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McCoyPottery.com: Discussion List Terms of Use
BELLA MIA, INC DISCUSSION LIST TERMS OF USE The Bella Mia, Inc. (“BMI”) discussion list service (the "Service") provides lists to share e-mail messages with list members through the McCoyPottery.com Web site. The following are the terms and conditions for use of this Service (collectively, the "Terms of Use"). Please read them carefully.

BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I AGREE" BUTTON, YOU ARE STATING THAT YOU ARE AT LEAST 18 YEARS OF AGE, THAT YOU ARE ELIGIBLE TO USE THIS SERVICE, AND THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS TERMS OF USE.

1. MEMBER CONDUCT The Service is designed to promote the free-flowing exchange of ideas about a particular discussion list topic. The opinions and views expressed by members of a mailing list do not reflect those of BMI. The contents of messages are based on data submitted by individual users, and BMI may not review, screen or edit messages posted in any discussion list. BMI reserves the right to terminate your use of the Service, or to remove any message or mailing list from the Service at any time, without notice, in BMI's sole discretion. BMI encourages you to bring violations of the Terms of Use to BMI's attention, although we do not guarantee any action based on such information. You agree to abide by all applicable local, state, national and international laws and regulations when using the Service, and that you are solely responsible for all acts or omissions that occur on any e-mails that you send to any of the BMI mailing lists. By way of example, and not as a limitation, you agree that BMI may remove content or messages, or terminate your account or any list created by you, if BMI believes, in its sole discretion, that you are engaged in any of the following activities:

i. Using the service for illegal purposes or for posting material that is unlawful, harassing, abusive, threatening, harmful, vulgar, obscene, tortuous, libelous, invasive of another's privacy, or otherwise objectionable, including but not limited to material that contains blatant expressions of bigotry, prejudice, racism, hatred, or profanity, or that promotes or provides instructional information about illegal activities or promotes physical harm or injury against any group or individual;

ii. Violating the rights of third parties, including but not limited to rights of publicity, copyright, trademark, patent, trade secret and other intellectual property rights; iii. Interfering with or disrupting the Service -- or servers, computer systems, or networks connected to the Service -- or interfering with another user's use and enjoyment of the Service, including but not limited to (a) transmitting any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs, or (b) attempting to gain unauthorized access to the Service, other's accounts on the Service, or private mailing lists on the Service through password mining or any other means;

iii. Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;

iv. Providing false information on your registration form, or attempting to mislead others as to the identity of the sender or the origin of a message;

v. Distributing content that consists of hyperlinks to sites that contain content not allowed on the Service;

vi. Engaging in any conduct which constitutes your promoting the commercial interests of yourself or any third party; or,

vii. Engaging in any other conduct BMI, in its sole discretion, believes is improper.

2. TERMINATION Any misuse of the Service, as determined solely by BMI, will cause termination and your removal from any or all discussion lists. BMI reserves the right to delete all data or postings made by you in any list with or without cause at any time and effective immediately, without prior notice.

3. NO SPAM BMI will immediately terminate any list member that it believes, in its sole discretion, is using the list for transmitting any junk mail, spam, chain letters, or other unsolicited bulk e-mail, commercial or otherwise.

4. INDEMNIFICATION You agree to indemnify, defend and hold harmless BMI, its subsidiaries, affiliates, officers, and employees from any loss, liability, claim, demand, damage, or expenses (including reasonable attorney's fees) asserted by any third party due to or arising from or in connection with your use of or conduct on the Service. BMI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

5. MODIFICATIONS TO TERMS OF USE OR TO THE SERVICE BMI reserves the right to change the Terms of Use at any time without notice. BMI also reserves the right to modify or discontinue the Service, temporarily or permanently, with or without notice to you. You agree that BMI shall not be liable to you or any third party for any modification to or discontinuance of the Service.

6. YOUR PROPRIETARY RIGHTS You agree that upon posting any material on the Service, you grant BMI, and its successors and assigns, a non-exclusive, worldwide, royalty free, perpetual, non-revocable license under your copyrights or other intellectual property rights, if any, in such material, to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in any manner, in whole or part, without any duty to account to you. You also grant BMI the right to authorize the downloading and printing in whole or in part of any material that you have posted to a group on the Service, by end-users for their personal use.

7. BMI'S PROPRIETARY RIGHTS You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, graphics, video, page layout and design or other material contained in the Service or information presented through the Service by BMI or BMI's advertisers is protected by their copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that BMI can display images and text throughout the Service, including the insertion of sponsor messages into messages distributed on BMI mailing lists.

8. DISCLAIMER OF WARRANTIES THE MATERIALS AVAILABLE THROUGH BMI AND ANY THIRD PARTY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. BMI DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON THE SERVICE. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. BMI IS NOT RESPONSIBLE FOR THE CONTENT OF MESSAGES DISTRIBUTED THROUGH MAILING LISTS, AND ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF INFORMATION DISTRIBUTED THROUGH THIS SERVICE. BMI MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, NOR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. BMI DOES NOT MAKE ANY WARRANTY OR REPRESENTATION AS TO THE USE OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE. 9. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, SHALL BMI BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF BMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. MISCELLANEOUS The Terms of Use and the relationship between you and BMI shall be governed by and construed in accordance with the laws of the State of Connecticut and the United States without regard to conflict of law provisions. You and BMI agree to submit to the personal and exclusive jurisdiction of the courts located in the state of Connecticut. The failure of BMI to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid or contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the parties' intentions, and the other provisions of the Terms of Use shall remain in full force and effect.

I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AND AGREE TO BE BOUND BY ALL OF ITS TERMS. I AGREE

I AGREE
 

 

 

 

 

 

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