Terms of Use Agreement
Read This Terms of Use
Agreement Before Accessing Website.
Effective Date: This
Terms of Use Agreement was last updated on March 31, 2007
This Terms of Use Agreement
sets forth the standards of use of the Ravenwood Creations LLC Online
Service for Registered Members. By using the ThatsMyOldHouse.com website
you (the “Member”) agree to these terms and conditions. If you do not
agree to the terms and conditions of this agreement, you should
immediately cease all usage of this website. We reserve the right, at
any time, to modify, alter, or update the terms and conditions of this
agreement without prior notice. Modifications shall become
effective immediately upon being posted at
ThatsMyOldHouse.com website. Your continued use of the Service
after amendments are posted constitutes an acknowledgement and
acceptance of the Agreement and its modifications. Except as provided in
this paragraph, this Agreement may not be amended.
1.
Description of Service
Ravenwood Creations
LLC is providing Member with information and data entry services. Member
must provide (1) all equipment necessary for their own Internet
connection, including computer and modem and (2) provide for Member’s
access to the Internet, and (3) pay any fees relate with such
connection.
2.
Disclaimer of Warranties.
The site is provided
by Ravenwood Creations LLC on an “as is” and on an “as available” basis.
To the fullest extent permitted by applicable law, Ravenwood Creations
LLC makes no representations or warranties of any kind, express or
implied, regarding the use or the results of this web site in terms of
its correctness, accuracy, reliability, or otherwise. Ravenwood
Creations LLC shall have no liability for any interruptions in the use
of this Website. Ravenwood Creations LLC disclaims all warranties
with regard to the information provided, including the implied
warranties of merchantability and fitness for a particular purpose, and
non-infringement. Some jurisdictions do not allow the exclusion of
implied warranties, therefore the above-referenced exclusion is
inapplicable.
3.
Limitation of Liability
RAVENWOOD CREATIONS
LLC SHALL NOT be liable for any
damages whatsoever, and in particular Ravenwood creations llc shall not
be liable for any special, indirect, consequential, or incidental
damages, or damages for lost profits, loss of revenue, or loss of use,
arising out of or related to this web site or the information contained
in it, whether such damages arise in contract, negligence, tort, under
statute, in equity, at law, or otherwise, even if RAVENWOOD CREATIONS
LLC has been advised of the possibility of such damages. SOME
JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE
LIMITATIONS IS INAPPLICABLE.
4.
Indemnification
Member agrees to indemnify
and hold Ravenwood Creations LLC, its parents, subsidiaries, affiliates,
officers and employees, harmless from any claim or demand, including
reasonable attorneys’ fees and costs, made by any third party due to or
arising out of Member’s use of the Service, the violation of this
Agreement, or infringement by Member, or other user of the Service using
Member’s computer, of any intellectual property or any other right of
any person or entity.
5.
Members Account
All Members of the Service
shall receive a password and an account. Members are entirely
responsible for any and all activities which occur under their account
whether authorized or not authorized. Member agrees to notify Ravenwood
Creations LLC of any unauthorized use of Member’s account or any other
breach of security known or should be known to the Member. Member’s
right to use the Service is personal to the Member. Member agrees not to
resell or make any commercial use of the Service without the express
written consent of Ravenwood Creations LLC.
6.
Modifications and Interruption to Service
Ravenwood Creations LLC
reserves the right to modify or discontinue the Service with or without
notice to the Member. Ravenwood Creations LLC shall not be liable to
Member or any third party should Ravenwood Creations LLC exercise its
right to modify or discontinue the Service. Member acknowledges and
accepts that Ravenwood Creations LLC does not guarantee continuous,
uninterrupted or secure access to our website and operation of our
website may be interfered with or adversely affected by numerous factors
or circumstances outside of our control.
7.
Third-Party Sites
Our website may include links
to other sites on the Internet that are owned and operated by online
merchants and other third parties. You acknowledge that we are not
responsible for the availability of, or the content located on or
through, any third-party site. You should contact the site
administrator or webmaster for those third-party sites if you have any
concerns regarding such links or the content located on such sites.
Your use of those third-party sites is subject to the terms of use and
privacy policies of each site, and we are not responsible therein. We
encourage all Members to review said privacy policies of third-parties’
sites.
