PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (the "Site").
For Tax Exempt Organizations, please refer to Additional Terms and Conditions.
USER ACCOUNT ACTIVATION
In an effort to protect minors from online abuse and other dangers, users ages 13 and under must provide to ArtfulRainwaterDesign an email contact for a legal guardian (parent or other legally responsible individual) as part of the registration process. Upon receipt of such minor registration materials, ArtfulRainwaterDesign will contact the identified guardian of the minor registrant for authorization for creation of the account. Any falsification of age or guardian authorization by a potential user is immediate grounds for termination of the account and potential blocking of any future account registrations for IP Addresses involved in the fraudulent registration.
ArtfulRainwaterDesign reserves the right to refuse registration to any potential user. All potential users agree and warrant that all information provided as part of the registration process is true and accurate. Any falsification of information as part of a user registration is immediate grounds for termination of the account and potential blocking of any future account registrations for IP Addresses involved in the fraudulent registration.
Some features and services of the Site may require the submission of financial information, such as credit card or bank account information. Fraudulent use of financial information as part of any transaction is a crime under federal and state law and ArtfulRainwaterDesign will provide any and all information, including any and all correspondence and access related information to law enforcement personnel in the event of any such fraudulent activity. ArtfulRainwaterDesign has no obligation or responsibility to protect user information in the event of fraudulent activities. You (the User) hereby relieve and hold harmless ArtfulRainwaterDesign, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers from and against any and all liabilities, costs, fees, damages, awards, and penalties which may result from the disclosure of information to law enforcement personnel, and their agents or assigns, related to any investigation of fraudulent activity on the Site.
OWNERSHIP OF INTELLECTUAL PROPERTY; RESTRICTIONS ON USE
All site software, designs, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Materials") are the property of ArtfulRainwaterDesign and/or its subsidiaries, affiliates, assigns, licensors or other respective owners, and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.
Users are not permitted or authorized to copy, reproduce, republish, upload, post, transmit, or distribute Materials (or any portion thereof) in any way or by any mean. Modification of Materials or use of Materials for any purpose is a violation of ArtfulRainwaterDesign copyright and other proprietary rights.
For purposes of these Terms and Conditions, use of any Materials in any unauthorized manner (including, without limitation, on web pages or sites that contain paid or free advertisements, third-party endorsements of any kind or nature (including without limitation, endorsements of a religious, political, or social orientation nature), promotions, products, games, services, or other inappropriate content) is strictly prohibited.
ArtfulRainwaterDesign hereby grants you a personal, non-exclusive, non-assignable, revocable, non-transferable license to use and display, for noncommercial and personal use only, one copy of appropriately limited portions of the Materials and/or software that are downloadable from this Site, including, without limitation, any files, codes, audio, or images incorporated in or generated by or in conjunction with the Site and/or ArtfulRainwaterDesign, provided that that "Copyright 2000-2006 ArtfulRainwaterDesign. All Rights Reserved. Used With Permission" or "© 2000-2006 ArtfulRainwaterDesign. All Rights Reserved. Used With Permission" accompanies all copyrightable Materials and other notices are properly maintained. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, sell, decompile, reverse engineer, disassemble, or circulate any Materials to any third party (including, without limitation, display and distribute the Materials via a third party website) without ArtfulRainwaterDesign's express prior written consent. Unauthorized or prohibited exploitation of Materials will result in deletion of the offender's account from the Site, and may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
ArtfulRainwaterDesign respects the intellectual property of others, and we ask our users to do the same. ArtfulRainwaterDesign may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ArtfulRainwaterDesign's Copyright Agent with the following information (pursuant to the DMCA):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
ArtfulRainwaterDesign's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
181 Winesap Drive
Port Matilda, PA 16870
ARTFULRAINWATERDESIGN USE OF USER SUBMITTED MATERIALS
By uploading or otherwise submitting any materials to us and/or the Site, you (and your parents, if you're under age 18) automatically grant (or warrant that the owner of such rights has expressly granted) to ArtfulRainwaterDesign a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology (now known or hereafter developed or devised) throughout the universe. In addition, you warrant that all so-called "moral rights" and other rights recognized throughout the world (including without limitation, the European Community) in those materials have been waived.
