Snowfall Press, LLC is pleased to offer this Web Site as a resource for our Users' education and benefit. These Terms and Conditions ('Terms and Conditions') are legal obligations that govern your (the 'User') use of this Web Site (the 'Web Site') and are subject to change by Snowfall Press at any time in its discretion. Please consult these Terms and Conditions regularly. These Terms and Conditions were last updated Aug 9, 2009.
B. ACCEPTANCE OF TERMS AND CONDITIONS.
By using this Web Site, User represents that you have read and agree to be bound by, and to comply with, the Web Site Terms and Conditions and any other Web Site rules or guidelines which Snowfall Press may implement. You may review the most current version of the Terms and Conditions by clicking the hypertext link located in the main navigation menu and at the bottom of the page of our Web pages.
C. PERMITTED USE AND RESTRICTIONS.
User has a nonexclusive, nontransferable, limited, and revocable right to use this Web Site solely for User's personal educational, informational, and entertainment use. User will not use the Web Site for any other purpose, including any commercial purpose, without the Company's express prior written consent. For example, User will not, and will not authorize any other person to (a) Co-brand the Web Site or any portion thereof, or (b) frame the Web Site or any portion thereof (where the Web Site or a portion thereof will appear on the same screen with a portion of another Web Site). 'Co-branding' means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give a User the impression that such other party has the right to display, publish, or distribute the Web Site or content accessible within the Web Site (the 'Content'). User agrees to cooperate fully with Snowfall Press in causing any unauthorized Co-branding, framing or linking to immediately cease.
All User's must comply with the Terms and Conditions of the Web Site. Snowfall Press, in its sole discretion, reserves the right to terminate User's use of the Web Site Services if:
User does not comply with the Web Site Terms and Conditions
User uses Web Site Services for any illegal purpose
User engages in any activity that Snowfall Press finds to be harmful or interferes with another party's use of the Web Site or Services
User uses Web Site Services in a manner that could impair or disable Snowfall Press servers or network
User attempts unauthorized access to any Web Site Services, accounts or computer systems connected to Snowfall Press Services through any means, including hacking or password mining
D. PROPRIETARY INFORMATION.
User acknowledges and agrees that the Content accessible within this Web Site is the proprietary information of Snowfall Press and its content providers, and that Snowfall Press and its content providers retain all right, title, and interest in the Content. Accordingly, User will not reproduce, transmit, publish or distribute such Content to any third party without the express prior written consent of Snowfall Press or the applicable content provider except that User may print out a copy of Content solely for User's personal use. In doing so, User will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.
User will have access to a variety of sources on this Web Site of Content available through the Internet. Snowfall Press has made no effort to verify the accuracy or suitability of any information contained in any such sources. Accordingly, the Snowfall Press will have no liability or responsibility whatsoever for any Content contained within any such sources. User accesses, uses, and relies upon such Content at User's own risk. User understands further that the Internet contains unedited materials, some of which are sexually explicit or may be offensive. User accesses such materials at User's risk. Snowfall Press has no control over and accepts no responsibility whatsoever for such materials.
User understands that, except for information, products or services clearly identified as being supplied by Snowfall Press, the company does not operate, control or endorse any information, products or services on the Internet in any way. User also understands that the Snowfall Press cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Each User is responsible for implementing sufficient procedures and checkpoints to satisfy User's particular requirements for accuracy of data input and output, and for maintaining a means external to the Web Site for the reconstruction of any lost data. Snowfall Press does not assume any responsibility or risk for User's use of the Internet.
SNOWFALL PRESS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO ANY CONTENT ACCESSIBLE WITHIN OR THROUGH THE WEB SITE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
F. REGISTRATION AND PRIVACY.
The Snowfall Press Web Site may require the User to register for certain Services offered on this Web Site. The User must provide current, complete and accurate information as required by the applicable registration form.
G. USE OF SERVICES.
The Services are for your personal use, only, except where otherwise expressly provided and are not intended for Users under the age of 18. The products, services, software and information obtained from the Services may not be sold, transferred, licensed, reproduced, displayed, published, distributed, copied, performed or modified by you, or used to create derivative works unless otherwise specified explicitly.
