Date of Last Revision: January 11, 2020
A. GENERAL TERMS
1. Additional Policies
It’s an Edmonds Kind of Page or Edmonds Page respects the intellectual property rights of others and expects its users to do the same. To that end, all It’s an Edmonds Kind of Page or Edmonds Page users are subject to the Copyright Policy set forth in Section B below.
The itsanedmondskindofpage Services and all images, software, platforms, tools, graphics, data, text, code, the itsanedmondskindofpage Marks (as defined below) and other content and materials available on the Services (excluding User Content) and the selection and arrangement thereof (collectively, the “itsanedmondskindofpage Materials”) are the property of itsanedmondskindofpage or its third party licensors and are protected by United States and international intellectual property laws.
You acknowledge that (i) all right, title and interest in and to the itsanedmondskindofpage Materials, including all patents, copyrights, trade secrets, trademarks and other proprietary rights embodied therein or associated therewith, are and will remain with itsanedmondskindofpage or its third party licensors; (ii) no right or interest in the itsanedmondskindofpage Materials is conveyed other than the limited licenses granted herein; (iii) the itsanedmondskindofpage Materials are protected by copyright and other intellectual property laws; and (iv) itsanedmondskindofpage asserts that the itsanedmondskindofpage Materials embody valuable confidential and secret information of itsanedmondskindofpage or its licensors, the development of which required the expenditure of considerable time and money.
3. itsanedmondskindofpage Marks
You acknowledge that “itsanedmondskindofpage”, the itsanedmondskindofpage logo, the look and feel of the Services, and any other Product or Service names, logos or slogans of itsanedmondskindofpage contained in the Services are trademarks of SnoKingRail (collectively, the “itsanedmondskindofpage Marks”) and may not be copied, imitated or used without the prior written permission of itsanedmondskindofpage . All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners.
itsanedmondskindofpage may provide users with tools to download the itsanedmondskindofpage Marks via the Services. If you download or otherwise obtain the itsanedmondskindofpage Marks using such tools, itsanedmondskindofpage grants you a limited right to (i) use the itsanedmondskindofpage Marks for the sole purpose of referencing the Services and (ii) to use only those itsanedmondskindofpage Marks that are made available to you by itsanedmondskindofpage through such tools. Your use of any itsanedmondskindofpage Marks must be consistent with the size, dimensions, color and other characteristics of the itsanedmondskindofpage Marks and consistent with any other policies concerning the itsanedmondskindofpage Marks that we may post on the Site or otherwise make available through the Services from time to time. You may not (i) alter or change the appearance of the itsanedmondskindofpage Marks, (ii) use the itsanedmondskindofpage Marks in any manner that suggests itsanedmondskindofpage sponsors or endorses a product, service, promotion, contest, or (iii) use the itsanedmondskindofpage Marks for any other purpose deemed by itsanedmondskindofpage to be inappropriate. itsanedmondskindofpage has the right to revoke your right to use the itsanedmondskindofpage Marks at any time at our sole discretion.
You may create a text hyperlink to the Site, provided such link does not portray itsanedmondskindofpage or any of its Products or Services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked by itsanedmondskindofpage at any time. You may not frame the Site or utilize framing techniques to enclose the Site, itsanedmondskindofpage Materials, itsanedmondskindofpage Marks or other proprietary information without itsanedmondskindofpage’s express prior written consent.
As a part of the Services, we may provide you with access to and use of certain personalized pages and corresponding web addresses (“URLs”) that you may customize. itsanedmondskindofpage does not guarantee the availability of any particular web page or URL and reserves the right, at any time and at our sole discretion, to reclaim, suspend, terminate and/or transfer any such web page or URL.
6. User Content
The Services may enable you to upload, post and transmit Photos and Videos to the Site or other portions of the Services (including to your user photo galleries) and also provide you with access to discussion forums, blogs and other interactive areas in which you or other users may post or transmit Photos, Videos, text, music, messages, information, comments, labels, tags, descriptions, categorizations or other content or materials (collectively, including Media, the “User Content”).
You retain all intellectual property rights in and to any User Content you post, upload or otherwise make available through the Services, including the copyright in and to your Media. itsanedmondskindofpage does not claim any ownership, right, title or interest in and to your User Content.
