Penturners.org Terms of Service
This is an agreement made between Penturners.org and all users
of its Web site and related services. Penturners.org reserves the right, at its
discretion, to change, modify, add or remove all or part of the Terms of Service
at any time. The most current version of the Terms of Service is available
here. New versions of this
policy become effective at the time they are uploaded to the Penturners.org Web
server.
Acceptance of Terms: Access to any part of the
Penturners.org Web site or use of any services provided thereby constitutes
acceptance of the Terms of Service. Should you object at any time to the Terms
of Service, your only recourse is to immediately discontinue use of the Service.
Continued use of the Service is an acceptance of the Terms of Use and all or any
subsequent changes.
Scope of This Agreement: Penturners.org
provides Users with access to informational content, community discussion
forums, email between members, and other resources. These terms and conditions
apply to all sites, services, discussion forums, and resources within the
Penturners.org Web site, as well as any and all sub domains thereof.
Definitions: “You”, “Yours”, “Yourself”, “Member”, “User”, or
“Visitor” means a person, corporation, or legal entity that accesses the IAP Web
Site via the Internet. “Us”, “We”, “Ours” means the Penturners.org Web site,
hereinafter referred to as “Penturners.org”. The legal owner of Penturners.org
is Technology Solutions for Business, Inc., 23618 Concord Drive, Westlake, Ohio
44145, United States, hereinafter referred to as “TSB, Inc.” “Service” is
defined as all information content, discussion forums, resources, email, and
products provided by or via the Penturners.org Web site.
Safety:
The Penturners.org Web site is dedicated to pen making, an activity which has
inherent risks. You should not depend on information obtained from this site for
your personal safety. Your safety depends on your own judgment based on
competent instruction, experience, and a realistic assessment of your own
ability. There are no warranties, either expressed or implied, that any
information on this site is accurate and reliable. Your use of this site
indicates your assumption of all risks relating to your activities and is an
acknowledgement of you own sole responsibility for your safety. Additional
safety information is available
here.
Privacy:
Penturners.org will not trade, sell, or disclose to any third party any form of
your specifically identifiable information without your consent (except as
required by subpoena, search warrant or other legal process, or in the case
where failure to disclose information will lead to imminent harm to you or
others). This includes information derived from registration and use of the
Service. Our privacy policies and procedures are described in the Penturners.org
Privacy Policy,
incorporated herein by reference.
Disclaimer of Warranties:
Penturners.org provides its Service “As-Is” and you use it at your sole risk.
Penturners.org expressly disclaims all warranties of any kind, whether expressed
or implied, including, but not limited to the implied warranties of
merchantability, fitness for a particular purpose, and non-infringement. Without
limitation, Penturners.org makes no warranty that its Service will meet your
requirements, that it will be uninterrupted, timely, secure, or error-free, that
the results you obtain from use of the Service will be accurate or reliable, or
that the quality of any products, services, information or other material
obtained through the Web site will meet your expectations. No advice or
information obtained by you from or through the Penturners.org Web site shall
create any warranty not expressly provided for in the Terms of
Service.
Disclaimer of Liability: You expressly understand and
agree that Penturners.org shall not be liable to any user due in whole or in
part to that user's use or misuse of the site or reliance on the site. Such
limitation of liability shall apply to prevent recovery of direct, indirect,
incidental, consequential, special, punitive and exemplary damages, even if
Penturners.org has been advised of the possibility of such damages. Such
limitation of liability shall apply whether the damages arise from use or misuse
of the site or reliance on the site, use or misuse of other services or goods
received through or advertised on the site or through any links provided on the
site, from inability to use the site, or from the interruption, suspension, or
termination of the site or services offered on the site, including such damages
incurred by third parties.
