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Copyright © 2008, Jeff Gaither. All rights Reserved. The materials contained in this web site are protected under the copyright and trademark laws of the United States and other countries. All trademarks used in this site are the property of their respectful owners. Unauthorized distribution, duplications, alteration or other use (whether for commercial or non-commercial purposes) of material contained in this site, including without limitation any trademark, image, drawing, text, likeness or photograph may constitute a violation of such laws and may be prosecuted under criminal and/or civil law.
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Terms of Service
PLEASE CAREFULLY REVIEW THE TERMS OF USE OF THIS WEBSITE. This Agreement sets forth the terms and conditions which apply to your use of the GaitherGraphix.com / JeffGaither.com website (the “Website”) and any other product or service offered for sale by GaitherGraphix.com / JeffGaither.com through the Website. The right to use the Website and any other product or service offered by GaitherGraphix.com / JeffGaither.com through the Website is personal to you and is not transferable to any other person or entity. BY USING THE GAITHERGRAPHIX.COM / JEFFGAITHER.COM WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THE GAITHERGRAPHIX.COM / JEFFGAITHER.COM PRIVACY AND SECURITY POLICY AND AGREE TO FOLLOW AND BE BOUND BY THIS AGREEMENT AND OUR PRIVACY AND SECURITY POLICY WITHOUT MODIFICATION. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT OR TO OUR PRIVACY AND SECURITY POLICY, YOU MUST EXIT IMMEDIATELY AND DISCONTINUE ALL USE OF THE GAITHERGRAPHIX.COM / JEFFGAITHER.COM WEBSITE.
1. Definitions.
2. Changes In the Service or Terms of Usage.
GaitherGraphix.com / JeffGaither.com has the right at any time to modify, change or discontinue any aspect or feature of the Service, including, but not limited to, Content, hours of availability, registration requirements and equipment needed for access or use of the Website. GaitherGraphix.com / JeffGaither.com also has the right at any time to impose, change, or modify the terms and conditions applicable to use of the Service, or any part thereof, or to impose new terms and conditions, including changes to GaitherGraphix.com / JeffGaither.com Privacy and Security Policy. Such changes, modifications, additions, or deletions will be effective immediately upon notice thereof, including, but not limited to, posting on the Website a revised version of this Agreement or GaitherGraphix.com / JeffGaither.com Privacy and Security Policy or notification by electronic or conventional mail. Any use of the Service by the User after such notice constitutes acceptance by the User of such changes, modifications, additions, or deletions. The User agrees to periodically review the GaitherGraphix.com / JeffGaither.com Website Agreement and Privacy and Security Policy.
3. User Conduct.
a) The User agrees to use the Service for lawful purposes only and agrees not to post or transmit any material that violates or infringes in any way upon the rights of others; that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable; that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website; that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law. No conduct may be undertaken that, in GaitherGraphix.com / JeffGaither.com judgment and sole discretion, restricts or inhibits any other user from using or enjoying the Service. The User agrees not to post or transmit on the Website advertising or other commercial solicitations.
b) User agrees not to upload, post, or otherwise make available on the Website any material protected by copyright, trademark, service mark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. By communication with the Website, each User hereby represents and warrants that the User has all necessary rights for the materials, communications, or other information that the User has provided, transmitted or sent to the Website. The User is solely liable for any damages resulting from any infringement of a third-party’s copyright, patent, trademark, service mark or other proprietary rights, or any other harm resulting from any uploading, posting or submission of material on the Website.
d) By providing a recipient’s name and email address, User authorizes GaitherGraphix.com / JeffGaither.com to forward the web page or pages and User’s comments to the recipient.
