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General:
This site was created by Sanborn Web Designs�, A Sanborn Corporation
and contains copyrighted material, trademarks and other proprietary
information, including, but not limited to, text, software,
photos, video, graphics, music and sound, and the entire contents
of this Hearts Desire Glassworks site
is copyrighted as a collective work under the United States
copyright laws. Hearts Desire Glassworks owns a copyright in the selection, coordination, arrangement
and enhancement of such content, as well as in the content
original to it and is protected by U.S. and international
copyright and trademark laws.
Site Visitors or Subscribers may not modify, publish, transmit,
participate in the transfer or sale, create derivative works,
or in any way exploit, any of the content, in whole or in
part. Site Visitors or Subscribers may download copyrighted
material for Site Visitor's or Subscriber's personal use only.
Except as otherwise expressly permitted under copyright law,
no copying, redistribution, retransmission, publication or
commercial exploitation of downloaded material will be permitted
without the express permission of Hearts Desire Glassworks
and the copyright owner. In the event of any
permitted copying, redistribution or publication of copyrighted
material, no changes in or deletion of author attribution,
trademark legend or copyright notice shall be made.
Site Visitor or Subscriber acknowledges that it does not acquire
any ownership rights by downloading copyrighted material. Hearts Desire Glassworks shall have
the right at any time to change or discontinue any aspect
or feature of this site, including, but not limited to, content,
hours of availability, and equipment needed for access or
use.
Subscriber Conduct
Subscriber shall use the Hearts Desire Glassworks
site for lawful purposes only. Subscriber shall
not provide for posting or transmit through this site any
material which violates or infringes in any way upon the rights
of others, which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene,
profane or otherwise objectionable, which encourages conduct
that would constitute a criminal offense, give rise to civil
liability or otherwise violate any law, or which, without Hearts Desire Glassworks
express prior
approval, contains advertising or any solicitation with respect
to products or services.
Any conduct by a Site Visitor or Subscriber that in Hearts Desire Glassworks
discretion restricts
or inhibits any other Site Visitor or Subscriber from using
or enjoying of this Hearts Desire Glassworks site will not be permitted. Subscriber or Site Visitor shall
not use this site to advertise or perform any commercial solicitation,
including, but not limited to, the solicitation of users to
become subscribers of other on-line information services competitive
with this Hearts Desire Glassworks site.
Subscriber shall not provide for posting or otherwise make
available on any Hearts Desire Glassworks sites any material protected by copyright, trademark or other
proprietary right without the express permission of the owner
of the copyright, trademark or other proprietary right and
the burden of determining that any material is not protected
by copyright rests with Subscriber. Subscriber shall be solely
liable for any damage resulting from any infringement of copyrights,
proprietary rights, or any other harm resulting from such
a submission.
By submitting material to any public area of a Hearts Desire Glassworks
site, or via email to any Hearts Desire Glassworks email address, the subscriber
or site visitor automatically grants, or warrants that the
owner of such material has expressly granted Hearts Desire Glassworks
the royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify,
adapt, publish, translate and distribute such material (in
whole or in part) worldwide and/or to incorporate it in other
works in any form, media or technology now known or hereafter
developed for the full term of any copyright that may exist
in such material.
Subscriber also permits any other Site Visitor or Subscriber
to access, view, store or reproduce the material for that
Site Visitor's or Subscriber's personal use. Subscriber hereby
grants Hearts Desire Glassworks the
right to edit, copy, publish and distribute any material made
available on a Hearts Desire Glassworks site by Subscriber.
Third Party:
Content Hearts Desire Glassworks, depending
upon the site, is a distributor (and not a publisher) of content
supplied by third parties and Subscribers. Accordingly, Hearts Desire Glassworks
has no more editorial
control over such content than does a public library, bookstore,
or newsstand.
Any opinions, advice, statements, services, offers, or other
information or content expressed or made available by third
parties, including information providers, Subscribers or any
other user of a Hearts Desire Glassworks site, are those of the respective
author(s) and not of Hearts Desire Glassworks. Neither Hearts Desire Glassworks
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. In many instances, the content available
through any Hearts Desire Glassworks site represents the opinions and judgments of the respective
information provider, Subscriber, or other user not under
contract with Hearts Desire Glassworks. Hearts Desire Glassworks
neither endorses
nor is responsible for the accuracy or reliability of any
opinion, advice or statement made on this Hearts Desire Glassworks
site by anyone other than authorized
by Hearts Desire Glassworks. Under no
circumstances will Hearts Desire Glassworks be liable for any loss or damage caused by a Site Visitor's
reliance on information obtained through this Hearts Desire Glassworks
site. �
It is the responsibility of Site Visitors to evaluate the
accuracy, completeness or usefulness of any information, opinion,
advice or other content available through site. Please seek
the advice of professionals, as appropriate, regarding the
evaluation of any specific information, opinion, advice or
other content.
