Terms of Use Policy
This Terms of Service Agreement (hereinafter referred to as the "Agreement") sets forth the contractual agreement between The Winged Quill.blogspot.com (referred to herein collectively as "The Winged Quill.blogspot.com" "we," "us," "our") and you (referred to herein collectively as "company," "you," "your", "customer", "employer," "user" and/or "registered user"), regarding your access and use of The Winged Quill.blogspot.com blog.
The following are the terms and conditions applicable to your access and use of the Blog and the services offered by The Winged Quill.blogspot.com. The terms and conditions also apply to any new services which may be offered by the Blog in the future.
Your use of our services indicates your agreement to abide by our most recent Terms of Service Agreement as displayed on this blog.
The Blog and all related services offered through The Winged Quill.blogspot.com are offered to you conditioned on your acceptance without any modification to the terms and conditions contained in this Agreement. If you do not accept the terms and conditions contained in the Agreement in their entirety, you are not authorized to view or use this blog.
From time to time, we may revise this Agreement, so please be sure to periodically check the date of the last revision, which will be noted at the top of this page. By visiting the Blog, you are acknowledging and accepting this Agreement. Your continued use of the Blog after changes have been posted to the Agreement will constitute your acceptance of any such changes.
The following are the terms and conditions applicable to your access and use of the Blog and the services offered by The Winged Quill.blogspot.com. The terms and conditions also apply to any new services which may be offered by the Blog in the future.
Your use of our services indicates your agreement to abide by our most recent Terms of Service Agreement as displayed on this blog.
The Blog and all related services offered through The Winged Quill.blogspot.com are offered to you conditioned on your acceptance without any modification to the terms and conditions contained in this Agreement. If you do not accept the terms and conditions contained in the Agreement in their entirety, you are not authorized to view or use this blog.
From time to time, we may revise this Agreement, so please be sure to periodically check the date of the last revision, which will be noted at the top of this page. By visiting the Blog, you are acknowledging and accepting this Agreement. Your continued use of the Blog after changes have been posted to the Agreement will constitute your acceptance of any such changes.
Disclaimer: The Winged Quill.blogspot.com is only a venue
The Winged Quill.blogspot.com blog is a Web-based venue. We are not involved in any transaction between users of the Blog. While this Agreement requires that users provide accurate and complete information about themselves, The Winged Quill.blogspot.com cannot and does not confirm each user's identity and makes no inquiries about the truth or accuracy of the information provided by users of The Winged Quill.blogspot.com. By using this Blog, you agree that The Winged Quill.blogspot.com shall have no liability or responsibility whatsoever for any transactions entered between you and any other user. The Winged Quill.blogspot.com has no involvement whatsoever in payment for services performed by any user. You further agree that The Winged Quill.blogspot.com shall have no liability or responsibility for any disputes that may arise between users.
Acceptable Use Policy
As consideration for use of the Blog pursuant to this Agreement, you agree to the following stipulations relating to acceptable use of the Blog. You agree not to use the Blog to:
- Collect email addresses or other contact information of other users of The Winged Quill.blogspot.com by electronic or other means to send unsolicited emails or other unsolicited communications;
- Use The Winged Quill.blogspot.com in any unlawful manner or in any other manner that could damage, disable, or impair the Blog;
- Use automated scripts to collect information from or otherwise interact with The Winged Quill.blogspot.com;
- Post, upload, transmit, share, store, or otherwise make available any content that we deem to be unlawful, defamatory, infringing, harmful, threatening, abusive, inflammatory, harassing, vulgar, obscene, pornographic, erotic, drug-related, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- Post, upload, transmit, share, store, or otherwise make publicly available on The Winged Quill.blogspot.com any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
- Post, upload, share, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Intimidate or harass another;
- Post, upload, transmit, share, store, or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- Use or attempt to use another's account, service or system without authorization from The Winged Quill.blogspot.com, or create a false identity on The Winged Quill.blogspot.com.
- Post, upload, transmit, share, store, or otherwise make available content that, in the sole judgment of The Winged Quill.blogspot.com, is objectionable or which restricts or inhibits any other person from using or enjoying the Blog, or which may expose The Winged Quill.blogspot.com or its users to any harm or liability of any type.
Termination
The Winged Quill.blogspot.com may suspend, terminate, cancel, or delete any and all information, services and your account for any reason, or no reason, at any time in its sole discretion, with or without notice. Upon termination of your account, your right to use the Blog and The Winged Quill.blogspot.com's services will immediately end. The provisions in this Agreement that by their nature should survive termination shall survive termination, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Passwords
You are responsible for choosing and safeguarding the password you use to access The Winged Quill.blogspot.com and for any activities or use under your password. The Winged Quill.blogspot.com encourages the use of "strong passwords" i.e., passwords that have a combination of numbers, symbols, and upper and lower case letters. The Winged Quill.blogspot.com shall not be liable for any loss or damage arising from your choice of a password.