CHATROOMS, MESSAGE BOARDS, AND USER INTERACTIVE COMPONENTS
You hereby understand and agree that ArtfulRainwaterDesign does not allow Postings that contain:
profanity, obscenities, or sexual content (express or implied)
religious, political, or social commentary
personal attacks on other people (individually or as a group)
slanderous, defamatory, obscene, pornographic, threatening and harassing suggestions, comments and/or images
petnames or account usernames that would be considered inappropriate under our Terms and Conditions.
materials created by someone else without their express written permission to do so
"cheat" or "hack" programs or information or links to sites claiming to have these solicitations of user passwords
solicitation of user passwords
private or personal information that might identify a user
links to third party commercial Web sites
online chat rooms anywhere on our site or links to sites with chat rooms that contain objectionable content
Promotions anywhere on the Site offering prizes of any kind. Promotions include, but are not limited to, contests, raffles, lotteries or giveaways, and "anywhere on our site" includes but is not limited to all user communication areas and onsite design webpages.
other information that ArtfulRainwaterDesign deems, in its sole discretion, to be inappropriate for this site.
You hereby further agree that you will not upload to, distribute through, or otherwise publish through or in conjunction with the Site, any Postings that are libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any person, or otherwise violate any law or give rise to liability. Further, you agree not to abuse our message board service by "spamming" (posting numerous identical messages) or by creating multiple accounts for the same pet or user. Moreover, you hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain.
The user interactive portions of the Site may be used for noncommercial purposes only. You are not permitted, without our express written approval, to distribute or otherwise publish any Postings containing any solicitation of funds, endorsements (including of a religious, political, sexual orientation, or social cause nature), promotions, or advertising (free or paid in money), or solicitations of any kind or nature. You specifically acknowledge that soliciting other ArtfulRainwaterDesign users to join or become members of any commercial online service or other organization or group (profit, non-profit, religious, social, political, or otherwise) is expressly prohibited. In the event of any soliciting of other users or members, ArtfulRainwaterDesign reserves the right to seek damages, including, but not limited to, attorney's fees and any and all profits obtained by the misuse of the Site.
You (and your parents, if you're under age 18) hereby authorize us to use, and to authorize others to use, your Postings and submitted opinions and materials in whole or in part, throughout the universe in perpetuity in any form, medium, or technology (now known or hereafter developed or devised throughout the universe) alone or together or as part of other Materials of any kind or nature. Without limiting the foregoing, you hereby grant to ArtfulRainwaterDesign the right to use and change the Postings in any manner that ArtfulRainwaterDesign may determine.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITEANDALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ARTFULRAINWATERDESIGN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ARTFULRAINWATERDESIGN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKES IT AVAILABLE AREFREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ARTFULRAINWATERDESIGN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE WITH REGARD TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. YOU (THE USER) ASSUME THE COMPLETE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ARTFULRAINWATERDESIGN, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY ARTFULRAINWATERDESIGN OR ANY THIRD PARTY.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL ARTFULRAINWATERDESIGN HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEEDING THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
THIRD PARTY LINKS
The appearance of external hyperlinks and/or other materials generated by third parties does not constitute an endorsement by ArtfulRainwaterDesign, its subsidiaries and affiliates, of the opinions or views expressed by these third party web sites. ArtfulRainwaterDesign explicitly disclaims any responsibility for the accuracy, content, availability, currency, completeness or quality of the content contained at these sites. Further, ArtfulRainwaterDesign is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither ArtfulRainwaterDesign nor its subsidiaries and affiliates are responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites.
ArtfulRainwaterDesign encourages discretion when browsing the Internet using anyone's service. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, ArtfulRainwaterDesign cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against ArtfulRainwaterDesign with respect to such sites. THEREFORE, UNDER NO CIRCUMSTANCES WILL ARTFULRAINWATERDESIGN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN THESE THIRD PARTY HYPERLINKED SITES.
