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Terms of Use
PLEASE READ THESE TERMS AND CONDITIONS OF
USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent to
these terms of use. If you do not agree to these
terms of use, please do not use this site. We
reserve the right without notice, at our
discretion, to change, modify, add, or remove
portions of these terms at any time. Please check
these terms periodically for changes.
RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated by the artist,
Charles Eldred (hereinafter collectively referred
to as "the artist"). The copyright in
all material provided on this site is held by the
artist, the original creator of the material. All
text and images published in the Web Site are for
personal and/or educational use only. Neither the
text nor the images published herein are for use
in the public domain. Any commercial use or
publication is strictly prohibited without the
prior written permission of the artist or the
copyright owner. Modification of the materials or
use of the materials for any other purpose is a
violation of the artist's copyright and other
proprietary rights. All trademarks, service
marks, and trade names are proprietary to the
artist.You may download Material from this Web
Site for your personal, non-commercial use only,
provided you keep intact all copyright and other
proprietary notices. In the event that you
download Material from the Web Site, such
Material is licensed to you by the Artist and the
Artist does not transfer title to any such
Material to you.
LINKED SITES
The artist is not necessarily affiliated with
sites which may be linked to this site and is not
responsible for their content ("Linked
Sites"). The Linked Sites are for your
convenience only and you access them at your own
risk.
SUBMISSIONS
I am pleased to hear from visitors and welcome
your comments regarding my work. You must forgive
me for my policy to not accept creative ideas,
suggestions, or materials other than those I have
specifically requested. We hope that you will
understand that the intent of this policy is to
avoid the possibility of future misunderstandings
when projects might seem to be similar to
creative works submitted by users. Accordingly,
while I value your comments, I must ask that you
do not send original creative materials. If, at
our request, you send certain specific
submissions, or without a request from us you
send creative suggestions, ideas, notes or
concepts or other materials, they shall be
deemed, and shall remain, our property, and shall
otherwise be subject to the provisions of Section
1, above. k.
JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in this
site are presented solely for the purpose of
promoting the artist's products available in the
United States, its territories, possessions, and
protectorates. This site is controlled and
operated by the artist' from its studio within
the State of Texas, United States of America. The
artist makes no representation that materials in
this site are appropriate or available for use in
other locations. Those who choose to access this
site from other locations do so on their own
initiative and are responsible for compliance
with local laws, if and to the extent local laws
are applicable.
DISCLAIMER
I HAVE PROVIDED LINKS AND POINTERS TO
INTERNET SITES MAINTAINED BY THIRD PARTIES
("THIRD PARTY SITES") AND MAY FROM TIME
TO TIME PROVIDE THIRD PARTY MATERIALS ON THIS
SITE. NEITHER I NOR MY AFFILIATES OR SUPPLIERS
OPERATE OR CONTROL IN ANY RESPECT ANY
INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD
PARTY SITES. THE MATERIALS IN THIS SERVICE AND
THE THIRD PARTY SITES ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE WEB SITE, OR
THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF THE MATERIALS IN
THIS SERVICE OR IN THIRD PARTY SITES IN TERMS OF
THEIR CORRECTNESS, ACCURACY, TIMELINESS,
RELIABILITY OR OTHERWISE. You assume all risk of
errors and/or omissions in the Web Site,
including the transmission or translation of
information. You assume full responsibility for
implementing sufficient procedures and checks to
satisfy your requirements for the accuracy and
suitability of the Web Site, including the
information, and for maintaining any means which
you may require for the reconstruction of lost
data or subsequent manipulations or analyses of
the information provided hereunder. YOU ASSUME
THE ENTIRE COST OF ALL NECESSARY MAINTENANCE,
REPAIR OR CORRECTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE, SHALL THE ARTIST BE
LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF, OR THE INABILITY TO
USE, THE INFORMATION IN THIS SITE, EVEN IF THE
ARTIST OR AN AUTHORIZED REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL
THE ARTIST'S TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID
BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Trademarks
The logos are our trademarks and all other
trademarks, service marks and trade names used on
the Web Site are the property of their respective
owners, and all of the above trademarks may not
be copied, downloaded or otherwise exploited
without our permission, or the owner of such
trademark, service mark or trade name.
Minors
If you have agreed to allow your minor child, or
a child for whom you are legal guardian (a
"Minor"), to register as a member of
the Web Site, you agree that you shall be solely
responsible for: (a) the online conduct of such
Minor; (b) monitoring such Minor's access to and
use of the Web Site; and (c) the consequences of
any use of the Web Site by such Minor.