Privacy and Confidentiality
- You are solely responsible for information that you post on our Blog including, but not limited to, any posting or listing in any public areas of the Blog. The Winged Quill.blogspot.com does not claim ownership of information you provide or post on the Blog. However, in order for The Winged Quill.blogspot.com to use the personal information you provide to us and the information you post to the Blog, so that we are not violating any rights you may have with regard to that information, you agree to grant The Winged Quill.blogspot.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise the copyright and publicity rights you have in the personal information you provide to us and the information you post on the Blog. The Winged Quill.blogspot.com will only use the personal information in accordance with our Privacy Policy.
- The Winged Quill.blogspot.com does not endorse any information posted by users and we are not liable for any such information posted on our blog, including but not limited to any information posted about you, or any information you rely upon in entering into any dealings with another user. Other users' information or postings may be negative, offensive, harmful, inaccurate, or in some cases may be mislabeled or deceptively labeled, and you agree that The Winged Quill.blogspot.com shall have no liability for such information or postings. Information on the The Winged Quill.blogspot.com blog is provided "AS IS" "WHERE IS," and may contain errors.
- The Winged Quill.blogspot.com reserves the right to take any action with respect to information posted on our blog that we believe is appropriate in our sole discretion with respect to such information, including but not limited to, removing any information and/or termination of this Agreement.
- The Winged Quill.blogspot.com provides links to other blogs as part of various services and content on this blog. The links include those submitted by the users of this blog. These links will allow you to leave this blog. These blogs are independent from The Winged Quill.blogspot.com and that The Winged Quill.blogspot.com has no control over the content of any such blogs. The Winged Quill.blogspot.com is NOT RESPONSIBLE OR LIABLE for any content on or any changes to these external blogs. The Winged Quill.blogspot.com makes no representations whatsoever about any blog that you may access through The Winged Quill.blogspot.com.
- You understand and agree that by The Winged Quill.blogspot.com providing a link to an external blog (any blog outside the The Winged Quill.blogspot.com domain), The Winged Quill.blogspot.com DOES NOT ENDORSE OR ACCEPT ANY RESPONSIBILITY for the content, or the use of such blogs. You also understand that it is solely your responsibility to make sure that any external blog you may access through the The Winged Quill.blogspot.com blog or services is free from any content of destructive nature including but not limited to robots, viruses, trojans, and worms. The Winged Quill.blogspot.com is not responsible or liable for any material or transmission that you may receive (both electronic and non-electronic) from any of these other blogs. THE WINGED QUILL.BLOGSPOT.COM WILL IN NO EVENT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR USE OF ANY HYPER LINKED BLOG, INCLUDING WITHOUT LIMITATION, LOSS OF ANY DATA OR OTHER PROGRAMS, ANY LOST PROFITS, ANY LOST BUSINESS OR LOSS OF ANY OTHER NATURE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
Relationship of Parties
Your relationship and correspondence with any third party you encounter through your use of the Blog, including any transaction you may enter into through advertisers or other persons, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree not to hold The Winged Quill.blogspot.com liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Blog.
Ownership
The Blog and all intellectual property rights related to the Blog, and all information obtained from the blog, including but not limited to copyrights, trademarks, service marks, and any feedback left by users on the Blog, are owned or licensed by The Winged Quill.blogspot.com, and all right, title, and interest in the Blog and the related intellectual property rights remain the property of The Winged Quill.blogspot.com. You may not reproduce, reverse engineer, decompile, disassemble, modify, or create derivative works with respect to the Blog or any related intellectual property, including any services provided via the Blog.
Risk, Error, Disclaimer
The Winged Quill.blogspot.com makes reasonable efforts to run its services without errors or in-accuracies on its blog, it makes no representations as to the accuracy, completeness, error free nature of services/material, timeliness, and you should not rely upon it. By using The Winged Quill.blogspot.com blog you agree that its information and services are provided "as is" "where is" without warranty, express or implied of any kind. The Winged Quill.blogspot.com does not take any responsibility or liability for any content available through any links from The Winged Quill.blogspot.com blog. YOU AGREE TO USE THIS BLOG, ANY OR ALL OUR SERVICES PROVIDED ON IT, OR LINKS FROM OUR BLOG AT YOUR OWN RISK. The Winged Quill.blogspot.com is not responsible or liable for any LOSS WHATSOEVER that you may incur by using our services or any material from our blog.
Protection of Copyrights and Trademarks
The Blog contains trademarks and other material furnished by The Winged Quill.blogspot.com, its licensors, and other users. You should assume that everything you see or read in publicly viewable areas of the Blog that was not furnished or received by you (such as images, photographs, illustrations, text, and other materials) ("Content") is copyrighted unless otherwise noted. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost, or otherwise use any of the Content in any way for any public or commercial purpose without prior written consent of The Winged Quill.blogspot.com or the rights holder. You may not use the Content on any other blog or in a networked computer environment for any purpose except your own personal viewing.
Notice and Procedure for Making Claims of Copyright Infringement
The Winged Quill.blogspot.com respects the intellectual property of others. Upon receipt of notices of alleged infringement complying or substantially complying with the Digital Millennium Copyright Act ("DMCA"), The Winged Quill.blogspot.com may remove or disable access to any material claimed to be infringing.