UNAUTHORIZED LINKS TO SITE
ArtfulRainwaterDesign allows users to link their personal web sites to the ArtfulRainwaterDesign.com homepage (http://www.ArtfulRainwaterDesign.net) and to their own individual pet sites within the ArtfulRainwaterDesign.com domain. However, by using this website, you specifically agree not to link to any other pages within the ArtfulRainwaterDesign.com site without ArtfulRainwaterDesign's express written approval. If you do not receive such express written approval prior to linking to an internal page on ArtfulRainwaterDesign.com, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from linking to any unauthorized internal pages from the ArtfulRainwaterDesign.com site.
DENIAL OF ACCESS
ArtfulRainwaterDesign, for any reason and at its sole discretion, may decide that any person shall be denied access to any part of the ArtfulRainwaterDesign.com site. The sending of an e-mail notice by ArtfulRainwaterDesign to any e-mail address used by a person who is subject to the denial shall constitute complete and sufficient notice of the denial. By agreeing to these Terms and Conditions, you agree to cease and desist immediately from any attempt to access the site upon issuance of a denial. If you do not cease and desist, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from attempting to access the ArtfulRainwaterDesign.com site.
You agree to indemnify, defend and hold harmless ArtfulRainwaterDesign, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions by you. ArtfulRainwaterDesign reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with ArtfulRainwaterDesign in asserting any available defenses.
You acknowledge and agree that you are not permitted under any circumstances or for any reason to cheat or utilize third-party games or code in order to win at, or gain Prizes or Items from any ArtfulRainwaterDesign sponsored game or contest. You agree not to design, disseminate or use any third party programs designed to change format, nature or operation of the site including, but without limitations, programs such as autobuyers, flash game cheats, autofreshers, and snipers. Any use, dissemination or design of such programs is a breach of these Terms and you will be responsible for any resulting damages to ArtfulRainwaterDesign. You agree that if you disseminate, design or assist in the design or dissemination of a third party program that changes format, nature or operation of the site, you will pay ArtfulRainwaterDesign liquidated damages in the sum of Fifty Thousand Dollars ($50,000) for each such program as liquidated damages. You agree that if you use such a program on the ArtfulRainwaterDesign.com website, you will pay ArtfulRainwaterDesign liquidated damages in the sum of Five Hundred Dollars ($500) for each time you use a program.
ArtfulRainwaterDesign operates and controls the Site from its offices in Port Matilda, Pennsylvania, in the United States of America. ArtfulRainwaterDesign makes no representation that the Site is appropriate or available in other locations. Accordingly, those persons who choose to access the 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. Software from this Site may be subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
These Terms and Conditions contain the entire understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from ArtfulRainwaterDesign if, in our sole discretion, you fail to comply with any term or provision of these Terms and Conditions. Upon such termination, you must destroy all Materials obtained from this Site (or any other web site or source), and all copies thereof, whether or not made under the terms of this Agreement.
If any provision of these Terms and Conditions is found to be illegal or unenforceable, the Terms and Conditions will be curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.
The Terms and Conditions and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the Commonwealth of Pennsylvania applicable to contracts executed and performed entirely therein (without regard to any principles of conflicts of laws). You hereby agree that any action at law or in equity arising out of or relating to these Terms and Conditions or the site shall be filed only in the state or federal courts located in the Middle District of the Commonwealth of Pennsylvania or the County of Centre, Commonwealth of Pennsylvania as appropriate. Further, you hereby expressly consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
ArtfulRainwaterDesign reserves the right to revise or otherwise modify these terms and conditions at any and all times. Continued use of the Site after posting of any revised terms and conditions on the Site constitutes your acceptance of the new terms and conditions. ArtfulRainwaterDesign has no obligation or responsibility to provide personal notice of any alteration or changes in the terms and conditions upon which use of this Site shall be governed. Users wishing to reject any revised terms and conditions must delete their User account immediately.
Updated: January 16, 2006.