Terms Of Service
1. The Agreement and Changes to It
1.1 The Rosemarylake.com web site (the "Website") is an online information
service provided by Rosemarylake.com ("Rosemarylake.com"), subject to your
compliance with the terms and conditions set forth below. Please read this document
carefully before accessing or using the Website. By accessing or using the Website, you
(the "User") agree to be bound by the terms and conditions set forth below,
applying not only to this Website but also to any other websites owned by the webmaster
and to past or future email or Usenet or forum posts by the webmaster. If you do not wish
to be bound by these terms and conditions, you may not access or use the Website.
Rosemarylake.com may modify this agreement at any time, and such modifications shall be
effective immediately upon posting of the modified agreement on the Website. You agree to
review the Terms of Service periodically to be aware of such modifications and your
continued access or use of the Website shall be deemed your conclusive acceptance of the
modified Terms of Service.
1.2 Rosemarylake.com may change any of the terms of service contained herein at any time.
Changes will become effective when Rosemarylake.com posts the changes to the Terms of
Service on the Rosemarylake.com website. If the User does not agree to the changes, he/she
may cease use of the Website at any time. Continued use of the Website by the User
constitutes acceptance of the modified Terms of Service.
1.3 The Terms of Service constitutes the entire agreement between Rosemarylake.com and the
User with respect to the Website. Headings in the Terms of Service are for convenience
only and do not have any legal meaning or effect. If any part of the Terms of Service is
invalid, the rest of the Terms of Service will remain in effect. If Rosemarylake.com
waives or fails to enforce any term or condition of the Terms of Service on any one or
more occasions, whether by conduct or otherwise, its waiver or failure to enforce will not
mean that it must waive or cannot enforce such term or condition on any other occasion, or
any other term or condition of the Terms of Service. The meaning of the Terms of Service
cannot be changed by Rosemarylake.com or the User or by any custom or practice of others
engaged in the same or similar activities.
2. Intellectual Property Guidelines
2.1 The User expressly acknowledges and agrees that the Website contains information,
text, software, photos, video, graphics, music, sounds and other material (called
"Materials") that are protected by copyrights, trademarks, trade secrets,
patents or other proprietary rights (called "Intellectual Property Rights"),
that these Intellectual Property Rights are valid and protected in all forms, media and
technologies existing now or developed later, and that all right, title and interest in
and to these Materials, including but not limited to all Intellectual Property Rights,
belong solely and exclusively to Rosemary Lake.
2.2 All copyrights and copyrightable materials which are a part of Rosemarylake.com
including, without limitation, logos, designs, text, graphics, pictures, photos, files,
software, applications, code, hidden text, databases and other files and the selection and
arrangement thereof are COPYRIGHT (c) 2005 Rosemary Lake. ALL RIGHTS RESERVED.
2.3 Rosemary Lake, Rosemarylake.com, the Rosemarylake.com logo, graphics, and icons in the
software are trademarks, service marks, trade dress, and/or registered trademarks of
Rosemary Lake, and may not be copied, imitated or used, in whole or in part, without the
prior written permission of Rosemary Lake.
2.4 The contents of Rosemarylake.com may be displayed and downloaded for personal,
non-commercial and informational use only; provided that said contents may not, without
the permission of Rosemarylake.com or the respective copyright owner, be altered or
displayed without the Rosemarylake.com Copyright notice and these Intellectual Property
Guidelines. Any unauthorized use of intellectual property will be a breach of the Terms of
Service and a violation of applicable law.
2.5 /deleted/
2.6 You agree to grant to Rosemarylake.com a non-exclusive, royalty-free, worldwide,
perpetual license, with the right to sub-license, to reproduce, distribute, transmit,
create derivative works of, publicly display and publicly perform in any media now known
or hereafter developed any materials and other information (including, without limitation,
ideas contained therein for new or improved products and services) you submit to any
public areas of the site (such as bulletin boards, forums and newsgroups) or by e-mail to
Rosemarylake.com. You agree that you shall have no recourse against Rosemarylake.com for
any alleged or actual infringement or misappropriation of any proprietary right in your
communications, submissions or postings to Rosemarylake.com.
2.7 The User acknowledges that Rosemarylake.com will be irreparably harmed by the
unauthorized use of the Materials or the Website and, further, that monetary damages may
not be a sufficient remedy for such harm. It is understood and agreed that
Rosemarylake.com shall be entitled, without waiving any other rights or remedies and
without further demonstration of irreparable harm or the inadequacy of monetary damages,
to obtain injunctive or other equitable relief in the event of any unauthorized use of the
Materials or the Website.
3. Use of the Website
3.1 You understand that Rosemarylake.com does not operate, control or endorse any
information, products or services in any way. All information, products and services
mentioned at the Website or on the internet generally are offered by third parties, that
are not affiliated with Rosemarylake.com you also understand that Rosemarylake.com cannot
and does not guarantee or warrant that links from the Website will be free of infection or
viruses, worms, Trojan horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient procedures and checkpoints to
satisfy your particular requirements for accuracy of data input and output, and for
maintaining a means external to the Website for the reconstruction of any lost data. You
assume total responsibility and risk for your use of the Website and the internet.
Rosemarylake.com provides the Website and related information "as is" and does
not make any express or implied warranties, representations or endorsements whatsoever
(including without limitation warranties of title or no infringement, or the implied
warranties of merchantability or fitness for a particular purpose) with regard to the
service, any merchandise information or service provided through the service or on the
internet generally, and Rosemarylake.com shall not be liable for any cost or damage
arising either directly or indirectly from any such transaction or use. It is solely your
responsibility to evaluate the accuracy, completeness and usefulness of all opinions,
advice, services, merchandise and other information provided through the service or on the
internet generally. Rosemarylake.com does not warrant that the service will be
uninterrupted or error-free or that defects in the service will be corrected.