8.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and
other information have either been provided by the Vendors or collected
from publicly available sources. While Ravenwood Creations LLC
makes every effort to ensure that the information on this website is
accurate, we can make no representations or warranties as to the
accuracy or reliability of any information provided on this website.
Ravenwood Creations LLC makes
no warranties or representations whatsoever with regard to any product
provided or offered by any Vendor, and you acknowledge that any reliance
on representations and warranties provided by any Vendor shall be at
your own risk.
9.
Governing Jurisdiction of the Courts Arizona
Our website is operated and
provided in the State of Arizona. As such, we are subject to the
laws of the State Arizona, and such laws will govern this Terms of Use,
without giving effect to any choice of law rules. We make no
representation that our website or other services are appropriate, legal
or available for use in other locations. Accordingly, if you
choose to access our site you agree to do so subject to the internal
laws of the State Arizona.
10.
Compliance with Laws.
Member assumes all knowledge
of applicable law and is responsible for compliance with any such laws.
Member may not use the Service in any way that violates applicable
state, federal, or international laws, regulations or other government
requirements. Member further agrees not to transmit any material that
encourages conduct that could constitute a criminal offense, give rise
to civil liability or otherwise violate any applicable local, state,
national, or international law or regulation.
11.
Copyright and Trademark Information
All content included or
available on this site, including site design, text, graphics,
interfaces, and the selection and arrangements thereof is ©2005
ThatsMyOldHouse.com, will all rights reserved, or is the property of
Ravenwood Creations LLC and/or third parties protected by intellectual
property rights. Any use of materials on the website, including
reproduction for purposes other than those noted above, modification,
distribution, or replication, any form of data extraction or data
mining, or other commercial exploitation of any kind, without prior
written permission of an authorized officer of Ravenwood Creations LLC
is strictly prohibited. Members agree that they will not use any
robot, spider, or other automatic device, or manual process to monitor
or copy our web pages or the content contained therein without prior
written permission of an authorized officer of Ravenwood Creations LLC.
Ravenwood Creations LLC™ and
ThatsMyOldHouse.com™ are proprietary marks of ThatsMyOldHouse.com.
Ravenwood Creations LLC’s trademarks may not be used in connection with
any product or service that is not provided by Ravenwood Creations LLC,
in any manner that is likely to cause confusion among customers, or in
any manner that disparages or discredits Ravenwood Creations LLC.
All other trademarks
displayed on Ravenwood Creations LLC’s website are the trademarks of
their respective owners, and constitute neither an endorsement nor a
recommendation of those Vendors. In addition, such use of
trademarks or links to the web sites of Vendors is not intended to
imply, directly or indirectly, that those Vendors endorse or have any
affiliation with Ravenwood Creations LLC.
12.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of
the Copyright Revision Act, as enacted through the Digital Millennium
Copyright Act, ThatsMyOldHouse.com designates the following individual
as its agent for receipt of notifications of claimed copyright
infringement.
By Mail
P.O. Box 790
Clarkdale, AZ 86324
By Email:
contact@thatsmyoldhouse.com
13.
Botnets
Ravenwood Creations LLC
retains the right, at our sole discretion, to terminate any accounts
involved with botnets and related activities. If any hostnames are used
as command and control points for botnets, Ravenwood Creations LLC
reserves the right to direct the involved hostnames to a honeypot,
loopback address, logging facility, or any other destination at our
discretion.
14.
Other Terms
If any provision of this
Terms of Use Agreement shall be unlawful, void or unenforceable for any
reason, the other provisions (and any partially-enforceable provision)
shall not be affected thereby and shall remain valid and enforceable to
the maximum possible extent. You agree that this Terms of Use
Agreement and any other agreements referenced herein may be assigned by
Ravenwood Creations LLC, in our sole discretion, to a third party in the
event of a merger or acquisition. This Terms of Use Agreement
shall apply in addition to, and shall not be superseded by, any other
written agreement between us in relation to your participation as a
Member. Member agrees that by accepting this Terms of Use
Agreement, Member is consenting to the use and disclosure of their
personally identifiable information and other practices described in our
Privacy Policy Statement.