Discussion/Message Forums:
This Hearts Desire Glassworks site may
include Discussion/Message Forums hosted on a third party
server which allow feedback to Hearts Desire Glassworks
and real-time interaction between users. Hearts Desire Glassworks
does not control
the messages, information or files delivered to the Discussion/Message
Forums. It is a condition of your use of the Discussion/Message
Forums and this Web site that you do not: Restrict or inhibit
any other user from using and enjoying the Discussion/ Message
Forums.
Post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane or indecent
information of any kind, including without limitation any
transmissions constituting or encouraging conduct that would
constitute a criminal offense, give rise to civil liability
or otherwise violate any local, state, national or international
law.
Post or transmit any information, software or other material
which violates or infringes upon the rights of others, including
material which is an invasion of privacy or publicity rights
or which is protected by copyright, trademark or other proprietary
right, or derivative works with respect thereto, without first
obtaining permission from the owner or right holder.
Post or transmit any information, software or other material
which contains a virus or other harmful component.
Post, transmit or in any way exploit any information, software
or other material for commercial purposes, or which contains
advertising.
You understand that Hearts Desire Glassworks has no obligation to monitor the Discussion/Message Forums.
However, Hearts Desire Glassworks reserves
the right at all times to disclose any information as necessary
to satisfy any law, regulation or governmental request, or
to edit, refuse to post or to remove any information or materials,
in whole or in part, that in Hearts Desire Glassworks
sole discretion are objectionable or in violation
of these terms and conditions and the terms and conditions
imposed upon Hearts Desire Glassworks by any third party service provider.
Site Links Disclaimer:
This Hearts Desire Glassworks site may
provided links to Internet sites maintained by third parties.
Neither Hearts Desire Glassworks, or
any subsidiary companies operate or control (unless so stated)
in any respect to any information, products or services on
these third-party sites and Hearts Desire Glassworks, is not responsible for any links contained
in the Third Party Site or any changes or updates to Third
Party Sites or Links contained therein.
Hearts Desire Glassworks, provides these
links to you only as a convenience. The materials in this
site 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, Hearts Desire Glassworks
disclaims all warranties, express
or implied, including, but not limited to, implied warranties
of merchantability and fitness for a particular purpose. Hearts Desire Glassworks
does not warrant
that the functions contained in the materials will be uninterrupted
or error-free, that defects will be corrected, or that this
site, including bulletin boards, or the server that makes
it available, are free of viruses or other harmful components.
You (and not Hearts Desire Glassworks)
assume the entire cost of all necessary maintenance, repair
or correction.
Limitation of liability:
Under no circumstances, including, but not limited to, negligence,
shall Hearts Desire Glassworks, any
subsidiaries be liable for any direct, indirect, incidental,
special or consequential damages that result from the availability
of, the use of, or the inability to use, this Hearts Desire Glassworks
site or materials. You specifically
acknowledge and agree that Hearts Desire Glassworks
is not liable for any defamatory, offensive
or illegal conduct of any Site Visitor or Subscriber.
If you are dissatisfied with any material on this Hearts Desire Glassworks
site, or with any of
the terms and conditions for use of this Hearts Desire Glassworks
site, your sole and exclusive remedy
is to discontinue using this Hearts Desire Glassworks
site. Hearts Desire Glassworks shall have the right at any time to change or
modify the terms of this service agreement applicable to the
use of this Hearts Desire Glassworks site, or any part thereof, or to impose new conditions, including,
but not limited to, adding fees and charges for use. Such
changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by means
including, but not limited to, posting on this Hearts Desire Glassworks
site, or by electronic or conventional
mail, or by any other means by which Site Visitor or Subscriber
obtains notice thereof. Any use of this Hearts Desire Glassworks
site by Site Visitor or Subscriber
after such notice shall be deemed to constitute acceptance
by Subscriber of such changes, modifications or additions.
Endorsements:
The appearance of any advertisement or specific company logos/trademarks
on this Hearts Desire Glassworks site
is not an endorsement of this Hearts Desire Glassworks
site by said advertisers or owners of said company
logos/trademarks.
Trademarks:
Hearts Desire Glassworks is a trademark of Hearts Desire Glassworks.
Microsoft� products referenced herein are either trademarks
or registered trademarks of Microsoft. Other product and company
names mentioned herein may be the trademarks of their respective
owners.
Other:
This Agreement and any operating rules for a Hearts Desire Glassworks
site established by Hearts Desire Glassworks constitute the entire agreement
of 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
shall be governed by and construed in accordance with the
laws of the State of Wisconsin without giving effect to any principles
or conflicts of law. 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.
No waiver by either party of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent
breach or default. The section headings used herein are for
convenience only and shall not be given any legal import.
Any rights not expressly granted herein are reserved.
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