You agree to use the Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Service. As examples of improper use, you agree not to:
Post any material which threatens or abuses others, or which is defamatory, harassing, libelous, obscene, pornographic, indecent, profane or which is invasive of another's privacy, inappropriate, illegal or otherwise violates the legal rights of others or to collect or store personally identifying information about other users including email addresses for commercial or unlawful purposes.
Post, upload, disseminate or use in any manner that infringes anyone's proprietary rights, any material for which the User does not have the right to post, including proprietary material protected by any intellectual property laws, copyright or trademark laws (or by rights of privacy or publicity) unless User owns or controls the rights thereto or has received all necessary approvals.
Sell, transfer, license, reproduce, display, publish, distribute, copy, modify or create derivative works from the Content or Services available on this Web Site without prior express written authorization.
Delete or falsify any copyright information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is either downloaded or uploaded.
Reverse engineer or otherwise break into or hack the Web Site or to use Web Site Content, products or Services for any illegal activity.
Post any material which advocates illegal activity or discusses intent to commit an illegal act.
Post any material which does not pertain directly to the subject matter of the particular forum.
Use the Web Site Content or Services in connection with advertising for any business purpose or commercial solicitation including surveys, contests, raffles, games, 'pyramid schemes,' chain letters, junk email, spamming or any duplicative or unsolicited messages.
Impersonate anyone, employ misleading addresses or false information and that the User is truthful in formation disclosed on the Web Site.
Upload, post, e-mail or otherwise transmit files that contain so-called viruses, Trojan horses, worms, time bombs, trap doors, corrupted files, or any other similar software or programs that may damage the operation of anyone's computer or property or adversely affect the quality, performance or functionality of the Services.
Snowfall Press is not required to monitor the Web Site Services or Content. However, Snowfall Press reserves the right to review and remove materials posted to the Web Site Services in its sole discretion.
Use of the Snowfall Press Web Site is at the sole discretion of Snowfall Press. Snowfall Press reserves the right to terminate use of any User at any time. In its sole discretion, Snowfall Press may disclose any information it deems necessary or appropriate to satisfy any applicable law, regulation, legal process or governmental request, or refuse to post, remove or edit any materials, in whole or in part.
H. SOFTWARE AVAILABLE ON THIS WEB SITE.
Any software ('Software') that is made available to download from this Web Site is the copyrighted work of Snowfall Press, its suppliers and/or Users. An end user license agreement ('License Agreement')is included with all Software and governs its use. The end user must review and agree to the License Agreement prior to the Software installation and use. The Software is made available for download solely for use by end users according to the terms of the License Agreement.
COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE APPLICABLE LICENSE AGREEMENT. VIOLATORS WILL BE PROSECUTED TO THE MAXIMUM EXTENT OF THE LAW.
SNOWFALL PRESS AND ITS CONTRIBUTORS MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF SOURCE CODE FOR ANY PURPOSE. SOFTWARE IS PROVIDED BY S AND ITS CONTRIBUTORS 'AS IS' WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, FREE OF DEFECTS OR NON-INFRINGING. IN NO EVENT SHALL SNOWFALL PRESS AND ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUE GOODS OR SERVICES; LOSS OF USE, DATA OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