3.2 You understand further that the pure nature of the internet contains unedited
materials some of which are sexually explicit or may be offensive to you. Your access to
such materials is at your risk. Rosemarylake.com has no control over and accepts no
responsibility whatsoever for such materials.
4. Venue and arbitration
4.1 By reading anything at the Rosemarylake.com Website, you expressly agree that these
Terms of Service and your permission and use of this Website will be governed by the
internal laws of the State of Washington state, USA. You agree that if any court action is
brought it will be in a federal court in Seattle, Washington state, or Washington state
court in the county of residence of the webmaster. You agree and expressly consent to
jurisdiction and venue in the above courts. If in spite of the foregoing and other
provisions in this Terms of Service, any court action or arbitration action or other
action is filed against the webmaster in some area other than those stipulated above, then
the person filing such action will reimburse the webmaster for all expenses incurred such
as travel, long distance, messenger service, and out-of-area legal fees, regardless of
whether the action is moved from that location and regardless of who prevails in the
actual issue.
4.2 Mediation/Arbitration: In case of any complaint or dispute you agree to submit the
dispute to mediation pursuant to the rules of the American Arbitration Association. If the
dispute is not resolved by mediation you agree to submit the dispute to binding
arbitration before one arbitrator in accordance with the rules of the American Arbitration
Association. The hearing locale for the mediation shall be in the county of the residence
of the webmaster of Rosemarylake.com.
4.3 Any filing of any kind against the webmaster must be preceded by notice of quarrel,
sent by certified mail specifying acceptable remedy and minimum of 60 day cure period.
After this time if the claimant is still not satisfied, he must send another certified
notice specifying acceptable remedy and allowing a further 60 days.
4.4 -- If any filing of any kind initiated by the User in any venue, including any court
or arbitration proceeding, is later dismissed as 'frivolous' or the Rosemarylake.com
webmaster prevails in the outcome, the filer will pay as minimum all the Rosemarylake.com
webmaster's expenses as above, including legal and attorney costs, plus double that amount
as compensation for personal time and anguish, plus any further damages the court or
arbitrator may direct at that time.
5. /deleted/
6. Pseudonym, other material by webmaster
6.1 By reading this Website, you are accepting this as a legitimate agreement between you
and the webmaster, regardless of the fact that webmaster's real name is not revealed here,
and you agree to waive any legal challenge based on "Rosemary Lake" being a
pseudonym.
6.2 All of these Terms of Service, as it is now and as it may be amended in future, also
applies to other websites by the webmaster, regardless of pseudonym or name she uses at
that Website, and to any past or future correspondence or email from her or past or future
posts by her to Usenet or other internet forums, regardless of pseudonym or name used. By
reading this Rosemarylake.com Website, you are agreeing that any quarrel or dispute
arising out of the webmaster's other websites or Usenet or forum posts or correspondence
or emails, past or future, regardless of pseudonym or name used, will also be subject to
the above provisions including venue, notice, arbitration, and reimbursement and
compensation to the Rosemarylake.com webmaster, and will be subject to all the other terms
above and below in this Terms of Service, and in all future versions of the Terms of
Service.
7. Severability
If any provision of these terms and conditions of use shall be determined to be unlawful,
void or for any reason unenforceable, then that provision shall be deemed severable from
this agreement and shall not affect the validity and enforceability of any remaining
provisions. However first, if the general intent can be ascertained and is in the interest
of the webmaster, any such provision will be considered as though it had been worded
properly and it will be enforceable.
8. Limitation of liability
In no event will Rosemarylake.com be liable for (i) any incidental, consequential, or
indirect damages (including, but not limited to, damages for loss of profits, business
interruption, loss of programs or information, and the like) arising out of the use of or
inability to use the service, or any information, or transactions provided on the service,
or downloaded from the service, or any delay of such information or service. Even if
Rosemarylake.com or its authorized representatives have been advised of the possibility of
such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies
in the service and/or materials or information downloaded through the service. Because
some states do not allow the exclusion or limitation of liability for consequential or
incidental damages, the above limitation may not apply to you. In such states,
Rosemarylake.com liability is limited to the greatest extent permitted by law.
Rosemarylake.com makes no representations whatsoever about any other web site which you
may access through this one or which may link to this Website. When you access a
non-Rosemarylake.com web site, please understand that it is independent from
Rosemarylake.com, and that Rosemarylake.com has no control over the content on that web
site. In addition, a link to a Rosemarylake.com web site does not mean that
Rosemarylake.com endorses or accepts any responsibility for the content, or the use, of
such web site.
9. Indemnification
You agree to indemnify, defend and hold harmless Rosemarylake.com, its officers,
directors, employees, agents, licensors, suppliers and any third party information
providers to the service from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of this agreement
(including negligent or wrongful conduct) by you or any other person accessing the
service.
10. Third party rights
The provisions of each paragraph of these Terms of Service are for the benefit of
Rosemarylake.com and its officers, directors, employees, agents, licensors, suppliers, and
any third party information providers to the service. Each of these individuals or
entities shall have the right to assert and enforce those provisions directly against you
on its own behalf. Rosemarylake.com may assign its rights and duties under this agreement
to any party at any time without notice to you.
11. Pre-existing contracts.
Nothing in these Terms of Service will affect any rights granted to the webmaster in
pre-existing contracts, regardless of name or pseudonym used in such contracts.
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