Notwithstanding the foregoing, by uploading and/or posting any User Content to the Site or otherwise by using the Services, you request, and grant itsanedmondskindofpage a perpetual, nonexclusive and royalty-free right to use the User Content (and the user name that is submitted in connection with such User Content) as is reasonably necessary in order to do the following: (1) provide the Services, including to display the User Content on the Services, (2) comply with your instructions pursuant to itsanedmondskindofpage’s Data Protection Addendum; (3) process the sale of Products through the Services; (4) comply with legal requirements, including disclosing User Content in response to legal process from governmental authorities; (5) disclose User Content without any compulsory legal process when itsanedmondskindofpage believes there is a threat to life or limb. In the absence of a legal requirement to do so, itsanedmondskindofpage may refrain from notifying you of itsanedmondskindofpage’s disclosures to governmental authorities where such notification may jeopardize an important law enforcement investigation. itsanedmondskindofpage may engage service providers for assistance with carrying out any obligation or exercising any right under these Terms of Service.
7. Acceptable Use; Disclaimer
You are solely responsible for the User Content that you post or transmit using the Services and you agree not to post, transmit or otherwise publish through the Services any of the following:
- User Content that is unlawful, defamatory, obscene, pornographic, indecent, lewd, sexually suggestive, hateful, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful, including without limitation: Photos, Videos or other User Content containing nudity that would be unacceptable in a public museum where minors visit;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, endanger national security, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of any party;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- unsolicited promotions, political campaigning, advertising or solicitations;
- private information of any third party, including, without limitation: addresses, phone numbers, email addresses, social security numbers and credit card numbers;
- viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that is objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Services, or which may expose itsanedmondskindofpage or its users to any harm or liability of any nature, or which is legally required to be deleted or made private.
8. Your Account
9. Account Security
You are solely responsible for maintaining the confidentiality of the passwords associated with your account and for restricting access to your passwords and physical access to your computer while logged into the Services. You accept responsibility for all activities that occur under your user account.
User Content that you post, upload or otherwise make available via the Services may be accessed, used and downloaded by other itsanedmondskindofpage users. You understand and acknowledge that any User Content contained in public areas of the Services, including any user galleries or other portions of the Services, is accessible to the public and could be accessed, downloaded, indexed, archived, linked to and republished by others including, without limitation, appearing on other websites and in search engine results.
We use commercially reasonable security measures to protect your User Content consistent with your Account Settings. We cannot, however, guarantee absolute security of your account, your User Content or the Registration Data we collect, and we cannot promise that our security measures will prevent third party “hackers” or other unauthorized parties from illegally accessing the Services or their contents. itsanedmondskindofpage is not responsible or liable for any third party access to or use of the User Content you post or your Registration Data. You are encouraged to read, understand and use the security settings and mechanisms in your Account Settings to manage how your User Content is accessed and used by the public and other users of the Services. You agree to immediately notify itsanedmondskindofpage of any unauthorized use of your account or passwords or any other breach of security, and you accept all risks of unauthorized access to the Registration Data, User Content and any other information you provide to itsanedmondskindofpage .
10. Third Party Services
itsanedmondskindofpage may make third party content and services available on or through the Services (“Third Party Services”) solely as a convenience to its users, or because a user posted it or made it accessible (for example, links to third party websites, software and other services).
itsanedmondskindofpage does not indicate affiliation, approval, or control of any Third Party Services by making such Third Party Services available via the itsanedmondskindofpage Services. itsanedmondskindofpage makes no claim or representation regarding, and accepts no responsibility for, the quality, accuracy, nature, ownership or reliability of Third Party Services. YOUR USE OF ANY SUCH THIRD PARTY SERVICES IS SOLELY AT YOUR OWN RISK AND SUBJECT TO THE THIRD PARTY TERMS AND CONDITIONS AND THIRD PARTY PRIVACY POLICIES APPLICABLE TO SUCH THIRD PARTY SERVICES.
11. Advertisements and Promotions
The Services may contain third party advertisements and promotions generated or posted by itsanedmondskindofpage users, itsanedmondskindofpage Vendors or other third party service providers. Your business dealings or interactions with any third parties, including the itsanedmondskindofpage users or itsanedmondskindofpage Vendors, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. itsanedmondskindofpage does not endorse, approve, or control any such products, services, advertising or promotions posted to the Services by its users, the itsanedmondskindofpage Vendors or third party service providers. itsanedmondskindofpage is not responsible or liable for any loss or damage of any kind incurred as the result of your dealings with any of them or otherwise resulting from the presence of advertisements for third party products and services included on the Services.
