Use of Site and Acceptance of Terms.
The content and materials made available at this Site, including the Site design and format, are protected by copyright. Thus, the artwork, graphics, layouts, text, photographs, images, articles, designs and other works of authorship on this Site, are the copyrighted property of B&D or of third parties. Except as expressly permitted herein, you may not copy, publish, transmit, distribute, or create derivative works of any portion of the Site without the written permission of B&D (or applicable third-party copyright owner). In addition, the systematic retrieval of data or other content from this Site, whether manually or by an automated program, system, service or device, in order to prepare any collection, compilation, database, or directory is prohibited.
Product names, logos, designs, titles, words, or phrases used on this Site may be trademarks, service marks, or trade names (“Marks”) of B&D, and may not be used without the prior written permission of B&D. Marks owned by other entities not affiliated with B&D may appear on this Site. B&D claims no interest in those Marks. By way of example only, DAUGHTERS IN CHARGE and the DAUGHTERS IN CHARGE logo are the trademarks/service marks of B&D, and may not be copied or used in any way without the prior written consent B&D. Except as expressly provided herein, no other right or license under any patent, trademark, service mark, copyright is granted to you by B&D.
User Submissions of Content.
Some pages on the Site may allow you to post content to the Site (such as posting comments on our Blog). Please exercise common sense, good taste and sound judgment in doing so. A good rule of thumb is to not post any content which you would not mind seeing in the morning paper associated with your name.
If you choose to post content, you represent and warrant that all content you post, whether directly or indirectly through a third party service (such as Flickr®, or YouTube®), is either your own original work or does not infringe another’s copyright or other intellectual property rights. You also represent and warrant that all content you post does not infringe the intellectual property rights of any third party and does not contain the name, image, or likeness of any individual without their knowledge and consent to such use as contemplated herein.
You also agree that you will not post any content (including the content of any external websites to which you post a link) which is offensive, abusive, defamatory, harassing, threatening, vulgar, sexually explicit, hateful, illegal, invasive of privacy, dangerous, or otherwise objectionable to B&D. You also agree that you will not post content to this Site using any bot, robot, or other automated program, system, service or device. In addition, you agree that you will not post advertising, promotional materials, solicitations, surveys, contests, chain letters, pyramid schemes or similar types of content.
Removal of Content by B&D
B&D’s Use of Posted Content
By submitting content to this Site, you grant to B&D a non-exclusive, perpetual, worldwide, royalty free license to use, alter, reproduce, display (publicly or privately), broadcast, perform, and distribute that content, in whole or in part, in any commercial or noncommercial manner, in connection with the Site and B&D’s business, including without limitation for promoting the Site. You further grant B&D the absolute right and permission to use your name, as displayed or otherwise included in association with any content you post. You also waive any rights to inspect or approve of any specific use of your posted content, waive all related rights of publicity, moral rights, and claims based upon those rights, and release, discharge, and agree to hold harmless and indemnify B&D from any liability or claims of intellectual property infringement or right of privacy or persona violation or infringement which may arise by virtue of such use of your posted content.
BY POSTING TEXT, PHOTOGRAPH, OR VIDEO CONTENT TO THE SITE, WHETHER DIRECTLY OR INDIRECTLY, YOU AGREE TO AND HEREBY INDEMNIFY B&D FROM ANY AND ALL DAMAGES WHICH MAY ARISE: (A) DUE TO YOUR FAILURE TO FULFILL AND COMPLY WITH THE WARRANTIES AND REPRESENTATIONS SET FORTH HEREIN; OR (B) FROM B&D’ USE, ALTERATION, REPRODUCTION, SALE, OR DISTRIBUTION OF THE CONTENT IN ANY COMMERCIAL OR NONCOMMERCIAL MANNER.
Digital Millennium Copyright Act Notice.
B&D respects the intellectual property rights of others, and expects users of this Site to do the same. In appropriate circumstances and in our sole discretion, we may remove or disable access to material on this Site that may infringe the intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”).
Our Designated Agent is:
Todd Uterstaedt, DMCA Agent
c/o Baker & Daboll, LLC
312 Walnut Street
1600 Scripps Center
Cincinnati OH 45202
Phone Number: 513-339-1007
If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
Refunds and Exchanges.
Our policy for refunds and exchanges with respect to products and services which you purchase from B&D using this Site will be presented to you prior to the completion of any transaction. You may also view our Refunds and Exchanges policy here.
If you choose to respond with information, feedback, data, questions, comments, suggestions or the like regarding the content of this Site, any such response shall be deemed not to be confidential and B&D shall be free to reproduce, use, disclose and distribute the response to others without limitation.
No Links; No Endorsement.
Any links from the Site to third party websites are not an endorsement, sponsorship, or recommendation of such third parties or their ideas, products, or services. Similarly, any references in this Site to third parties and their products or services do not constitute an endorsement, sponsorship, or recommendation.
No Guaranty of International Service or Compliance.
This Site was designed for and is operated in the United States. If this Site is viewed internationally, you are responsible for compliance with applicable local laws.
DISCLAIMER OF WARRANTIES.
ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) IS PROVIDED “AS IS” AND “AS AVAILABLE.” THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. B&D DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. (THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.) B&D MAY IMPROVE OR CHANGE ITS PRODUCTS DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE. B&D ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THIS SITE OR IN OTHER DOCUMENTS WHICH ARE REFERRED TO WITHIN OR LINKED TO THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES SHALL B&D BE LIABLE FOR ANY DAMAGES, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE WHETHER BASED ON ACTIONS IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF B&D HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Jurisdiction And Venue.
Copyright © 2013 Baker & Daboll, LLC. All Rights Reserved.