Child Online
Privacy Protection Act Notification
Pursuant to 47 U.S.C. Section 230(d) as
amended, we hereby notify you that parental
control protections (such as computer hardware,
software, or filtering services) are commercially
available that may assist you in limiting access
to material that is harmful to minors.
Information identifying current providers of such
protections is available at the Electronic
Frontier Foundation website,
http://www.eff.org/pub/Censorship/Ratings_filters_labelling/,
and at the America Links Up website,
http://www.netparents.org/parentstips/browsers.html.
Export Control
Information
Unless otherwise specified, the materials on this
Web Site are presented solely to provide
information regarding and to promote the Web Site
and other products available in the United
States, its territories, possessions and
protectorates. This Web Site is controlled and
operated by the Artist from the office within the
state of Texas, United States of America. We make
no representation that materials on this Web Site
are appropriate or available for use outside the
United States. Those who choose to access this
Web Site from outside the United States do so on
their own initiative and are responsible for
compliance with local laws, if and to the extent
that local laws are applicable.
Miscellaneous
This agreement shall be governed by and construed
in accordance with the laws of the State of
Tennessee without giving effect to any principles
of conflicts of law. You may not assign any of
your rights, obligations or privileges hereunder
without the prior written consent of Walsh. Any
dispute arising from the terms of this Agreement
or a breach of this Agreement will be governed
the laws of Tennessee. By using the Web Site, you
agree to the personal jurisdiction by the state
and federal courts sitting in Davidson County,
Tennessee. This Agreement constitutes the entire
agreement between the parties with respect to the
subject matter contained herein and supersedes
all previous and contemporaneous agreements,
proposals and communications, written or oral,
between our representatives and you. Any
assignment other than as provided for in this
Section shall be null and void, ab initio. If any
provision of this Agreement shall be unlawful,
void, or for any reason unenforceable, then that
provision shall be deemed severable from this
Agreement and shall not affect the validity and
enforceability of any remaining provisions. This
Agreement and any posted operating rules
constitute the entire agreement of the parties
with respect to the subject matter hereof, and
supersede all prior or contemporaneous
communications and proposals, whether oral or
written, between the parties with respect to such
subject matter. No waiver by either party of any
breach or default hereunder shall be deemed a
waiver of any subsequent breach or default. The
titles and subtitles used in this Agreement are
used for convenience only and are not to be
considered in construing or interpreting this
Agreement.
PRIVACY POLICY
(Registration is unavailable. There are no
restricted areas available until the platform is
complete)
1. Information Collected
In order to access certain services and
restricted areas (the "Restricted
Services") within the kindlestudio.com Web
Site (the "Web Site"), I (the artist)
require that you provide certain identifying
information (the "Registration Data")
listed in the online registration form. This
information may include your legal name, address,
telephone number(s), e-mail address, subscriber
name or "screen name," method of
payment and, if applicable, credit card number.
We reserve the right to request any additional
information necessary to establish and maintain
your account for use of the Restricted Services.
2. Confidentiality
Registration Data is our property, subject to and
protected by the Electronic Communications
Privacy Act. We will not sell, rent, swap, or
otherwise disclose your Registration Data to any
third party. We maintain a secured area on the
Web Site for transmission of Registration Data,
and store all Registration Data in a private
database which is not connected to the Internet.
3. Registration Data
Unless you select the "Opt-Out" option
as described below, we reserve the right to use
your Registration Data to send you information
about us, the Web Site, our products and
services, and other topics in which you have
indicated an interest.
4. Opt-Out Right
If you do not wish to receive any special offers
or other communications from us, you have the
right to select the "opt out" option
during the registration process or at any time
afterwards. You may "opt out" by
clicking on the box marked "I DO NOT WISH TO
RECEIVE SPECIAL COMMUNICATIONS FROM YOU"
when you register for an account.
5. No Liability for Acts of Third Parties
Although we will use all reasonable efforts to
safeguard the confidentiality of the Registration
Data, transmissions made by means of the Internet
cannot be made absolutely secure, We will have no
liability for disclosure of Registration Data due
to errors in transmission or unauthorized acts of
third parties.
COPPA Compliance
The Children's Online Privacy Protection Act
imposes certain requirements on web sites that
knowingly collect information on children under
the age of 13. It currently is our policy NOT to
knowingly collect personal information for any
person under 13. I cannot guarantee that links
from kiindlestudio.com to other sites follow our
safety or privacy guidelines. We are not
responsible for the content or safety or privacy
practices of any sites linked from our pages.
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