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PLEASE READ THIS WEBSITE USAGE POLICY CAREFULLY BEFORE USING THIS WEBSITE.
Your use of Springdream.com website (the "Site") is expressly conditioned
on your acceptance of the following terms and conditions. By using the Site,
you agree to these terms and conditions. If you do not agree with any part
of the following terms and conditions, you must not use the Site.
1. OWNERSHIP.
Except for items in the public domain, the information, photos, graphics, programs,
services, processes, designs, software, technologies, trademarks, trade names
inventions and all other materials comprising the Site (collectively, the "Materials"),
are wholly owned by (or licensed to) Springdream.com and/or its content providers.
The Site contains copyrighted material, trademarks, and other proprietary
information including, without limitation, text, software, photos, video,
graphics, music and sound, and the entire contents of the Site is copyrighted
under the Untied States copyright laws. Springdream.com owns a copyright
in the selection, coordination, arrangement, and enhancement of such content
as well as in any original content. Nothing contained on this site should
be construed as granting, by implication, estoppel, or otherwise, any license
or right to use any of the Materials without the written permission of Springdream.com
or such other party that may own the Materials.
2. USE OF SITE.
Except for your non-commercial personal use, the Site, in whole or in part,
may not be sold, reproduced, published, broadcasted via radio or television,
or redistributed in any medium, directly or indirectly, for any commercial
or non-commercial purpose, or used for advertising or any other purpose.
Unauthorized use of the Site and/or other Materials may violate applicable
copyright, trademark or other intellectual property laws or other laws. You
must retain all copyright and trademark notices, including any other proprietary
notices, contained in the materials. The use of such materials on any other
website or in any environment of networked computers is prohibited. You are
prohibited from posting or transmitting any unlawful, threatening, libelous,
defamatory, obscene, indecent, inflammatory, pornographic or profane material
or any material that could constitute or encourage conduct that would be
considered a criminal offense, give rise to civil liability or otherwise
violate any law.
By uploading or otherwise submitting a file or other information ("Contribution")
to the Site, you automatically grant, or warrant that the copyright owner of
the Contribution has expressly granted, to Springdream.com a perpetual, royalty-free,
irrevocable, worldwide, non-exclusive right and license to use, reproduce,
publicly display and/or perform, modify, store, publish, adapt and/or to incorporate
it in other works in any medium now known or hereafter developed for the full
term of any copyright that may exist in the Contribution, as if the Contribution
were public domain information. You similarly permit any Internet user to download,
store, manipulate, reformat, view print and display the Contribution for that
users personal use.
3. AGE AND RESPONSIBILITY.
You represent that you are of sufficient legal age to use the Site and to create
binding legal obligations for any liability you may incur as a result of the
use of the Site. You understand that you are financially responsible for all
uses of the Site by you and those using your login information.
4. PRIVACY.
You have read the Springdream.com Privacy Policy, the terms of which are incorporated
herein, and agree that the terms of such policy are reasonable. You consent
to the use of your personal information by Springdream.com for the purposes
set forth in the Springdream.com Privacy Policy.
5. NO WARRANTIES AND LIMITATION OF LIABILITY.
Your use of the Site is at your sole risk. You assume full responsibility and
risk of loss resulting from the downloading and/or use of files or the material,
(including software) obtained through the Site. Neither Springdream.com nor
any of its content providers endorse or stand behind the accuracy, truthfulness
or reliability of any information, product or service provided on or by means
of Springdream.com.
THE SITE IS PROVIDED "AS IS", AND NEITHER Springdream.com NOR ANY
OF ITS SUPPLIERS, CONTENT PROVIDERS, LICENSORES, EMPLOYEES, AGENTS, OR THE
LIKE MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE
USABILITY, CONDITON OR OPERATION THEREOF. No oral advice or written information
given to you by Springdream.com or any of its content providers, agents, or
the like shall create any warranty. Neither Springdream.com or any of its content
providers, agents, or the like warrants that access to, or use of, the Site
will be uninterrupted, virus free, or error-free, or that the Site (including,
without limitation, any content of the Site) will meet any particular criteria
for performance or quality. Springdream.com. COM, ON BEHALF OF ITSELF AND ALL
OF ITS CONTENT PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY
AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL
OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF
MERCHANTIABILTIY, REASONABLE CARE, COMPATABILITY, SECURITY, RELIABILITY, ACCURACY,
AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT Springdream.com KNOWS,
HAD REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY
SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE SITE. FURTHERMORE, Springdream.com,
ON BEHALF OF ITSELF AND ALL OF ITS CONTENT PROVIDERS, AGENTS AND THE LIKE,
HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT
IN RESPECT OF THE SITE.
