Rapunzl Reminisces

Rapunzl's Web Site Terms and Conditions of Use

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

1. Permission is granted to temporarily download one copy of the materials (information or software) on Rapunzl's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
   1. modify or copy the materials;
   2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   3. attempt to decompile or reverse engineer any software contained on Rapunzl's web site;
   4. remove any copyright or other proprietary notations from the materials; or
   5. transfer the materials to another person or "mirror" the materials on any other server.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Rapunzl at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

1. The materials on Rapunzl's web site are provided "as is". Rapunzl makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Rapunzl does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Rapunzl or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Rapunzl's Internet site, even if Rapunzl or a Rapunzl authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Rapunzl's web site could include technical, typographical, or photographic errors. Rapunzl does not warrant that any of the materials on its web site are accurate, complete, or current. Rapunzl may make changes to the materials contained on its web site at any time without notice. Rapunzl does not, however, make any commitment to update the materials.

6. Links

Rapunzl has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Rapunzl of the site. Use of any such linked web site is at the user's own risk.

7. User-Submitted Material

By submitting photographs, images, text or other material to Rapunzl's Website, you assent to, and agree to be bound by, these Terms and Conditions (the "Terms of Service") and Rapunzl's Privacy Policy. If you do not agree to all of these Terms and Conditions, then please do not use the site or submit material to Rapunzl Reminisces.

You and others may submit photographs, images, text, files or other material to Rapunzl Reminisces to be hosted and displayed on the site ("User Submitted Content"). You understand that Rapunzl reserves the right to display or not display User-Submitted Content at its sole discretion. You agree and understand, whether or not User-Submitted Content is displayed on the Site, Rapunzl does not guarantee any confidentiality with respect to User-Submitted Content and Rapunzl shall have no obligation whatsoever to return any such content submitted to it. You further agree that you shall be solely responsible for your own User- Submitted Content and the consequences of publishing or displaying this content on the Site.

By submitting User-Submitted Content to Rapunzl, whether or not the content is hosted or displayed on the Site, you hereby grant to Rapunzl a non-exclusive, worldwide, royalty-free, sublicensable, transferable, perpetual license to use, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform the User- Submitted Content, in any manner, in connection with the Site and Rapunzl's business, including, without limitation, for advertising or promoting Rapunzl's business (the "License").

By submitting User-Submitted Content to Rapunzl, you represent and warrant to Rapunzl that: (i) you are at least 18 years of age; (ii) you are the author and copyright holder of the User-Submitted Content; (iii) you have the full right to grant permission to use the User-Submitted Content in any manner; (iv) you have the full right to grant the license; and (v) you have the legal right and authority to enter into this agreement and be bound by the Terms of Service.

In Connection with User-Submitted Content, you further represent and warrant that you will not: (i) submit content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive, misleading, contains nudity, or is otherwise objectionable; (ii) submit content that would convey expressions of bigotry, prejudice, racism, hatred or profanity; (iii) submit content that would constitute, assist, or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; (iv) submit content that may infringe any patent, trademark, service mark, trade secret, copyright, or other intellectual or proprietary right of any party, or any content that you do not have the lawful right to distribute and reproduce; (v) submit content that may contain viruses or other computer routines that are intended to damage, detrimentally interfere with, surreptitiously incept, or expropriate any system, data, or personal information; (vi) submit content comprising advertisements or solicitations of business; or (vii) impersonate another person or submit content that misrepresents your affiliation with a person or entity.

Copyright

All right, title, and interest in User-Submitted Content will remain the exclusive property of the individual owner of the content, and Rapunzl claims no copyright or other property rights in these works. However, Rapunzl does hold a copyright interest in all other copyrighted materials on the Site, including, without limitation, the design, text, graphics, pictures, files, as well as the entire contents of the Site, in the aggregate, as a collective work ("Rapunzl Materials"). Rapunzl Materials are copyrighted and all rights are reserved Copyright 1999-2008. Except as stated in the Rapunzl.com Terms of Service, none of the Rapunzl Materials may be copied, downloaded, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Rapunzl. All User-Submitted Content and any other trademarks, product names, company names, company logos within the Site are the property of their respective owners, and may not be copied, distributed, republished, downloaded, displayed, posted or transmitted without the prior written permission of their respective owners.

Any reproduction, publication, further distribution, or public exhibition of materials provided at the Site, in whole or in part, is strictly prohibited.

Rapunzl complies with the provisions of the Digital Millennium Copyright Act (DMCA). If you believe your work has been copied in a way constituting copyright infringement, please provide Rapunzl the following information:

• A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;

• A description 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;

• A description of the material that is claimed to be infringed or to be the subject of infringing activity, and information reasonably sufficient to permit the service provider to locate the material;

• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;

• 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; and

• 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.

8. Site Terms of Use Modifications

Rapunzl may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

9. Governing Law

Any claim relating to Rapunzl's web site shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions.

YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE SUBMISSION OF USER SUBMITTED CONTENT, IS AT YOUR OWN RISK AND THIS SITE IS PRESENTED "AS IS." ACCORDINGLY, Rapunzl DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE, THE SUBMISSION OF USER SUBMITTED CONTENT, AND ANY INFORMATION ON THE SITE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL RAPUNZL NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFIT, WHETHER SUCH ACTION ARISES OUT OF CONTRACT, NEGLIGENCE, OR TORT, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, THE SUBMISSION OF USER SUBMITTED CONTENT, OR ANY INFORMATION ON THE SITE (INCLUDING ERRORS OR OMISSIONS IN THE SITE’S CONTENT).

YOU SPECIFICALLY UNDERSTAND AND AGREE THAT Rapunzl SHALL NOT BE LIABLE FOR USER SUBMITTED CONTENT OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF A THIRD PARTY.

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.

Indemnification

You shall be solely liable for your own User Submitted Content. You agree to defend, indemnify, and hold harmless Rapunzl and its affiliates from any claim, action, demand, loss, expense, or damages, including, without limitation, attorneys’ fees, made or incurred by any third party arising out of or relating to your User Submitted Content, Rapunzl’s authorized use of your User Submitted Content, your conduct, your violation of these terms and conditions, or your violation of any rights of a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Site.

Rapunzl's Privacy Policy