Indemnification: You shall indemnify
and hold harmless Penturners.org and any of its underlying service providers,
information providers, licensors, employees, owners, officers, directors,
shareholders, administrators, moderators, or members from and against any and
all claims, demands, actions, causes of action, suits, proceedings, losses,
damages, costs, and expenses, including reasonable attorneys fees, arising from
or relating to your use of the Service, or any act, error, or omission by you or
anyone to whom you provide access to the Service in connection therewith,
including, but not limited to, matters relating to incorrect, incomplete, or
misleading information, libel, invasion of privacy, infringement of a copyright,
trade name, trademark, service mark, or other intellectual property, any
defective product or any injury or damage to person or property caused by any
products sold or otherwise distributed through or in connection with the
Service, or in violation of any applicable law.
Limitation Of
Liability: In the event that a court should hold that the limitations of
liabilities or remedies available as set forth in this Agreement, or any
portions thereof, are unenforceable for any reason, or that any remedies under
this Agreement fail of their essential purpose, you expressly agree that under
no circumstances shall our total liability to you or any party claiming by,
through or under you for any cause whatsoever, and regardless of the form of
action, whether in contract or in tort, including negligence, in the aggregate,
exceed the amount of charges paid by you for use of the Service under this
Agreement during the twelve-month period preceding the date such claim first
arose, or one United States Dollar, whichever is greater.
Service
Outages: Routine maintenance and periodic system repairs, upgrades, and
reconfigurations, public emergency or necessity, terrorism, hosting provider
problems, restrictions imposed by law, acts of God, force majeure, labor
disputes and other situations, including mechanical or electrical breakdowns may
result in temporary impairment or interruption of service. Penturners.org does
not guarantee continuous or uninterrupted service and reserves the right to
reduce or suspend service without notice.
Age Restriction: In
compliance with the Children’s Online Privacy Protection Act (15 U.S.C. Section
6501) usage of penturners.org is restricted to persons over the age of 13.
Membership: Membership is available to any person over the age of
13 who registers and accurately provides all the required information, submits a
legitimate electronic mail address and obtains a unique Penturners.org member
name and password. Membership is non-transferable. All membership information
must be accurate and belong to the person registering. Invalid, incomplete, or
falsified information can result in the immediate termination of all membership
privileges for that user. Penturners.org may suspend or delete the membership of
any user for violation of any expressed or implied condition of the Terms of
Service. Membership is a privilege not a right, and we reserve the right to deny
service to any person at any time without cause.
Membership
Termination: You agree that Penturners.org may, in its sole discretion,
terminate or suspend your access to all or part of the Service for any reason,
including, without limitation, breach of the Terms of Service or any subsequent
modifications. Any suspected fraudulent, abusive or illegal activity may be
grounds for termination of your membership account and may be referred to
appropriate law enforcement authorities. Penturners.org shall not be liable to
you or any third party for the termination of Service or any claims related to
the termination of Service. You may terminate your membership at any time by
submitting a written request for termination to Penturners.org via the email
address or postal address listed on the site. Whether termination is initiated
by Penturners.org or you, the specific means of termination is our choice; we
may lock or otherwise disable your account, leaving submitted content, including
discussion forum posts and submitted photos in place, or we may entirely delete
the account, removing said content.
Submitted Content: Any and all
content posted or displayed for inclusion in publicly accessible areas of
Penturners.org are the responsibility of the creator. Penturners.org makes no
claims or warranties about such information or its authenticity. When you post
messages and upload photos, you grant Penturners.org the perpetual, irrevocable,
non-exclusive, world-wide, royalty free license to publish, modify and use such
content solely for the purpose of displaying such content.
Use and
Storage: You acknowledge that Penturners.org may establish general practices
and limits concerning use of the site, including without limitation the maximum
number of days that message board content or other uploaded content will be
retained by the site, the maximum disk space that will be allotted on
Penturners.org servers on your behalf, and the maximum number of times (and the
maximum duration for which) you may access the site in a given period of time.
You agree that Penturners.org has no responsibility or liability for the
deletion or failure to store any content maintained or transmitted by the site.
You acknowledge that Penturners.org reserves the right to remove your account if
it is inactive for an extended period of time. You further acknowledge that
Penturners.org reserves the right to change these general practices and limits
at any time, in its sole discretion, with or without
notice.