4. Intellectual Property.
a) Except as otherwise noted, all Content is the exclusive property of GaitherGraphix.com / JeffGaither.com. The User may not use, sell, offer for sale, reproduce, copy, prepare derivative works, distribute, perform, display, print, publish, upload, post, or transmit in any way any, material from the Website including, but not limited to, text, images, code and software, without the express written consent of GaitherGraphix.com / JeffGaither.com. GaitherGraphix.com / JeffGaither.com hereby grants to User a non-exclusive, royalty-free license to download Content from the Website for the User’s personal, noncommercial use only, provided that User will not make any modification to, changes in, or deletion of author attribution, trademark, copyright or other proprietary notices. All rights not expressly granted herein are reserved by GaitherGraphix.com / JeffGaither.com. Each User acknowledges that he or she does not acquire any ownership rights in the Content by using the Service or downloading Content from the Website.
5. Third-Party Content.
The Service contains content supplied by parties other than GaitherGraphix.com / JeffGaither.com. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by such third parties, including information providers and Users, are those of the respective author(s) or distributor(s) and not of GaitherGraphix.com / JeffGaither.com. Neither GaitherGraphix.com / JeffGaither.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
6. Disclaimer of Warranties and Limitation of Liability.
a) EACH USER EXPRESSLY AGREES THAT THE USER’S USE OF THE SERVICE IS AT HIS OR HER SOLE RISK. NEITHER GAITHERGRAPHIX.COM / JEFFGAITHER.COM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, IF ANY, WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICE.
7. Links to Third Party Sites.
The Website may contain links to other web sites (“Linked Sites”). The Linked Sites are not under the control of GaitherGraphix.com / JeffGaither.com and GaitherGraphix.com / JeffGaither.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. GaitherGraphix.com / JeffGaither.com provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GaitherGraphix.com / JeffGaither.com of the Linked Site or any association with its operators.
8. Monitoring.
GaitherGraphix.com / JeffGaither.com has the absolute right, but not the obligation, to monitor material submitted or posted by Users to the Website and/or the User’s use of the Service to determine compliance with this Agreement and any other operating rules established by GaitherGraphix.com / JeffGaither.com. GaitherGraphix.com / JeffGaither.com has the right, in its sole discretion, to edit, refuse to post or remove any material submitted to or posted on the Website. Notwithstanding the above, each User remains solely responsible for the content of their messages and each User agrees that GaitherGraphix.com / JeffGaither.com neither assumes nor will have any liability for any action or inaction by GaitherGraphix.com / JeffGaither.com with respect to any conduct, communication or posting on the Website.
9. Indemnification.
Each User agrees to defend, indemnify, and hold harmless GaitherGraphix.com / JeffGaither.com, its affiliates, and their respective directors, officers, employees, attorneys and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Service by the User.
10. Termination.
Either GaitherGraphix.com / JeffGaither.com or User may terminate this Agreement at any time. User’s only right with respect to any dissatisfaction with (i) any terms and conditions of this Agreement or the GaitherGraphix.com / JeffGaither.com Privacy and Security Policy, (ii) any policy or practice of GaitherGraphix.com / JeffGaither.com in operating the Service, or (iii) any Content available through the Service or any change therein, is to terminate this Agreement by sending a written notice by email to jeff@gaithergraphix.com. Without limiting the foregoing, GaitherGraphix.com / JeffGaither.com has the right to immediately terminate this Agreement with respect to any User in the event of any conduct by User which GaitherGraphix.com / JeffGaither.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. The provisions of Paragraphs 3, 4, 5, 6, 7, 8, and 9 will survive termination of this Agreement.
11. Equipment.
Each User is solely responsible for obtaining and maintaining all equipment needed for access to and use of the Service, including, but not limited to, telephone and computer hardware and software, and each User is solely responsible for all charges related thereto.
12. Privacy.
See the GaitherGraphix.com / JeffGaither.com Privacy and Security Policy. By accepting this Website Agreement, User acknowledges that he or she has read the GaitherGraphix.com / JeffGaither.com Privacy and Security Policy and agrees to it.
13. Construction.
This Agreement and any operating rules for the Service established by GaitherGraphix.com / JeffGaither.com, including, but not limited to, the GaitherGraphix.com / JeffGaither.com Privacy and Security Policy, constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement and use of the Website in no way constitutes a joint venture, partnership, employment, or agency relationship between User and GaitherGraphix.com / JeffGaither.com. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect.