Notification of Alleged Copyright Infringement
If you believe that your work has been copied in a manner that constitutes copyright infringement, please provide The Winged Quill.blogspot.com's Designated Agent with substantially the following information pursuant to the DMCA:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that you claim has been infringed;
- Information sufficient for us to identify the copyrighted work(s) that you claim has been infringed;
- Information sufficient for us to identify where the material that you claim is infringing is located on The Winged Quill.blogspot.com blog, with enough detail that we may find it on the Blog;
- Your email address, telephone number, and address;
- A statement by you that you have a good faith belief that the complained of use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The Winged Quill.blogspot.com's Designated Agent for notice of claims of copyright infringement can be reached as follows: By mail:
The Winged Quill.blogspot.com
C/O TS Enterprises
Attn: DMCA Agent
1174 Washington Avenue
Attn: DMCA Agent
1174 Washington Avenue
Muskegon, MI 49441
By email:
Children
The Winged Quill.blogspot.com is not directed toward children under age 13 and we do not knowingly collect information from children under age 13. If you are under 13, please do not submit any personally identifiable information to The Winged Quill.blogspot.com.
Children Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230 (d) as amended, we notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available and may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the American Links Up web site, http://www.netparents.org.
Assignment
You shall not sell, transfer, or assign this Agreement without the prior written consent of The Winged Quill.blogspot.com. Any unauthorized transfer or assignment shall be null and void; provided, however, that any such assignment shall not relieve user of its obligations under this Agreement. The Winged Quill.blogspot.com has the right to transfer or assign this Agreement to any other person or entity without your consent.
Modification of Service
The Winged Quill.blogspot.com reserves the right to modify, add, or remove any and all content, services, and features of the Blog at any time without prior notice. You agree that The Winged Quill.blogspot.com shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Blog or any content contained on the Blog.
Warranties
- The services provided by The Winged Quill.blogspot.com are "as is," "where is."
- You represent that you have the right and/or full corporate power and authority to enter into this Agreement.
THE WINGED QUILL.BLOGSPOT.COM DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR THE SERVICES TO BE PROVIDED BY THE WINGED QUILL.BLOGSPOT.COM UNDER THIS AGREEMENT.
IN ADDITION, THE WINGED QUILL.BLOGSPOT.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE RELIABILITY, IDENTITY, OR QUALITY OF ANY USER, COMMENT, VOTE OR THIRD PARTY YOU MAY ENCOUNTER ON OUR BLOG, NOR DOES THE WINGED QUILL.BLOGSPOT.COM MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OF ANY POSTINGS MADE ON THE BLOG BY ANYONE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THE WINGED QUILL.BLOGSPOT.COM, ITS AFFILIATES, OR ANYONE INVOLVED IN ADMINISTERING, DISTRIBUTING OR PROVIDING SERVICES FOR THE BLOG, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES OR LOST PROFITS OR DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WINGED QUILL.BLOGSPOT.COM'S SERVICES, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE WINGED QUILL.BLOGSPOT.COM RECORDS, PROGRAMS OR SERVICES, EVEN IF THE WINGED QUILL.BLOGSPOT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, THE WINGED QUILL.BLOGSPOT.COM LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOU GRANT THE WINGED QUILL.BLOGSPOT.COM ALL RIGHTS TO DELETE, RE-USE OR USE IN ANY WAY THE DATA, INFORMATION OR ANY OTHER MATERIAL (ELECTRONIC OR NON-ELECTRONIC) THAT IS SENT BY YOU TO OUR BLOG THROUGH ANY OR ALL OF OUR SERVICES. YOU AGREE THAT YOU ARE GRANTING FULL, NON-REVOCABLE, ROYALTY FREE RIGHTS TO ANY MATERIAL POSTED BY YOU TO OUR BLOG.
Indemnification
You agree that you shall indemnify, defend, and hold harmless The Winged Quill.blogspot.com and its officers, directors, employees, agents, owners, and shareholders from and against any costs, expenses (including, among other expenses, reasonable attorneys' fees and expenses), losses, damages (specifically including, but not limited to, incidental, consequential, exemplary, special, indirect, or punitive damages), suits, claims, or liabilities incurred and arising from or relating to: 1) your use of the Blog of The Winged Quill.blogspot.com's services; 2) content you submit, post to, or transmit through the Blog; or 3) your violation of any of the terms of this Agreement, any applicable laws, or the rights of any Third Party.
Governing Law
Interpretation and enforcement of this Agreement shall be governed by the laws of the state of Michigan. You agree and consent to personal jurisdiction and exclusive venue in the federal and state courts within Muskegon County, Michigan, for any action arising out of or relating to your use of the Blog or The Winged Quill.blogspot.com's services. If any provision of this Agreement shall be held invalid or unenforceable in whole or in part for any reason, such provision shall be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability of any of the remaining provisions of this Agreement.
Entire Agreement
The parties acknowledge that this agreement, and any modifications to this agreement, constitute the complete agreement regarding this subject and supersede any prior oral or written communications relating to this subject.
