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Terms of service

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

Permission is granted to temporarily download one copy of the materials
(information or software) on Modelboard’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 Modelboard’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.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Modelboard 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

The materials on Modelboard’s web site are provided “as is”. Modelboard 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, Modelboard 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 Modelboard 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 Modelboard’s Internet site, even if Modelboard or a Modelboard 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 Modelboard’s web site could include technical, typographical, or photographic errors. Modelboard does not warrant that any of the materials on its web site are accurate, complete, or current. Modelboard may make changes to the materials contained on its web site at any time without notice. Modelboard does not, however, make any commitment to update the materials.

6. Links

Modelboard 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 Modelboard of the site. Use of any such linked web site is at the user’s own risk.

7. Site Terms of Use Modifications

Modelboard 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.

8. Governing Law

Any claim relating to Modelboard’s web site shall be governed by the laws of the State of Amsterdam, the Netherlands without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
We will only retain personal information as long as necessary for the fulfillment of those purposes.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

Author terms of service

Legal Agreement

The Content Provider Agreement set forth in the below terms applies to all individuals and organizations supplying content to our Publication & Site (“Content Provider”) and constitutes a binding, legal agreement (“Agreement”) between the Content Providers and Company. By providing content, you accept the terms and conditions described below, and you warrant and represent that you have the legal capacity to enter into this Agreement.

Introduction

Modelboard Magazine is a (mobile) publication website that serves to facilitate, promotes and supports crochet education through audio, video, text, photographs and illustrated learning products. Our Publication exists as a resource for content producers and publishers to distribute their works and lessons for readers of publication to consume. Digital content (“Content”) may consist of audio, video, data, text, photographs, graphics, illustrations, or other materials.

Content

As a Content Provider distributing your work through Modelboard Magazine, you retain 100% of your copyright in the Content. You do, however, grant Modelboard Magazine the non-exclusive license right to post, display, distribute that Content publication and website, giving you 100% of the credit. Modelboard Magazine also reserves a license right to excerpt your Content for use in marketing materials, providing that we credit you and/or the original author/designer, and to make minor modifications to the Content for technical or editorial reasons. This can include Modelboard Magazine’s right to offer free samples of the Content with Content Provider’s approval.
In addition, Modelboard Magazine reserves the right to display advertising before, after or in conjunction with the Content.
As a Content Provider distributing Content through Modelboard Magazine, you represent and warrant that the Content:
a. Is owned by you, or to the extent owned by someone else, that you have obtained that party’s express permission to provide the Content to Modelboard Magazine for use, copying and distribution under the license in this Agreement;
b. Does not violate any copyright, trademark, trade secret or other intellectual property right;
c. Does not invade any individual’s right of privacy or publicity;
d. Does not contain material that is unlawful, obscene, defamatory, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
e. Does not break the law, facilitate the breaking of the law, or violate any applicable regulation or Modelboard Magazine rule or policy;
f. Does not offer or disseminate fraudulent goods, services, schemes, or promotions, or promote domain names, URLs, or hyperlinks that constitute commercial content such as that found in advertising, promotions, or solicitations;

That if any of the above representations and warranties set forth directly above are not true, that you will indemnify Modelboard Magazine for any breaches or misrepresentations, takings or misappropriations, infringement or piracy of the Content, including any and all damages, attorney’s fees and other expenses related to any such misrepresentation or breach of warranty.
To the best of your knowledge, all purported factual information in the Content is true and accurate.

Content Providers are prohibited from using Modelboard Magazine to impersonate another person or entity or to forge any e-mail communication or message. Despite all this, Modelboard Magazine cannot guarantee the accuracy, integrity or quality of Content.

Modelboard Magazine maintains high editorial standard for Content submitted to the Publication or Site. The mission of Modelboard Magazine is to educate and inspire and we reserve the right to remove or refrain from publishing any content that we feel does not meet our quality standards and/or does not serve educational or inspirational purposes. Content Providers should look to the Publication’s and Site’s existing inventory of Content as a guideline as to which forms of Content are acceptable for publication.

Removing Content and/or Terminating Agreement

You can remove Content from Modelboard.com if you no longer wish to distribute it through the Site. However, Content provided to the Publication cannot be un-archived once published.
Operation of Site and Publication

Modelboard Magazine may at its discretion suspend or terminate operation of the Site or Publication for maintenance or other reasons. In addition, for maintenance reasons, because of technical issues or for other reasons we may make Modelboard Magazine unavailable from time to time. Modelboard Magazine makes no commitment, warranty or guarantee that the Site or Publication will operate in a timely, uninterrupted or error-free manner, or that the Site or Publication will meet Content Provider’s purposes but in any event will do our best to ensure that it meets your requirements for satisfaction.
Modelboard Magazine may also in its discretion modify the features, availability, operation and/or look and feel of the Site and Publication from time to time without notice to our Content Providers. As noted above, we will remove Content or users we deem to be in violation of our Terms of Use.