Discussion Forum Content: Members of Penturners.org may
participate in our community discussion forum by posting new messages and
responding to messages posted by other members. Penturners.org is not
responsible for the content of any member's discussion forum posts, and the
views expressed by members are the sole responsibility of the posting member.
Penturners.org does not preview member posts in any way before they appear on
the site. Any link posted to a third-party internet address does not imply an
endorsement of that site or its content by Penturners.org. The administrators
and moderators of Penturners.org may, but are not obligated to, edit, move,
lock, or delete any posted message or entire topics for any reason without
cause. Penturners.org does not guarantee that you will be able to edit or delete
submitted content at any time, or that we will edit or delete your submissions
upon request.
Member Conduct: You may not use any part of the
Service to transmit material that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise objectionable,
or which infringes upon the intellectual property, contractual, or fiduciary
rights of others. You may not use any part of the Service to transmit 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. You may not use the
service to transmit the private information of another person without consent,
nor may you post the contents of email exchanges without the consent of all
parties involved. You may not harvest or collect personal information about
other members, whether or not for commercial purposes without their express
consent. You may not use the Service to transmit chain letters, junk email, or
“spam” to other members.
Conduct Violations: There is no promise
or obligation on the part of Penturners.org to monitor or police any member
activity, and we are not responsible for discovering conduct violations.
However, if and when we discover (or are notified by others) that a conduct
violation has occurred, we will investigate. If our investigation substantiates
the claim that you have violated the conduct provisions, we may take action
ranging from a warning email to permanent termination of your membership. If we
issue a warning, and we determine that you continue to violate the conduct
provisions, we will terminate your membership. All decisions and actions
regarding conduct violations are Penturners.org’s alone.
Intellectual
Property: It is the policy of Penturners.org to respond expeditiously to
claims of intellectual property infringement. Penturners.org will promptly
process and investigate notices of alleged infringement and will take
appropriate actions under the Digital Millennium Copyright Act ("DMCA"). Should
a violation of intellectual property be discovered, the document(s) or messages
in such violation will be removed in a timely manner after any and all
investigating has been completed to prove the authenticity of such a claim. See
our Copyright
Policy for procedures for filing a Notice of Copyright
Infringement.
Limitation of Re-Use: The content available through
the Service is the property of Penturners.org and its licensors and is protected
by copyrights, trademarks, service marks, patents or other proprietary rights
and laws. Content received through the Service may be displayed, reformatted and
printed for your personal, non-commercial use only. You agree not to reproduce,
retransmit, re-post, distribute, sell, publish, broadcast, create derivative
works from, perform, or in any way commercially exploit any of the content, or
infringe upon trademarks or service marks displayed or received through the
Service, including but not limited to others in the same company or
organization, without the express prior written consent of Penturners.org. The
one exception to this is occasional reposting of a message board post to another
message board, provided that a link to the original post is provided.
Transactions Between Members: Certain areas of the discussion
forums at Penturners.org facilitate the buying, selling, and trading of items
related to pen turning. You agree that Penturners.org is not brokering or
otherwise participating in any purchase, sale, or trade. We have no knowledge of
the terms of sale, the condition of any items offered for sale, the accuracy of
any aspect of the sale or the use to which any item shall be put. Buyers or
trading partners assume all responsibility for proper use of any item so
received.
Laws: The Terms of Service are governed by and
construed in accordance with the laws of the State of Ohio and the intellectual
property laws of the United States, and you agree to submit to the personal
jurisdiction of the courts of the state of Ohio for any cause or action arising
out of or relating to the Service or the Terms of Use. You agree that any cause
of action arising out of or related to the Service must commence within one (1)
year after the cause of action arose; otherwise, such cause of action is
permanently barred.
Entire Agreement: This Agreement constitutes
the entire agreement between the parties and no other representations or
statements will be binding upon the parties. If any part of this agreement is
held to be invalid or unenforceable for any reason, the remaining terms and
conditions of this Agreement shall remain in full force and effect.
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