Terms and Conditions of Use
Clay Dreaming Website

This website (the "Website," or the "Site") is provided to you by Tracie Koeplin, d/b/a Clay Dreaming ("Clay Dreaming", "we" or "us"). To assist you in using our Website, and to ensure a clear understanding of the relationship arising from your use of our Site and the services we offer through our Site, we have created (i) these Terms and Conditions of Use (the "Terms") and (ii) a Privacy Policy. Our Privacy Policy explains how we treat information you provide to us through the Site, and our Terms govern your use of our Site. Our Terms and Privacy Policy apply to any visitor at our Website, including (i) casual visitors to our Site ("Site Visitors"), and (ii) individuals who in the future (if we include this functionality) conduct transactions at our Site ("Site Customers").
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE 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, PLEASE DO NOT ACCESS OUR SITE.
1. Your Agreement
These Terms govern your use of the Website. Please read these Terms carefully; they impose legal obligations on you and on Clay Dreaming, and establish our legal relationship. By using our services or accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them.
In addition, if you affirmatively provide us with information or register as a Site Customer via our Website, during the submission process (and from time to time as we may require) you will be prompted to click an "I Accept" button, which further confirms your agreement to be legally bound by these Terms.
2. Grant of Rights
Provided you comply with these Terms, we grant Site Visitors, and Site Customers the right to access all publicly available areas of the Website for purposes of (i) learning more about our services and, with respect to Site Customers, the right (ii) to access all password protected areas of our Site, and (iii) to participate in all of our offerings for which they are eligible (collectively "Permitted Purposes").
In addition, we grant you the right to print out a reasonable number of pages from our Website, and circulate to others interested in our services a copy of these pages, provided that (a) you use these print-outs (and ensure your recipients use these print-outs) only for Permitted Purposes, and (b) you retain on these print-outs any copyright notices or other proprietary notices as they appear on our Website. Apart from your express right to use and print for Permitted Purposes, you may not use, copy, modify, distribute, or access our Website, or any materials we have made available on the Site.
3. Clay Dreaming Ownership; Reservation of Rights
All information, software, artwork, text, video, audio, pictures, logos, and other content on the Website or embodied in our online services are protected by copyright and other intellectual property laws, and are owned by Clay Dreaming and its licensors, or are included under principles or "fair use". Clay Dreaming retains all rights with respect to the Website except those expressly granted to you in Section 2, above.
4. Links to Third-Party Sites
The Website may contain links or produce search results that reference links to third party Websites (collectively "Linked Sites"). Clay Dreaming has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on Linked Sites. Clay Dreaming does not endorse the content of any Linked Site, nor does Clay Dreaming warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk.
5. Code of Conduct
As a condition to your use of the Website, you agree to follow our Code of Conduct, set out below. Under this Code, you will not:
· Use the Website in a manner that could disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
· Seek to obtain access to any materials or information through "hacking" or through other means we have not intentionally made available to you through the Website.
· Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing.
· Transmit materials through the Site that you know or should know contain viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
· Infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials - such as music, videos, games, images, and text in electronic form -- can easily be copied, modified and sent over networks (such as the Internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Website without the copyright owner's permission, or without a legitimate "fair use" justification for the transmittal.
· Disseminate materials that invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private or sensitive information about another person, without that person’s consent.
· Transmit or display obscene materials, particularly those that contain child pornography or other pornographic images or content.
· Use the Website for any purpose that is unlawful or prohibited by these Terms.
We will enforce the above Code of Conduct wherever we deem necessary. Please understand, however, that Clay Dreaming does not control - and does not necessarily endorse -- the content, messages, or information found in any community area we may make available via the Site. When you participate in such areas, you do so at your own risk, and we expressly disclaim responsibility for the content, messages, or information found in these areas.
6. Revocation or Suspension of Use Privileges
We reserve the right at any time to terminate or suspend your access to some or all of the Website if you engage in activities that we conclude, in our discretion, breach our Code of Conduct.
7. Submitted Content
If we decide to allow postings to our Website, and if you post content to our Website, by electronic mail or otherwise, we will treat the content as non-confidential and nonproprietary to you. By posting content on the Website (if such features are available to you), you authorize us to use and allow others to use, distribute, modify, and copy the content, without compensation to you and for so long as we deem warranted (collectively, "Use Rights"). Moreover, in posting this content to our Website, you warrant that you have sufficient authority and right to post the information, and provide these Use Rights. Rest assured that these Use Rights do not apply to personally identifiable information you submit under our Privacy Policy, and our Privacy Policy strictly governs any such information.
8. Warranty Disclaimer
Clay Dreaming does not promise that the Website will be error-free or uninterrupted, or that the Site will provide specific results from your use of any content, search, or link on the Site. The Site, and all services on the Site are delivered on an "AS IS" and "AS AVAILABLE" basis. Clay Dreaming does not warrant or represent that files you download from the Site will be free of viruses or other harmful features. CLAY DREAMING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT USE OF THE CLAY DREAMING SITE AND RELATED SERVICES IS AT YOUR SOLE RISK.
9. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL CLAY DREAMING BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE CLAY DREAMING SITE. IN NO EVENT SHALL CLAY DREAMING'S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE SITE OR ANY SERVICES YOU RECEIVE FROM THE SITE ("SITE SERVICES") EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO CLAY DREAMING FOR SUCH SITE SERVICES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
10. Indemnity
You agree to defend, indemnify, and hold Clay Dreaming and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms.
11. Contact for Alleged Copyright Infringement
Clay Dreaming respects the intellectual property rights of others and requires that its users do the same. If you believe that any content available on the Clay Dreaming Site or other activity taking place on the Site constitutes infringement of a work protected by copyright (a "Work"), please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, as follows:
Clay Dreaming: Tracie Koeplin
Clay Dreaming Pottery Studio
186 Cabot St.
Beverly, MA 01915
Email:  tracie@claydreaming.com
Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
12. Additional Terms for Certain Services or Sites
We may offer certain further services at the Site that are subject to additional or different terms and conditions. We will notify you if the site or service you are accessing is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such sites or services, if you do not agree with the differing terms and conditions.
13. Modifications to these Terms
If we modify these Terms, any such modifications will take effect proactively, upon your subsequent access to the Website. Please feel free to print out a copy of these Terms for your records.
14. Assignment
These Terms of Service shall not be assignable by you, either in whole or in part. Clay Dreaming reserves the right to assign its rights and obligations under these Terms.
15. General
These Terms and the Privacy Policy shall be governed in all respects by the laws of Commonwealth of Massachusetts without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the courts in Commonwealth of Massachusetts, in the judicial district that includes Boston, Massachusetts. The parties further agree that any cause of action arising under these Terms shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Clay Dreaming's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between Clay Dreaming and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
16. Survival
The following provisions shall survive the termination of these Terms and shall apply indefinitely:
Section 3 (Clay Dreaming Ownership; Reservation of Rights)
Section 7 (Submitted Content) (with respect to Use Rights)
Section 8 (Warranty Disclaimer)
Section 9 (Limitation of Liability)
Section 10 (Indemnity)
Section 14 (Assignment)
Section 15 (General)
Section 16 (Survival)
17. Contact Us
You may contact us for any reason at the following addresses:
Attention: Tracie Koeplin
Clay Dreaming Pottery Studio
186 Cabot St.
Beverly, MA 01915
Phone: (978) 927-1414
Email: tracie@claydreaming.com
18. Effective Data
The effective date of these Terms is September 3, 2009
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