Terms of Use Policy
This Terms of Service
Agreement (hereinafter referred to as the "Agreement") sets forth the
contractual agreement between The Winged Quill.blogspot.com (referred to herein
collectively as "The Winged Quill.blogspot.com" "we,"
"us," "our") and you (referred to herein collectively as
"company," "you," "your", "customer",
"employer," "user" and/or "registered user"),
regarding your access and use of The Winged Quill.blogspot.com blog.
The following are the terms and conditions applicable to your access and use of
the Blog and the services offered by The Winged Quill.blogspot.com. The terms
and conditions also apply to any new services which may be offered by the Blog
in the future.
Your use of our services indicates your agreement to abide by our most recent
Terms of Service Agreement as displayed on this blog.
The Blog and all related services offered through The Winged Quill.blogspot.com
are offered to you conditioned on your acceptance without any modification to
the terms and conditions contained in this Agreement. If you do not accept the
terms and conditions contained in the Agreement in their entirety, you are not
authorized to view or use this blog.
From time to time, we may revise this Agreement, so please be sure to
periodically check the date of the last revision, which will be noted at the
top of this page. By visiting the Blog, you are acknowledging and accepting
this Agreement. Your continued use of the Blog after changes have been posted
to the Agreement will constitute your acceptance of any such changes.
Disclaimer: The Winged
Quill.blogspot.com is only a venue
The Winged
Quill.blogspot.com blog is a Web-based venue. We are not involved in any
transaction between users of the Blog. While this Agreement requires that users
provide accurate and complete information about themselves, The Winged
Quill.blogspot.com cannot and does not confirm each user's identity and makes
no inquiries about the truth or accuracy of the information provided by users
of The Winged Quill.blogspot.com. By using this Blog, you agree that The Winged
Quill.blogspot.com shall have no liability or responsibility whatsoever for any
transactions entered between you and any other user. The Winged
Quill.blogspot.com has no involvement whatsoever in payment for services
performed by any user. You further agree that The Winged Quill.blogspot.com
shall have no liability or responsibility for any disputes that may arise
between users.
Acceptable Use Policy
As consideration for
use of the Blog pursuant to this Agreement, you agree to the following
stipulations relating to acceptable use of the Blog. You agree not to use the
Blog to:
1.
Collect email
addresses or other contact information of other users of The Winged
Quill.blogspot.com by electronic or other means to send unsolicited emails or
other unsolicited communications;
2.
Use The Winged
Quill.blogspot.com in any unlawful manner or in any other manner that could
damage, disable, or impair the Blog;
3.
Use automated scripts
to collect information from or otherwise interact with The Winged
Quill.blogspot.com;
4.
Post, upload,
transmit, share, store, or otherwise make available any content that we deem to
be unlawful, defamatory, infringing, harmful, threatening, abusive,
inflammatory, harassing, vulgar, obscene, pornographic, erotic, drug-related,
fraudulent, invasive of privacy or publicity rights, hateful, or racially,
ethnically or otherwise objectionable;
5.
Impersonate any person
or entity, or falsely state or otherwise misrepresent yourself, your age or
your affiliation with any person or entity;
6.
Post, upload,
transmit, share, store, or otherwise make publicly available on The Winged
Quill.blogspot.com any private information of any third party, including,
addresses, phone numbers, email addresses, Social Security numbers, and credit
card numbers;
7.
Post, upload, share,
transmit, or otherwise make available any material that contains software
viruses or any other computer code, files, or programs designed to interrupt,
destroy, or limit the functionality of any computer software or hardware or
telecommunications equipment;
8.
Intimidate or harass
another;
9.
Post, upload,
transmit, share, store, or otherwise make available content that would
constitute, encourage or provide instructions for a criminal offense, violate the
rights of any party, or that would otherwise create liability or violate any
local, state, national or international law;
10.
Solicit personal
information from anyone under 18 or solicit passwords or personally identifying
information for commercial or unlawful purposes;
11.
Use or attempt to use
another's account, service or system without authorization from The Winged
Quill.blogspot.com, or create a false identity on The Winged
Quill.blogspot.com.
12.
Post, upload,
transmit, share, store, or otherwise make available content that, in the sole
judgment of The Winged Quill.blogspot.com, is objectionable or which restricts
or inhibits any other person from using or enjoying the Blog, or which may
expose The Winged Quill.blogspot.com or its users to any harm or liability of
any type.
13.
Termination
The Winged
Quill.blogspot.com may suspend, terminate, cancel, or delete any and all
information, services and your account for any reason, or no reason, at any
time in its sole discretion, with or without notice. Upon termination of your
account, your right to use the Blog and The Winged Quill.blogspot.com's
services will immediately end. The provisions in this Agreement that by their
nature should survive termination shall survive termination, including, but not
limited to, ownership provisions, warranty disclaimers, indemnity, and
limitations of liability.
