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Terms Of Service

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 Penturners.org, LLC, 23618 Concord Drive, Westlake, Ohio 44145, United States, hereinafter referred to as “Penturners.org” “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.
This document was posted on May 21, 2010

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