CRANSTON PRINT WORKS COMPANY
USAGE AGREEMENT AND PRIVACY POLICY
Agreement Regarding Use of Site
This document describes the terms of use of internet websites (a "Site") owned and operated by Cranston Print Works Company or any of its divisions, subsidiaries or affiliates ("Cranston"). These terms and conditions regarding your use of the Site constitute a legally binding agreement ("agreement") between you and Cranston ("Cranston", "we", "us" or "our").
Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under you. You shall not use, allow enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:
· be, libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually, racially, culturally, ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive or which may or may appear to, impersonate anyone else;
· affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
· send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming";
· be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for a charge or through linking with any other web site or web pages;
· transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses or other potentially harmful programs or other material or information;
· violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users' accounts, names, passwords, user information or other computers, web sites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this agreement;
· modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise; or
· collect, obtain, compile, gather, transmit, reproduce, view or display any information, whether personally identifiable or not, concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
Postings
Portions of this Site provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or others ("Post" or "Postings"). Postings do not reflect the views of Cranston and Cranston does not monitor, endorse, edit or screen any Postings, nor shall Cranston be liable for any Posting that is in violation of this agreement. In no event shall Cranston have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Site; and/or (d) use any technological, legal, operational or other means available to Cranston to enforce the provisions of this agreement, including, without limitation, blocking specific IP addresses or deactivating your membership in the Forum.
Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
By using Cranston's web site to make such postings, you hereby agree that: (a) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorize Cranston to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature; (b) you represent and warrant that (i) the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this agreement, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be injurious to the health of the user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant Cranston the royalty-free right to use such Posting as described above; and (d) Cranston has the right to delete, re-format and/or change your Posting in any manner that Cranston may determine (although you will not be responsible for any changes made by Cranston).
Disclaimer Of Warranties And Liability
The materials on Cranston's Site are provided "as is" and without express warranties of any kind. Cranston disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose, other than those warranties which, under the laws applicable to this agreement, are implied by law and are incapable of exclusion, restriction, or modification. Cranston does not warrant or make any representations regarding the use or the results of the use of the materials in the Site in terms of their correctness, accuracy, reliability, or otherwise.
You expressly agree that use of the Site is at your sole risk. You expressly agree that neither Cranston, nor any of its employees, or agents, nor any person or entity involved in the creation, production, and distribution of the Site are responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use of the Site.
Law Applicable to this Agreement
This agreement contains the entire understanding and agreement between you and Cranston and supersedes any and all prior or inconsistent understandings relating to the Site and your use of the Site. This agreement cannot be changed or terminated orally. If any provision of this agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). This agreement and your use of the Site is governed by, construed and enforced in accordance with the internal substantive laws of the State of Rhode Island applicable to contracts made, executed and wholly performed in Rhode Island, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of Rhode Island and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
Indemnification
You agree to indemnify, defend and hold Cranston, its subsidiaries and affiliates, and their respective officers, directors, employees, agents, licensors, representatives and suppliers, harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this agreement by you. Cranston reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Cranston in the defense of any such claim, action or settlement.
Intellectual Property Rights
All Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, database, proprietary information and all copyrightable or otherwise legally protectible elements of the Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), are the property of Cranston and our Licensors and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign, laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Site" includes "Material" as well. The Site is to be used solely for your noncommercial and personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Material you download, transmit, print or reproduce from the Site. You shall not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party web site), or otherwise use, any Material without the express prior written consent of Cranston or its owner if Cranston is not the owner. Any unauthorized or prohibited use of any Material, may subject you to civil liability or criminal prosecution, or both, under applicable federal and state laws. We require users to respect our copyrights and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly infringe the intellectual property rights of others.
Privacy Policy:
Cranston respects the privacy of all individuals. This policy is intended to guide you as to our use of information that we may collect through this site and how we will use it.
Personally-Identifiable Information:
Cranston collects a limited amount of personally-identifiable information, specifically your name and e-mail address, when you write to us, registers for the forums, or subscribe to our newsletter. You also have the opportunity to provide us with your telephone number if you submit a comment, question, or report a problem using the site. You may have future opportunities to provide us with your address in connection with a contest or other promotion. We limit our use of this information to contacting you, and do not sell, lease, or rent this information to any third party. Some examples of when we may contact you include: to respond to a problem or suggestion from you, to provide you with requested information such as a newsletter or a forgotten password, to call your attention to new content on the site such as a contest or survey, and to alert you to changes in this policy or our terms of service agreement. We may also use the information to contact you regarding your responsibilities under our Terms of Service and Community Guidelines, if necessary.
Other Information:
We also collect non-identifying information, such as your time zone and your zip code. This may be used to ensure proper chronology of postings and deliver geographically-specific content, such as local quilt festivals in the events calendar.
Information about Children:
If you are under 13, please be careful in your use of the internet, and do not provide us with any information about yourself. Do not subscribe to our newsletter service, and do not register to use the Forum. Cranston encourages parents and legal guardians to monitor their children's Internet use. Also, Cranston strongly encourages parents to help Cranston enforce its Privacy Policy by instructing their children to never provide personal information on the Site without permission. We do not knowingly collect any information about children under the age of 13. If we learn we have collected such information, we will remove it from our database as quickly as possible.
Cookies:
This Site uses cookies delivered to your computer and associated with you to recognize return visitors and enhance your navigation of the site. You may opt-out of the cookies delivered by Cranston by changing the setting on your browser. Please be aware that this will disable all cookies delivered to your browser, not just the ones delivered by us.
Session Information:
Our web servers automatically collect certain non-personally identifiable information, such as which pages each user visits and the domain name (e.g., aol.com) of visitors. This information is used for various purposes including providing us with management tools to evaluate the traffic on the site and its effectiveness. We may also provide this information about our users on an aggregated, anonymous basis to our marketing and technology service providers, and our customers.
Changes to this Privacy Policy:
Cranston may occasionally update this Privacy Policy in Cranston’s sole discretion. While we will attempt to notify registered users to material changes and/or modifications, such notice is not required for changes to become effective, which will occur immediately upon posting. Your continued use of the Site constitutes your agreement to this Privacy Policy and all of the terms and conditions set forth herein.
Links to Outside Third Parties:
Cranston may establish relationships with third party sites by creating a link between their sites and the Site. Cranston is not, however, responsible for the content, maintenance or privacy policies of those sites. Once you click over to a third party site, Cranston encourages you to check its privacy policy.
