terms before using those areas or services. The
additional terms and this Agreement shall apply equally. In the
event of an irreconcilable inconsistency between the additional
terms and this Agreement, the additional terms shall control.
Additional terms governing use of the Online Classified Advertising
Solution offered through this web site can be found here
http://secure.adpay.com/Marketplace.aspx?pid=2079&page=termsconditions.
Disclaimer of Warranties; Indemnification; Resolution of
Disputes
21. Krause provides this web site and the associated services in
connection with one or more affiliated companies. Any terms and
conditions related to the disclaimer of warranties, your obligation
to indemnify Krause, and your available remedy in the event of any
dispute apply equally with respect to these affiliated
companies.
22. THIS WEB SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE
PROVIDED BY KRAUSE ON AN “AS IS” AND “AS AVAILABLE” BASIS. KRAUSE
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, KRAUSE 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.
23. BY USING THE KRAUSE WEB SITE, YOU ACKNOWLEDGE THAT YOUR USE OF
THE SITE AND ANY ASSOCIATED SERVICES IS AT YOUR OWN RISK. KRAUSE
DOES NOT WARRANT OR GUARANTEE THAT ITS WEB SITE, SERVERS OR E-MAILS
SENT BY OR ON BEHALF OF KRAUSE ARE FREE OF VIRUSES, WORMS OR OTHER
HARMFUL COMPONENTS. FURTHER, KRAUSE DOES NOT GUARANTEE THE
CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS WEB SITE,
NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND KRAUSE, OR BETWEEN YOU
AND ANY OTHER USER OF THE WEB SITE, WILL BE SECURE FROM ACCESS OR
INTERFERENCE BY THIRD PARTIES.
24. KRAUSE 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 KRAUSE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, KRAUSE
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 KRAUSE’S COMPUTERS AND/OR
SERVERS.
254. 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.
26. You agree to indemnify, defend and hold harmless Krause, 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.
27. 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 Krause 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.
28. This web site is created and maintained by Krause 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 Krause 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 one year after the cause of action arises.
You agree that a cause of action filed after this date is
barred.
Copyright Infringement Claims
29. Krause respects the intellectual property rights of third
parties, and complies with the terms of the Digital Millennium
Copyright Act (DMCA) regarding such rights. Krause reserves the
right to remove access to infringing material posted to its web
site. Such actions do not affect or modify any other rights Krause
may have under law or contract.
If you believe that any portion of the material contained on this
site infringes your copyright, notify Krause 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, Krause 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.
A Counter Notification will be effective if in writing, provided to
the Designated Agent, and including substantially the
following:
* A physical or electronic signature of the alleged infringer;
* Identification of the material that has been removed or to which
access has been disabled and the location at which the material
appeared before it was removed or access to it was disabled;
* A statement under penalty of perjury that the alleged infringer
has 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;
* The alleged infringer’s name, address, and telephone number, and
a statement that the alleged infringer consents to jurisdiction of
Federal District Court for the judicial district in which the
address is located or, if outside of the United States, for any
judicial district in which Krause may be found, and that the
alleged infringer will accept service of process from the person
who provided notification or the agent of such person.
Upon receipt of a Counter Notification containing the information
outlined above, Krause will:
* promptly provide the complaining party with a copy of the Counter
Notification;
* inform the complaining party that it will replace the removed
material within ten (10) to fourteen (14) business days following
the receipt of the Counter Notification, provided Krause’s
Designated Agent has not received notice from the complaining party
that an action has been filed seeking a court order to restrain
alleged infringer from engaging in infringing activity relating to
the material on Krause’s network or system. This process only
relates to reporting a claim of copyright infringement. Messages
related to other matters will not receive a response through this
process.
General Information
30. This Agreement represents the entire understanding between the
parties regarding your use of the web site, and supersedes all
other agreements, express or implied, between them. This Agreement
shall not be modified except in writing, signed by an authorized
representative of Krause. 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. Krause’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.