I. DOCUMENTS AVAILABLE ON THIS WEB SITE.
Snowfall Press grants you permission to use documents (such as white papers, press releases and FAQs) from the Services ('Documents'), provided that (1) the copyright notice shown below appears in all copies and that both the copyright notice and this permission notice appear; (2) no modifications of any Documents are made, and; (3) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media without the express prior written consent of Snowfall Press. Accredited educational institutions may download and reproduce the Documents for distribution in the classroom, but distribution outside the classroom requires prior written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
SNOWFALL PRESS ITS CONTRIBUTORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. WEB SITE DOCUMENTS AND RELATED GRAPHICS MAY INCLUDE TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, FREE OF DEFECTS OR NON-INFRINGING. IN NO EVENT SHALL SNOWFALL PRESS AND ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSE OF USE, DATA OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF OR IN CONNECTIONWITH THE USE OF THE WEB SITE DOCUMENTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Documents specified above do not include the design or layout of the snowfallpress.com web site, or any other Snowfall Press owned, operated, licensed or controlled site. Elements of Snowfall Press Web sites are protected by copyright, trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part unless otherwise specified. No logo, graphic, sound or image from any Snowfall Press Web site may be copied or retransmitted unless express prior permission is granted by Snowfall Press.
I. UNSOLICITED IDEA SUBMISSION POLICY.
Do not send your unsolicited ideas or works to anyone at Snowfall Press. Any unsolicited ideas or work submitted to Snowfall Press will not be treated as confidential or proprietary and Snowfall Press will have no obligation to those who submit unsolicited ideas or work.
J. LINKS TO THIRD PARTY SITES.
For our Users' convenience, Snowfall Press may provide hot links within the Web Site as a direct connection to other web site content available the Internet. The linked sites are not under Snowfall Press control, and as such, Snowfall Press is not responsible for the content or changes to any linked site. The inclusion of any linked site does not imply a site or product endorsement by Snowfall Press. Snowfall Press is not responsible for web casting or any other form of transmission received from any linked site.
Snowfall Press, and/or other Snowfall Press products referenced herein are either registered trademarks or common law trademarks of Snowfall Press in the U.S., the European Union and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Use of the company names and products on this Web Site does not constitute an endorsement by Snowfall Press.
L. INDEMNITY AND RELEASE.
By using the Services, User agrees to indemnify and hold Snowfall Press, its affiliates, owners, directors, employees, Licensors, content providers, service providers and contractors (the 'Indemnified Parties') harmless from any breach of these Terms and Conditions by User, including any use of Content other than as expressly authorized in these Terms and Conditions. User agrees that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and agrees to indemnify any and all resulting loss, claims, demands, damages, judgments, awards, costs, expenses of any kind or nature whatsoever whether known or unknown, suspected or unsuspected, disclosed or undisclosed and attorneys' fees of the Indemnified Parties in connection therewith. User will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising our of User's use of the information accessed from the Web Site.
YOU HEREBY AGREE TO WAIVE ALL LAWS WHICH MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CODE SECTION 1542, WHICH PROVIDES:
'A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.'
These Terms and Conditions may be amended only by Snowfall Press.
The headings of sections of these Terms and Conditions of this Agreement are for ease of reference only and shall not be admissible in any action to alter, modify or interpret the contents of any Section thereof.
If any section or provision of this Agreement be held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such section or provision of this Agreement shall be deemed severed from this Agreement and the validity of the remainder of this Agreement shall not be affected thereby.
This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado applicable to contracts made and to be enforced wholly within such state.
Submission to Jurisdiction.
The parties to this Agreement each specifically consent to jurisdiction in Colorado in connection with any dispute between the parties arising out of this Agreement or pertaining to the subject matter thereof.
In the event of a breach or threatened breach of these Terms and Conditions, Snowfall Press shall have all applicable equitable as well as legal remedies.
N. LIMITATION OF LIABILITY.
To the maximum extent permitted by applicable law, Snowfall Press, its Licensor's, service providers, content providers, employees, agents, officers and directors will not be liable for any incidental, indirect, consequential, or special or punitive damages, including loss of revenue, income, profits or business information, pain and suffering, emotional distress or similar damages, arising out of the use of or inability to use the services or the provision or failure to provide the services, even if Snowfall Press has been advised of the possibility of such damages. In no event will the collective liability of Snowfall Press and its Licensors, service providers, content providers, employees, agents, officers and directors to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed the amount User has paid to Snowfall Press for the applicable Content or service out of which liability arose. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to the User. In such states and jurisdictions, Snowfall Press liability shall be limited to the greatest extent permitted by law.
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Any rights not expressly granted herein are reserved.
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