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AGREEMENT BETWEEN USER AND Gumdrop Books
The Gumdrop Books Web Site is comprised of various Web pages operated by Gumdrop BooksTM.
The Gumdrop Books Web Site is offered to you conditioned on your acceptance without modification of the
terms, conditions, and notices contained herein. Your use of the Gumdrop Books Web Site constitutes your
agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Gumdrop BooksTM reserves the right to change the terms, conditions, and notices under which the
Gumdrop Books Web Site is offered, including but not limited to the charges associated with the use of the Gumdrop
Books Web Site.
LINKS TO THIRD PARTY SITES
The Gumdrop Books Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not
under the control of Gumdrop BooksTM and Gumdrop BooksTM 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. Gumdrop BooksTM is not responsible for webcasting or any other form of
transmission received from any Linked Site. Gumdrop BooksTM is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by Gumdrop BooksTM of the site
or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Gumdrop Books Web Site, you warrant to Gumdrop BooksTM that you will not
use the Gumdrop Books Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the Gumdrop Books Web Site in any manner which could damage, disable, overburden, or impair the
Gumdrop Books Web Site or interfere with any other party's use and enjoyment of the Gumdrop Books Web Site. You may not
obtain or attempt to obtain any materials or information through any means not intentionally made available or provided
for through the Gumdrop Books Web Sites.
USE OF COMMUNICATION SERVICES
The Gumdrop Books Web Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed to enable you to
communicate with the public at large or with a group (collectively, "Communication Services"), you agree to
use the Communication Services only to post, send and receive messages and material that are proper
and related to the particular Communication Service. By way of example, and not as a limitation, you agree
that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
information.
- Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control
the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any 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 uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
- Violate any applicable laws or regulations.
Gumdrop BooksTM has no obligation to monitor the Communication Services. However, Gumdrop BooksTM
reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.
Gumdrop BooksTM reserves the right to terminate your access to any or all of the Communication Services at any
time without notice for any reason whatsoever.
Gumdrop BooksTM reserves the right at all times to disclose any information as necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in Gumdrop Books's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in
any Communication Service. Gumdrop BooksTM does not control or endorse the content, messages or
information found in any Communication Service and, therefore, Gumdrop BooksTM specifically disclaims
any liability with regard to the Communication Services and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized Gumdrop BooksTM spokespersons, and their
views do not necessarily reflect those of Gumdrop BooksTM.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or
dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Gumdrop Books OR POSTED AT ANY Gumdrop Books WEB SITE
Gumdrop BooksTM does not claim ownership of the materials you provide to Gumdrop BooksTM
(including feedback and suggestions) or post, upload, input or submit to any Gumdrop Books Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are
granting Gumdrop BooksTM, its affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses including, without limitation, the rights to:
copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat
your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Gumdrop BooksTM
is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in
Gumdrop Books's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own
or otherwise control all of the rights to your Submission as described in this section including, without limitation,
all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Gumdrop Books WEB SITE
MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
Gumdrop Books AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Gumdrop Books WEB SITE AT ANY
TIME. ADVICE RECEIVED VIA THE Gumdrop Books WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR
FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Gumdrop Books AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
Gumdrop Books WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
Gumdrop Books AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Gumdrop Books AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE
OR PERFORMANCE OF THE Gumdrop Books WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Gumdrop Books WEB SITE OR RELATED
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE Gumdrop Books WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Gumdrop Books
WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Gumdrop Books OR ANY OF
ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE Gumdrop Books WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Gumdrop Books WEB SITE.
SERVICE CONTACT : barry@gumdropbooks.com
TERMINATION/ACCESS RESTRICTION
Gumdrop BooksTM reserves the right, in its sole discretion, to terminate your access to the Gumdrop
Books Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to
the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out
of or relating to the use of the Gumdrop Books Web Site. Use of the Gumdrop Books Web Site is unauthorized in any
jurisdiction that does not give effect to all provisions of these terms and conditions, including without
limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists
between you and Gumdrop BooksTM as a result of this agreement or use of the Gumdrop Books Web Site.
Gumdrop Books's performance of this agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of Gumdrop Books's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the Gumdrop Books Web Site or information provided to or gathered by
Gumdrop BooksTM with respect to such use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, 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 the
agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement
between the user and Gumdrop BooksTM with respect to the Gumdrop Books Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written, between the user and
Gumdrop BooksTM with respect to the Gumdrop Books Web Site. A printed version of this agreement and of any
notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating
to this agreement to the same extent an d subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express wish to the parties that this agreement
and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Gumdrop Books Web Site are:
Copyright 2007 Gumdrop Books/Central Programs Inc. and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No
association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement
under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
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