Disclaimers

The Site and Publication and all software, services, information, materials, forums, tools and Content provided or offered on the Site and Publication are provided or offered by Modelboard Magazine and its third-party licensors and content providers on an “as-is”, “as-available” basis, without representation or warranty of any kind by Modelboard Magazine, including but not limited to the implied warranties of merchantability, non-infringement and fitness for a particular purpose. Without limiting the prior statement, LearnOutLoud.com cannot vouch for the quality, accuracy, completeness, or currentness of any Content or information sold or provided through the Site or Publication.

Limitation of Liability

In no event shall Modelboard Magazine or any of its officers, employees, directors, affiliates, agents or third-party licensors and content providers be liable to you or anyone else for any special, consequential, indirect, cover, punitive, incidental or similar damages (including, without limitation, lost profits, lost sales, or lost business) directly or indirectly related to or arising out of the Site and Publication, Content on the Site and Publication, or any transaction entered hereunder, whether in contract, tort or otherwise, even if Modelboard Magazine or one of its officers, employees, affiliates or agents has been advised of the possibility of such damages. Any action under this Agreement must be commenced within one (1) year after such cause of action occurs.

Proprietary Rights

Modelboard Magazine is the owner of all intellectual property rights, including all copyright, patents, and trademarks, associated with the Site and Publication, including all associated software, text, graphics, and logos, but exclusive of content provided by third parties, which are owned by the licensors of such content. In addition, the overall look and feel and the compilation of all materials and content on Site and Publication are owned by Modelboard Magazine. Content Provider agrees not to modify, copy, distribute or reverse engineer any of the software included on the Site or Publication. Modelboard Magazine and its third-party licensors reserve all rights not expressly granted in this Agreement.

Miscellaneous Legal Information

This Agreement is binding. No amendments or modifications may be made except as set forth in the Agreement and Amendments section below or in a written document, signed by both parties. The failure by any party to exercise any right provided herein shall not be deemed a waiver or forfeiture of any such right.
This Content Provider Agreement and all rights appurtenant hereto shall be fully transferable or assignable by Modelboard Magazine, in whole or in part, by operation of law, by virtue of an acquisition or merger of Modelboard Magazine, or otherwise, without any consent of Content Provider. Modelboard Magazine without any additional notice or consent on the part of Content Provider may enter into any agency or sub-distribution or superdistribution agreements with respect to the Content or other materials of Content Provider. Subject to the above, this Agreement shall be binding upon and inure to the benefit of the successors and assigns of the respective Parties hereto.
Every provision of this Agreement is intended to be severable. If any section of this Agreement is found to be invalid or unenforceable, then such section will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the section will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect.
This Agreement is governed by the laws of the State of Michigan, without regard to its choice of law provisions. The parties agree that any dispute involving Modelboard Magazine related to this Agreement or the Site or Publication that cannot be settled by good faith negotiation shall be submitted to arbitration in accordance with the rules of the American Arbitration Association. The location of the arbitration shall be Detroit, Michigan. The arbitration shall be conducted by a single arbitrator with experience in computer/technology matters and in the publishing industry. The decision of the arbitrator shall be legally binding and shall be enforceable in any court of competent jurisdiction.
Each party shall be excused from performance and shall not be liable for any delay caused by the occurrence of any contingency beyond the reasonable control either of the excused party or its subcontractors or suppliers, except for obligations to make payments hereunder. These contingencies include, but are not limited to, war, sabotage, insurrection, riot or other act of civil disobedience, labor disturbance or shortage, act of public enemy, failure or delay in transportation, act of any government affecting the terms hereof, accident, fire, explosion, flood, severe weather or other act of God. This Agreement does not designate either party as the agent, employee, legal representative, partner or joint venturer of the other party for any purpose whatsoever.

Term

This Agreement is effective until terminated. Modelboard Magazine may terminate or suspend this Agreement immediately if in Modelboard Magazine’s sole judgment Content Provider breaches any of the terms and conditions of this Agreement. All provisions of this Agreement relating to payment, disclaimers, limitation of liability, indemnification, confidentiality, and proprietary rights shall survive termination or expiration of this Agreement.

Agreement and Amendments

Through this Agreement you are indicating that you have the full power and authority to enter into and perform in accordance with the terms of this Agreement. You also agree that this Agreement is a legal, valid and binding obligation, and that its terms and conditions can be enforced. We encourage you to print and keep a copy for reference.
Modelboard Magazine may change the terms in this Agreement from time to time. When the terms are changed, Modelboard Magazine will make a posting on the Site regarding the change. You agree to review the terms of this Agreement from time to time. If you do not agree to be bound by any future changes, you should promptly notify Modelboard Magazine.