Passwords
You are responsible
for choosing and safeguarding the password you use to access The Winged
Quill.blogspot.com and for any activities or use under your password. The
Winged Quill.blogspot.com encourages the use of "strong passwords"
i.e., passwords that have a combination of numbers, symbols, and upper and
lower case letters. The Winged Quill.blogspot.com shall not be liable for any
loss or damage arising from your choice of a password.
Privacy and
Confidentiality
1.
You are solely
responsible for information that you post on our Blog including, but not
limited to, any posting or listing in any public areas of the Blog. The Winged
Quill.blogspot.com does not claim ownership of information you provide or post
on the Blog. However, in order for The Winged Quill.blogspot.com to use the
personal information you provide to us and the information you post to the
Blog, so that we are not violating any rights you may have with regard to that
information, you agree to grant The Winged Quill.blogspot.com a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free right to exercise the copyright
and publicity rights you have in the personal information you provide to us and
the information you post on the Blog. The Winged Quill.blogspot.com will only
use the personal information in accordance with our Privacy Policy.
2.
The Winged
Quill.blogspot.com does not endorse any information posted by users and we are
not liable for any such information posted on our blog, including but not
limited to any information posted about you, or any information you rely upon
in entering into any dealings with another user. Other users' information or
postings may be negative, offensive, harmful, inaccurate, or in some cases may
be mislabeled or deceptively labeled, and you agree that The Winged
Quill.blogspot.com shall have no liability for such information or postings.
Information on the The Winged Quill.blogspot.com blog is provided "AS
IS" "WHERE IS," and may contain errors.
3.
The Winged
Quill.blogspot.com reserves the right to take any action with respect to
information posted on our blog that we believe is appropriate in our sole
discretion with respect to such information, including but not limited to,
removing any information and/or termination of this Agreement.
4.
The Winged
Quill.blogspot.com provides links to other blogs as part of various services
and content on this blog. The links include those submitted by the users of
this blog. These links will allow you to leave this blog. These blogs are
independent from The Winged Quill.blogspot.com and that The Winged
Quill.blogspot.com has no control over the content of any such blogs. The
Winged Quill.blogspot.com is NOT RESPONSIBLE OR LIABLE for any content on or
any changes to these external blogs. The Winged Quill.blogspot.com makes no
representations whatsoever about any blog that you may access through The
Winged Quill.blogspot.com.
5.
You understand and
agree that by The Winged Quill.blogspot.com providing a link to an external
blog (any blog outside the The Winged Quill.blogspot.com domain), The Winged
Quill.blogspot.com DOES NOT ENDORSE OR ACCEPT ANY RESPONSIBILITY for the
content, or the use of such blogs. You also understand that it is solely your
responsibility to make sure that any external blog you may access through the
The Winged Quill.blogspot.com blog or services is free from any content of
destructive nature including but not limited to robots, viruses, trojans, and
worms. The Winged Quill.blogspot.com is not responsible or liable for any
material or transmission that you may receive (both electronic and
non-electronic) from any of these other blogs. THE WINGED QUILL.BLOGSPOT.COM
WILL IN NO EVENT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR
OTHER CONSEQUENTIAL DAMAGES FOR USE OF ANY HYPER LINKED BLOG, INCLUDING WITHOUT
LIMITATION, LOSS OF ANY DATA OR OTHER PROGRAMS, ANY LOST PROFITS, ANY LOST
BUSINESS OR LOSS OF ANY OTHER NATURE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE
POSSIBILITY OF SUCH LOSS OR DAMAGES.
6.
Relationship of
Parties
Your relationship and
correspondence with any third party you encounter through your use of the Blog,
including any transaction you may enter into through advertisers or other
persons, and any other terms, conditions, warranties, or representations
associated with such dealings, are solely between you and such third party. You
agree not to hold The Winged Quill.blogspot.com liable for any loss or damage
of any sort incurred as the result of any such dealings or as the result of the
presence of such third parties on the Blog.
Ownership
The Blog and all
intellectual property rights related to the Blog, and all information obtained
from the blog, including but not limited to copyrights, trademarks, service
marks, and any feedback left by users on the Blog, are owned or licensed by The
Winged Quill.blogspot.com, and all right, title, and interest in the Blog and
the related intellectual property rights remain the property of The Winged
Quill.blogspot.com. You may not reproduce, reverse engineer, decompile,
disassemble, modify, or create derivative works with respect to the Blog or any
related intellectual property, including any services provided via the Blog.
