Terms Of Service
1. The Agreement and Changes to It
1.1 The Dragontreepress.com or Dragontree.com web site (the "Website") is an online information service provided by Dragontreepress.com or Dragontree.com ("Dragontreepress.com or Dragontree.com"), subject to your compliance with the terms and conditions set forth below. Please read this document carefully before accessing or using the Website. By accessing or using the Website, you (the "User") agree to be bound by the terms and conditions set forth below, applying not only to this Website but also to any other websites owned by the webmaster and to past or future email or Usenet or forum posts by the webmaster. If you do not wish to be bound by these terms and conditions, you may not access or use the Website. Dragontreepress.com or Dragontree.com may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the Website. You agree to review the Terms of Service periodically to be aware of such modifications and your continued access or use of the Website shall be deemed your conclusive acceptance of the modified Terms of Service.
1.2 Dragontreepress.com or Dragontree.com may change any of the terms of service contained herein at any time. Changes will become effective when Dragontreepress.com or Dragontree.com posts the changes to the Terms of Service on the Dragontreepress.com or Dragontree.com website. If the User does not agree to the changes, he/she may cease use of the Website at any time. Continued use of the Website by the User constitutes acceptance of the modified Terms of Service.
1.3 The Terms of Service constitutes the entire agreement between Dragontreepress.com or Dragontree.com and the User with respect to the Website. Headings in the Terms of Service are for convenience only and do not have any legal meaning or effect. If any part of the Terms of Service is invalid, the rest of the Terms of Service will remain in effect. If Dragontreepress.com or Dragontree.com waives or fails to enforce any term or condition of the Terms of Service on any one or more occasions, whether by conduct or otherwise, its waiver or failure to enforce will not mean that it must waive or cannot enforce such term or condition on any other occasion, or any other term or condition of the Terms of Service. The meaning of the Terms of Service cannot be changed by Dragontreepress.com or Dragontree.com or the User or by any custom or practice of others engaged in the same or similar activities.
2. Intellectual Property Guidelines
2.1 The User expressly acknowledges and agrees that the Website contains information, text, software, photos, video, graphics, music, sounds and other material (called "Materials") that are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights (called "Intellectual Property Rights"), that these Intellectual Property Rights are valid and protected in all forms, media and technologies existing now or developed later, and that all right, title and interest in and to these Materials, including but not limited to all Intellectual Property Rights, belong solely and exclusively to Dragon Tree Press.
2.2 All copyrights and copyrightable materials which are a part of Dragontreepress.com or Dragontree.com including, without limitation, logos, designs, text, graphics, pictures, photos, files, software, applications, code, hidden text, databases and other files and the selection and arrangement thereof are COPYRIGHT (c) 2005 Dragon Tree Press. ALL RIGHTS RESERVED.
2.3 Dragon Tree Press, Dragontreepress.com or Dragontree.com, the Dragontreepress.com or Dragontree.com logo, graphics, and icons in the software are trademarks, service marks, trade dress, and/or registered trademarks of Dragon Tree Press, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Dragon Tree Press.
2.4 The contents of Dragontreepress.com or Dragontree.com may be displayed and downloaded for personal, non-commercial and informational use only; provided that said contents may not, without the permission of Dragontreepress.com or Dragontree.com or the respective copyright owner, be altered or displayed without the Dragontreepress.com or Dragontree.com Copyright notice and these Intellectual Property Guidelines. Any unauthorized use of intellectual property will be a breach of the Terms of Service and a violation of applicable law.
2.6 You agree to grant to Dragontreepress.com or Dragontree.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform in any media now known or hereafter developed any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the site (such as bulletin boards, forums and newsgroups) or by e-mail to Dragontreepress.com or Dragontree.com. You agree that you shall have no recourse against Dragontreepress.com or Dragontree.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications, submissions or postings to Dragontreepress.com or Dragontree.com.
2.7 The User acknowledges that Dragontreepress.com or Dragontree.com will be irreparably harmed by the unauthorized use of the Materials or the Website and, further, that monetary damages may not be a sufficient remedy for such harm. It is understood and agreed that Dragontreepress.com or Dragontree.com shall be entitled, without waiving any other rights or remedies and without further demonstration of irreparable harm or the inadequacy of monetary damages, to obtain injunctive or other equitable relief in the event of any unauthorized use of the Materials or the Website.
3. Use of the Website
3.1 You understand that Dragontreepress.com or Dragontree.com does not operate, control or endorse any information, products or services in any way. All information, products and services mentioned at the Website or on the internet generally are offered by third parties, that are not affiliated with Dragontreepress.com or Dragontree.com you also understand that Dragontreepress.com or Dragontree.com cannot and does not guarantee or warrant that links from the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Website and the internet. Dragontreepress.com or Dragontree.com provides the Website and related information "as is" and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or no infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and Dragontreepress.com or Dragontree.com shall not be liable for any cost or damage arising either directly or indirectly from any such transaction or use. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally. Dragontreepress.com or Dragontree.com does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected.