14. Applicable Law.
This Agreement will be construed in accordance with the laws of the Commonwealth of Kentucky, without regard to its conflict of laws rules. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement and the GaitherGraphix.com / JeffGaither.com Privacy and Security Policy. GaitherGraphix.com / JeffGaither.com makes no representation that the Service or products offered through the Website are appropriate or available for use outside the United States of America. Access to the Service and products offered through the Service from territories where the Service and/or products are illegal is prohibited.
15. Non-Waiver.
No waiver by either party of any breach or default hereunder will constitute a waiver of any preceding or subsequent breach or default.
16. Paragraph Headings.
The section headings used herein are for convenience only and are not to be given any legal import.
We value feedback from our users. If you have any questions or comments about the User Agreement for the Website, please email us at jeff@gaithergraphix.com
Privacy Statement
GaitherGraphix.com / JeffGaither.com Privacy and Security Policy
GaitherGraphix.com / JeffGaither.com respects the privacy of the individuals accessing the GaitherGraphix.com / JeffGaither.com website (the “Website”) and recognizes the importance of protecting their information. This Privacy and Security Policy describes GaitherGraphix.com / JeffGaither.com practices with respect to the collection and use of information. If you have any questions regarding this Privacy and Security Policy, please contact GaitherGraphix.com / JeffGaither.com by email at jeff@gaithergraphix.com. Please note that this Privacy and Security Policy is applicable only to GaitherGraphix.com / JeffGaither.com and the Website. The privacy policies of websites that are linked to the Website may vary and GaitherGraphix.com / JeffGaither.com assumes no responsibility for such policies.
Definitions.
• “Service” means the online information, including, but not limited to, product information or other Content, ordering information, email, messages, shopping and interactive services operated by GaitherGraphix.com / JeffGaither.com through the Website.
The collection of customer information.
GaitherGraphix.com / JeffGaither.com collects and uses the information of its customers to operate the Website and deliver products and services to its customers. Customer information, including names, addresses, phone numbers and email addresses, will be collected from the Users of the Website in several ways, each of which is intended to enhance the services provided by GaitherGraphix.com / JeffGaither.com to the Users of the Website. The type of information we gather online falls into three general categories, as described below.
a) General Tracking Information. GaitherGraphix.com / JeffGaither.com automatically collects information about a User’s online sessions, including the User’s IP, computer, and network addresses, browser type, domain names, the date, time and duration of the visit, and the web pages and other objects the User requests from the GaitherGraphix.com / JeffGaither.com.
Use of Customer Information.
GaitherGraphix.com / JeffGaither.com does not sell, lease, license or otherwise provide access to the information of its customers to third parties for profit. GaitherGraphix.com / JeffGaither.com only uses the information of its customers as follows:
a) GaitherGraphix.com / JeffGaither.com may share certain information with third-party agents or affiliated companies that assist GaitherGraphix.com / JeffGaither.com in providing services to its customers. For example, GaitherGraphix.com / JeffGaither.com may provide information to companies that provide billing or account statement services. All such third parties are required to maintain the confidentiality of customers’ information and to adhere to GaitherGraphix.com / JeffGaither.com policies regarding use of its customers’ information.
Correction of Customer Information.
You may review, correct, amend and/or ask questions about your identifying information by contacting GaitherGraphix.com / JeffGaither.com by e-mail at jeff@gaithergraphix.com. Each customer is responsible for ensuring that their information is accurate and complete.
Consent and Opt Out.
a) Consent.
Security Policy.
a) GaitherGraphix.com / JeffGaither.com may provide links to third-party websites as an added convenience to the User. Any link to a third-party website does not imply or convey endorsement of the third-party company or organization, its website, or its products or services. GaitherGraphix.com / JeffGaither.com is not responsible for the privacy, terms or use, or other policies of third-party websites.
We encourage users to explore and enjoy the GaitherGraphix.com / JeffGaither.com website. If you have any questions or comments about GaitherGraphix.com / JeffGaither.com. Privacy and Security Policy, please contact us by email at jeff@gaithergraphix.com.
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