Risk, Error, Disclaimer
The Winged
Quill.blogspot.com makes reasonable efforts to run its services without errors
or in-accuracies on its blog, it makes no representations as to the accuracy,
completeness, error free nature of services/material, timeliness, and you
should not rely upon it. By using The Winged Quill.blogspot.com blog you agree
that its information and services are provided "as is" "where
is" without warranty, express or implied of any kind. The Winged
Quill.blogspot.com does not take any responsibility or liability for any
content available through any links from The Winged Quill.blogspot.com blog.
YOU AGREE TO USE THIS BLOG, ANY OR ALL OUR SERVICES PROVIDED ON IT, OR LINKS
FROM OUR BLOG AT YOUR OWN RISK. The Winged Quill.blogspot.com is not
responsible or liable for any LOSS WHATSOEVER that you may incur by using our
services or any material from our blog.
Protection of Copyrights
and Trademarks
The Blog contains
trademarks and other material furnished by The Winged Quill.blogspot.com, its
licensors, and other users. You should assume that everything you see or read
in publicly viewable areas of the Blog that was not furnished or received by
you (such as images, photographs, illustrations, text, and other materials)
("Content") is copyrighted unless otherwise noted. You may not sell,
reproduce, distribute, modify, display, publicly perform, prepare derivative
works based on, repost, or otherwise use any of the Content in any way for any
public or commercial purpose without prior written consent of The Winged
Quill.blogspot.com or the rights holder. You may not use the Content on any
other blog or in a networked computer environment for any purpose except your
own personal viewing.
Notice and Procedure for
Making Claims of Copyright Infringement
The Winged
Quill.blogspot.com respects the intellectual property of others. Upon receipt
of notices of alleged infringement complying or substantially complying with
the Digital Millennium Copyright Act ("DMCA"), The Winged
Quill.blogspot.com may remove or disable access to any material claimed to be
infringing.
Notification of
Alleged Copyright Infringement
If you believe that
your work has been copied in a manner that constitutes copyright infringement,
please provide The Winged Quill.blogspot.com's Designated Agent with
substantially the following information pursuant to the DMCA:
1.
A physical or
electronic signature of the person authorized to act on behalf of the owner of
the exclusive right that you claim has been infringed;
2.
Information sufficient
for us to identify the copyrighted work(s) that you claim has been infringed;
3.
Information sufficient
for us to identify where the material that you claim is infringing is located
on The Winged Quill.blogspot.com blog, with enough detail that we may find it
on the Blog;
4.
Your email address,
telephone number, and address;
5.
A statement by you
that you have a good faith belief that the complained of use is not authorized
by the copyright owner, its agent, or the law; and
6.
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.
7.
The Winged
Quill.blogspot.com's Designated Agent for notice of claims of copyright
infringement can be reached as follows:
C/O The Gypsy Swan
& CygnusResearch
Attn: DMCA Agent
1174 Washington Avenue
Muskegon, MI 49441
By email: mariehelena777@gmail.com
Children
The Winged
Quill.blogspot.com is not directed toward children under age 13 and we do not
knowingly collect information from children under age 13. If you are under 13,
please do not submit any personally identifiable information to The Winged
Quill.blogspot.com.
Children Online
Protection Act Notification
Pursuant to 47 U.S.C.
Section 230 (d) as amended, we notify you that parental control protections
(such as computer hardware, software, or filtering services) are commercially
available and may assist you in limiting access to material that is harmful to
minors. Information identifying current providers of such protections is
available at the American Links Up web site, http://www.netparents.org.
Assignment
You shall not sell,
transfer, or assign this Agreement without the prior written consent of The
Winged Quill.blogspot.com. Any unauthorized transfer or assignment shall be
null and void; provided, however, that any such assignment shall not relieve
user of its obligations under this Agreement. The Winged Quill.blogspot.com has
the right to transfer or assign this Agreement to any other person or entity
without your consent.
Modification of
Service
The Winged
Quill.blogspot.com reserves the right to modify, add, or remove any and all
content, services, and features of the Blog at any time without prior notice.
You agree that The Winged Quill.blogspot.com shall not be liable to you or to
any third party for any modification, suspension, or discontinuance of the Blog
or any content contained on the Blog.
Warranties
1.
The services provided
by The Winged Quill.blogspot.com are "as is," "where is."
2.
You represent that you
have the right and/or full corporate power and authority to enter into this
Agreement.
THE WINGED QUILL.BLOGSPOT.COM DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTY OF
ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR THE SERVICES TO BE
PROVIDED BY THE WINGED QUILL.BLOGSPOT.COM UNDER THIS AGREEMENT.
IN ADDITION, THE WINGED QUILL.BLOGSPOT.COM MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND AS TO THE RELIABILITY, IDENTITY, OR QUALITY OF ANY USER,
COMMENT, VOTE OR THIRD PARTY YOU MAY ENCOUNTER ON OUR BLOG, NOR DOES THE WINGED
QUILL.BLOGSPOT.COM MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OF
ANY POSTINGS MADE ON THE BLOG BY ANYONE.