6. LIMITATION OF LIABILITY.
Springdream.com and all of its content providers, agents and the like, in each
instance will not be liable for (a) any direct, indirect, incidental, consequential
and/or special damages arising out of your use of, or inability to use, the
Site, and you hereby waive any claims with respect thereto, whether based
on contractual, tort or other grounds, even if Springdream.com has been advised
of the possibility of such damages, and/or (b) damages or injury caused by
any failure of performance, error, omission, interruption, deletion, defect,
delay in operation or transmission, computer virus, communication line failure,
theft or destruction or unauthorized access to, alteration of, or use of
any file, in each instance whether for breach of contract, tortious behavior,
negligence, or under any other cause of action. For further clarity, in all
events, Springdream.com and all of its content providers, agents and the
like shall not be liable for the defamatory, offensive, or illegal conduct
of other users of the Internet.
7. Some jurisdictions do not allow implied warranties to be excluded or modified
or liability to be limited, so not all of the above limitations may apply to
you.
8. The provisions of Sections 5 and 6 above represent a reasonable allocation
of the risks under this Agreement. Springdream.com willingness to allow you
to use the Site reflects this allocation of risk and the limitations of liability
specified herein.
9. INDEMNIFICATION.
You agree to indemnify Springdream.com and all of its content providers, agents
and the like, in each instance from and against any and all claims, suits,
liabilities, expenses (including, without limitation, attorneys fees), and/or
damages arising out of claims based upon your use of the Site including,
without limitation, any claim of libel, defamation, violation of legal rights
of others (including rights of privacy or publicity), loss of service by
other subscribers and/or infringement of intellectual property of other rights
including, but not limited to Copyright.
10. LINKS, PRODUCTS AND SERVICES.
The Site may contain links to websites operated by parties other than Springdream.com.
Such links are provided for your reference only. Springdream.com makes no
representation or warranty regarding any other websites, the contents or
materials on such websites or such products or services. The Sites inclusion
of links to other websites or the sharing of your information to others who
provide such good or services does not imply Springdream.com endorsement
of the material on the websites, any association with their operators or
such products or services. Any concerns regarding any such service or resource,
or any link thereto, should be directed to the particular service or resource.
11. GOVERNING LAW.
This Agreement and its performance shall be governed by the laws of the State
of Colorado, United States of America, without regard to its conflict of
law provisions. You consent and submit to the exclusive jurisdiction of the
state and federal courts located in El Paso County, the State of Colorado,
United States of America, in all questions and controversies arising out
of your use of this site and this Agreement.
12. NO WAIVER.
The failure of either party to insist upon or enforce strict performance by
the other party of any provision of this Website Usage Policy shall not be
construed as a waiver of any provision or right. Neither the course of conduct
between you and Springdream.com nor the trade practice shall modify any provision
of this Website Usage Policy.
13. MODIFICATION.
Springdream.com may at any time modify this Website Usage Policy and your continued
use of this Site will be conditioned upon the terms and conditions in force
at the time of your use.
14. ADDITIONAL TERMS.
Additional terms and conditions may apply to purchases of goods and services
and other uses of portions of the Site, and you agree to abide by such other
terms and conditions.
15. SEVERABILTY.
The terms and conditions contained herein shall be deemed severable. In the
event that any provision is determined to be unenforceable or invalid, such
provision shall nonetheless be enforced to the fullest extent permitted by
applicable law, and such determination shall not affect the validity and
enforceability of any other remaining provisions.
16. INTELLECTUAL PROPERTY NOTICES.
All contents of the Site are Copyright 2000 - 2003 Springdream.com, and/or
its suppliers, Springdream.com, 2594 Chimayo Dr., Colorado Springs, Colorado,
U.S.A. All rights reserved. Springdream.com and other names of Springdream.com
services referenced in the Site are trademarks or registered trademarks of
Springdream.com, Other product and company names mentioned in the Site are
the trademarks of their respective owners.
17. BANNED USERS AND ORGINIZATIONS.
As determined by SpringDream.com, users may be banned from the Site for any
reason.
18. ENTIRE AGREEMENT.
These terms and conditions, together with those incorporated herein or referred
to herein constitute the entire agreement between us relating to the subject
matter hereof, and supercedes any prior understandings or agreements (whether
oral or written) regarding the subject matter, and may not be amended or modified
except in writing or by making such amendments or modifications avSpringdream.comble
on this site.
If you have questions or concerns regarding Springdream.com Website Usage
Agreement, please e-mail Springdream.com at info@Springdream.com.
Copyright Notice
The contents of all material on Springdream.com this Internet site are copyrighted
by the SpringDream.com unless otherwise indicated. All rights are reserved
by Springdream.com, and content may not be reproduced, downloaded, disseminated,
published, or transferred in any form or by any means, except with the prior
written permission of Springdream.com, or as indicated below. No copyright
is claimed on unaltered U.S. government materials. Copyright infringement
is a violation of federal law subject to criminal and civil penalties.
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