3.2 You understand further that the pure nature of the internet contains unedited materials some of which are sexually explicit or may be offensive to you. Your access to such materials is at your risk. Dragontreepress.com or Dragontree.com has no control over and accepts no responsibility whatsoever for such materials.
4. Venue and arbitration
4.1 By reading anything at the Dragontreepress.com or Dragontree.com Website, you expressly agree that these Terms of Service and your permission and use of this Website will be governed by the internal laws of the State of California. You agree that if any court action is brought it will be in a federal court in San Francisco, California or in California state court in the county of residence of the webmaster. You agree and expressly consent to jurisdiction and venue in the above courts. If in spite of the foregoing and other provisions in this Terms of Service, any court action or arbitration action or other action is filed against the webmaster in some area other than those stipulated above, then the person filing such action will reimburse the webmaster for all expenses incurred such as travel, long distance, messenger service, and out-of-area legal fees, regardless of whether the action is moved from that location and regardless of who prevails in the actual issue.
4.2 Mediation/Arbitration: In case of any complaint or dispute you agree to submit the dispute to mediation pursuant to the rules of the American Arbitration Association. If the dispute is not resolved by mediation you agree to submit the dispute to binding arbitration before one arbitrator in accordance with the rules of the American Arbitration Association. The hearing locale for the mediation shall be in the county of the residence of the webmaster of Dragontreepress.com or Dragontree.com.
4.3 Any filing of any kind against the webmaster must be preceded by notice of quarrel, sent by certified mail specifying acceptable remedy and minimum of 60 day cure period. After this time if the claimant is still not satisfied, he must send another certified notice specifying acceptable remedy and allowing a further 60 days.
4.4 -- If any filing of any kind initiated by the User in any venue, including any court or arbitration proceeding, is later dismissed as 'frivolous' or the Dragontreepress.com or Dragontree.com webmaster prevails in the outcome, the filer will pay as minimum all the Dragontreepress.com or Dragontree.com webmaster's expenses as above, including legal and attorney costs, plus double that amount as compensation for personal time and anguish, plus any further damages the court or arbitrator may direct at that time.
6. Pseudonym, other material by webmaster
6.1 By reading this Website, you are accepting this as a legitimate agreement between you and the webmaster, regardless of whether the webmaster's real name is not revealed here, and you agree to waive any legal challenge based on this issue.
6.2 All of these Terms of Service, as it is now and as it may be amended in future, also applies to other websites by the webmaster, regardless of pseudonym or name she uses at that Website, and to any past or future correspondence or email from her or past or future posts by her to Usenet or other internet forums, regardless of pseudonym or name used. By reading this Dragontreepress.com or Dragontree.com Website, you are agreeing that any quarrel or dispute arising out of the webmaster's other websites or Usenet or forum posts or correspondence or emails, past or future, regardless of pseudonym or name used, will also be subject to the above provisions including venue, notice, arbitration, and reimbursement and compensation to the Dragontreepress.com or Dragontree.com webmaster, and will be subject to all the other terms above and below in this Terms of Service, and in all future versions of the Terms of Service.
If any provision of these terms and conditions of use shall be determined to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. However first, if the general intent can be ascertained and is in the interest of the webmaster, any such provision will be considered as though it had been worded properly and it will be enforceable.
8. Limitation of liability
In no event will Dragontreepress.com or Dragontree.com be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if Dragontreepress.com or Dragontree.com or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, Dragontreepress.com or Dragontree.com liability is limited to the greatest extent permitted by law. Dragontreepress.com or Dragontree.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Website. When you access a non-Dragontreepress.com or Dragontree.com web site, please understand that it is independent from Dragontreepress.com or Dragontree.com, and that Dragontreepress.com or Dragontree.com has no control over the content on that web site. In addition, a link to a Dragontreepress.com or Dragontree.com web site does not mean that Dragontreepress.com or Dragontree.com endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless Dragontreepress.com or Dragontree.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement (including negligent or wrongful conduct) by you or any other person accessing the service.
10. Third party rights
The provisions of each paragraph of these Terms of Service are for the benefit of Dragontreepress.com or Dragontree.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf. Dragontreepress.com or Dragontree.com may assign its rights and duties under this agreement to any party at any time without notice to you.
11. Pre-existing contracts.
Nothing in these Terms of Service will affect any rights granted to the Dragontreepress.com or Dragontree.com webmaster in pre-existing contracts, regardless of name or pseudonym used in such contracts.