12. DISCLAIMER OF WARRANTIES
THE SITE, SERVICES, THE ITSANEDMONDSKINDOFPAGE MATERIALS, AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ITSANEDMONDSKINDOFPAGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SITE, THE SERVICES, THE ITSANEDMONDSKINDOFPAGE MATERIALS, AND THE PRODUCTS.
ITSANEDMONDSKINDOFPAGE DOES NOT REPRESENT OR WARRANT THAT THE ITSANEDMONDSKINDOFPAGE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICES, ITS SERVERS OR EMAIL SENT FROM ITSANEDMONDSKINDOFPAGE OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ITSANEDMONDSKINDOFPAGE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOS OR VIDEOS. ITSANEDMONDSKINDOFPAGE ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SERVICES AND WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SERVICES OR THE PRODUCTS PROVIDED THEREON.
13. LIMITATION OF LIABILITY
IN NO EVENT WILL ITSANEDMONDSKINDOFPAGE OR ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OR VIEW THE SITE, THE SERVICES, THE PRODUCTS, THE USER CONTENT OR THE ITSANEDMONDSKINDOFPAGE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM ITSANEDMONDSKINDOFPAGE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY TERMINATION, SUSPENSION OR OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ITSANEDMONDSKINDOFPAGE’S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF ITSANEDMONDSKINDOFPAGE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE PRODUCTS, THE USER CONTENT OR THE ITSANEDMONDSKINDOFPAGE MATERIALS, EXCEED COMPENSATION YOU PAY, IF ANY, TO ITSANEDMONDSKINDOFPAGE FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES OR FOR THE PURCHASE OF PRODUCTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
15. Dispute Resolution
Agreement to Arbitrate & Waiver of Representative Actions
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH ITSANEDMONDSKINDOFPAGE AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. IF YOU DO NOT CONSENT TO THE TERMS OF THIS SECTION 15, YOU ARE NOT PERMITTED TO USE THE ITSANEDMONDSKINDOFPAGE SERVICES.
The arbitrator will not be bound by rulings in prior arbitrations involving different itsanedmondskindofpage users but is bound by rulings in prior arbitrations involving the same itsanedmondskindofpage user to the extent required by applicable law. The arbitrator’s award will be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
YOU AND ITSANEDMONDSKINDOFPAGE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ITSANEDMONDSKINDOFPAGE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER ITSANEDMONDSKINDOFPAGE USERS.
We welcome feedback from our users regarding ideas and suggestions for improvements to the Site, Services and Products. itsanedmondskindofpage will be entitled to use any such feedback without restriction, even if you designate such feedback as confidential. You hereby grant itsanedmondskindofpage a royalty-free, sublicensable, transferable, perpetual, irrevocable license in and to any feedback to use in any matter related to the operation of our business.
18. International Users
itsanedmondskindofpage is located in the State of Washington in the United States of America. If you access the Services from a country other than the United States, you agree that your transactions with itsanedmondskindofpage occur in the United States. You are responsible for compliance with all applicable laws, rules and regulations applicable to your use of the Services.
21. Questions or Comments
itsanedmondskindofpage is committed to keeping our users happy and satisfied with their use of the Services. If you have any questions, concerns, complaints or comments in any way related to your use of the Services, please contact us at connect@Edmondspage.com
B. COPYRIGHT POLICY
In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/pl105-304.pdf, and other applicable laws, itsanedmondskindofpage has adopted a policy of terminating, in appropriate circumstances and at itsanedmondskindofpage’s sole discretion, the accounts of users who are deemed to be repeat infringers. itsanedmondskindofpage may also, at its sole discretion, limit access to itsanedmondskindofpage’s website and services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. itsanedmondskindofpage will respond to claims of copyright infringement committed using itsanedmondskindofpage that are reported to itsanedmondskindofpage’s Designated Copyright Agent, identified in the sample notice below.
If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the itsanedmondskindofpage Services by completing the following DMCA Notice of Alleged Infringement and delivering it to itsanedmondskindofpage’s Designated Copyright Agent.
Upon receipt of the Notice as described below, itsanedmondskindofpage will take whatever action, at its sole discretion, it deems appropriate, including removal of the challenged material from the itsanedmondskindofpage Services.
It’s an Edmonds Kind of Page or Edmonds Page