MyLadyWeb Free Gift Giveaway Disclaimer

See DMCA Notice Below

The MyLadyWeb Free Gift Giveaway Web Site (the "Site") is an online service provided by SpunSilk Web Design and the LadyWeb Family of Informational and Educational Websites ("MyLadyWeb "), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. MyLadyWeb MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copyright, Licenses and Idea Submissions.

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks areSpun Silk Web Design and The LadyWeb Family of Informational And Educational Websites, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE BEYOND ANY SPECIFIC RIGHTS GRANTED AND INCLUDED WITH EACH DOWNLOADABLE PRODUCT. You may print and download portions of material from the different areas of the Site solely for your own use, unless extended rights are specifically granted in writing, provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to MyLadyWeb 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 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 MyLadyWeb by all means and in any media now known or hereafter developed. You also grant to MyLadyWeb the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against MyLadyWeb for any alleged or actual infringement or misappropriation of any proprietary right in your communications to MyLadyWeb.

TRADEMARKS.

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of Spun Silk Web Design and The LadyWeb Family of Informational And Educational Websites. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

2. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied bySpun Silk Web Design and The LadyWeb Family of Informational And Educational Websites, MyLadyWeb does not operate, control or endorse any information, products or services on the Internet in any way. Except for MyLadyWeb-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with MyLadyWeb a. You also understand that MyLadyWeb cannot and does not guarantee or warrant that any third-party files that may be available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. In any case, 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 Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. MyLadyWeb PROVIDES THE SITE 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 NONINFRINGEMENT, 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 MyLadyWeb SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. 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. MyLadyWeb DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

LIMITATION OF LIABILITY

IN NO EVENT WILL Spun Silk Web Design and The LadyWeb Family of Informational And Educational Websites 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 MyLadyWeb 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, MyLadyWeb LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

MyLadyWeb makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-MyLadyWeb web site, please understand that it is independent from MyLadyWeb, and that MyLadyWeb has no control over the content on that web site. In addition, a link to a MyLadyWeb web site does not mean that MyLadyWeb endorses or accepts any responsibility for the content, or the use, of such web site.

3. Indemnification.

You agree to indemnify, defend and hold harmless Spun Silk Web Design and The LadyWeb Family of Informational And Educational Websites, 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.

4. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Spun Silk Web Design and The LadyWeb Family of Informational And Educational Websites 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.

5.Term; Termination.

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.

6.Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between MyLadyWeb and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. MyLadyWeb's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. MyLadyWeb may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.

LadyWeb Family of Informational and Educational Websites Copyright DMCA Notice

The Digital Millenium Copyright Act (DMCA) was passed by Congress in October 1998. The purpose of DMCA is two-fold: it limits the liability of service providers whose users are infringing upon the copyright of others, and defines the procedures necessary to report such infringement.

Infringement Notification Should you discover that content at LadyWeb, MyLadyWeb or any other site associated with or operated by SpunSilk Web Design or the LadyWeb Family of Informational and Educational Websites is infringing upon your copyright, you may file official notification of such infringement. Upon receipt of a valid notification, I will promptly take steps to disable access to the infringing material.

In order to be valid, a notification must include the following elements:
1. Identification of the copyrighted work claimed to have been infringed, in the form of the original URL of the image or work being infringed upon;
2. Identification of the material that is infringing upon your copyright, with reasonable information for LadyWeb, MyLadyWeb or any other site associated with or operated by SpunSilk Web Design or the LadyWeb Family of Informational and Educational Websites to locate the material (you must include the userid of the person who is infringing upon your copyright, and links to the allegedly infringing material);
3. Information reasonably sufficient for LadyWeb, MyLadyWeb or any other site associated with or operated by SpunSilk Web Design.com to contact you (a valid email address);
4. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."
5. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
6. Your signature
7. Send the written communication to the DMCA Infringement Notification Contact. Attn: LadyWeb, MyLadyWeb or any other site associated with or operated by SpunSilk Web Design.com, DMCA Infringement Notification

Upon receipt of notification, I will take steps to disable access to the infringing material if the material was not originally created by me. However, if I or the source that provided the material to me, believe that I or the 3rd party source are authorized to use the material, I am and the source of the material is entitled to file a counter-notification indicating this.

In order to be valid, the Counter Notification must include the following elements:
1. Identification of the material in question, including the location at which the material appears;
2. A statement, made under penalty of perjury, that I or the source have a good faith belief that the material in question was identified as a copyright violation as a result of mistake or misidentification, including the reasons why I or the source believe this;
3. My/Source full name, address, and telephone number, along with a statement that I/Source consent to the jurisdiction of Federal District Court for the judicial district in which my address is located, and that I/Source will accept service of process from the person who provided the initial notification.
4. My/Source signature

The original notifier will be provided with the counter-notification and access to the content will be provided again until an action has been filed seeking a court order to restrict access to the content.