Limitation of
Liability
UNDER NO CIRCUMSTANCES
SHALL THE WINGED QUILL.BLOGSPOT.COM, ITS AFFILIATES, OR ANYONE INVOLVED IN
ADMINISTERING, DISTRIBUTING OR PROVIDING SERVICES FOR THE BLOG, BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT
LIMITATION, LOSS OF REVENUES OR LOST PROFITS OR DAMAGES THAT RESULT FROM THE
USE OF OR INABILITY TO USE THE WINGED QUILL.BLOGSPOT.COM'S SERVICES, MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL ERRORS, DEFECTS, VIRUSES,
DELAYS IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE, THEFT, DESTRUCTION
OR UNAUTHORIZED ACCESS TO THE WINGED QUILL.BLOGSPOT.COM RECORDS, PROGRAMS OR
SERVICES, EVEN IF THE WINGED QUILL.BLOGSPOT.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSSES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH
STATES, THE WINGED QUILL.BLOGSPOT.COM LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW. YOU GRANT THE WINGED QUILL.BLOGSPOT.COM ALL RIGHTS TO
DELETE, RE-USE OR USE IN ANY WAY THE DATA, INFORMATION OR ANY OTHER MATERIAL
(ELECTRONIC OR NON-ELECTRONIC) THAT IS SENT BY YOU TO OUR BLOG THROUGH ANY OR ALL
OF OUR SERVICES. YOU AGREE THAT YOU ARE GRANTING FULL, NON-REVOCABLE, ROYALTY
FREE RIGHTS TO ANY MATERIAL POSTED BY YOU TO OUR BLOG.
Indemnification
You agree that you
shall indemnify, defend, and hold harmless The Winged Quill.blogspot.com and
its officers, directors, employees, agents, owners, and shareholders from and
against any costs, expenses (including, among other expenses, reasonable
attorneys' fees and expenses), losses, damages (specifically including, but not
limited to, incidental, consequential, exemplary, special, indirect, or
punitive damages), suits, claims, or liabilities incurred and arising from or
relating to: 1) your use of the Blog of The Winged Quill.blogspot.com's
services; 2) content you submit, post to, or transmit through the Blog; or 3)
your violation of any of the terms of this Agreement, any applicable laws, or
the rights of any Third Party.
Governing Law
Interpretation and
enforcement of this Agreement shall be governed by the laws of the state of
Michigan. You agree and consent to personal jurisdiction and exclusive venue in
the federal and state courts within Muskegon County, Michigan, for any action arising
out of or relating to your use of the Blog or The Winged Quill.blogspot.com's
services. If any provision of this Agreement shall be held invalid or
unenforceable in whole or in part for any reason, such provision shall be
ineffective to the extent of such invalidity or unenforceability without in any
manner affecting the validity or enforceability of any of the remaining
provisions of this Agreement.
Entire Agreement
The parties
acknowledge that this agreement, and any modifications to this agreement, constitute
the complete agreement regarding this subject and supersede any prior oral or
written communications relating to this subject.
How this site
uses cookies
Cookie Disclaimer
It is our legal obligation to say that this blog, as with all websites and/or
blogs, may seek to set and access small text files known as 'cookies' on your
computer.
How does this blog use cookies?
Tracking/user analysis cookies. This allows me to see how many people are
visiting this site and uses a third party service (such as Google Analytics) to
do so.
Advertising: This tracking system is anonymized and therefore it does not know
who you are, it just uses the limited information available to it (via
cookies).
A "cookie" is a small piece of information (token) sent by a Web
server or third-party server and stored on a user's system (hard drive) so it
can later be read back from that system. Using cookies is a convenient
technique for having the browser remember some specific information. Cookies
may be categorized as "session" or "persistent" cookies.
"Session" cookies are temporary cookies that are used to maintain
context or "state" between otherwise stateless Web transactions
(e.g., to maintain a "shopping basket" of goods selected during a
single logical session at a site) and that must be deleted at the end of the
web session in which they are created. "Persistent" cookies remain
over time and can be used for a variety of purposes, including to track a
user's access over time and across Websites, or to establish user preferences.
This blog does not knowingly use persistent cookies, i.e., tokens that pass
information back and forth from your machine to the server and remain after you
close your browser. This blog does use session cookies, i.e., tokens that
remain active only until you close your browser, in order to (make the site
easier for you to use). No database of information obtained from these cookies
is kept and when you close your browser, the cookie is deleted from your
computer. The help information in your browser software should provide you with
instruction on how to disable cookies. You have the ability to accept or
decline cookies using your web browser, but please be aware that it may
negatively affect your experience of this site. Cookies can be removed or
declined by changing your web browser settings.