WEBSITE TERMS OF USE
THIS WEBSITE, DOWNLOADED CONTENT IF ANY, AND RELATED SERVICES
(COLLECTIVELY, THE “SITE”) ARE PROVIDED SUBJECT TO THESE TERMS OF
USE. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR
CONTINUED USE OF THE SITE WILL INDICATE YOUR AGREEMENT TO BE
BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT
AGREE TO THESE TERMS AND CONDITIONS, PROMPTLY EXIT AND CEASE USE
OF THE SITE. THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT
BETWEEN COMPANY AND YOU PERTAINING TO THE SUBJECT MATTER
HEREOF. IN ITS SOLE DISCRETION, COMPANY MAY FROM TIME-TO-TIME
REVISE THESE TERMS OF USE BY UPDATING THIS POSTING. YOU SHOULD,
THEREFORE, PERIODICALLY VISIT THIS PAGE TO REVIEW THE CURRENT
TERMS OF USE SO YOU ARE AWARE OF ANY SUCH REVISIONS TO WHICH YOU
ARE BOUND.
1. Acceptance
THIS WEBSITE TERMS OF USE (“TERMS OF USE”) IS A LEGALLY BINDING
AGREEMENT BETWEEN EACH USER (INCLUDING ANY REGISTERED USER, TRIAL
USER, VISITOR, CORPORATE USER, OR AGGREGATOR) (“YOU” AND “YOUR”) AND
AYLMER PRESS (“COMPANY”). BY USING THE SITE, YOU AGREE THAT YOU
UNDERSTAND THE TERMS OF USE, AND THAT YOU CONSENT TO BE BOUND BY
ALL OF ITS TERMS AND CONDITIONS. THESE TERMS OF USE SET FORTH YOUR
RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF AND ACCESS TO THE
SITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THE SITE.
2. Ownership of the Site; Restrictions on Use
All pages within the Site and materials made available for download are the property of
Company. The Site is protected by United States and international copyright, trademark, and
patent laws. The contents of the Site, including without limitation the files, documents, text,
photographs, images, audio, video, and any materials accessed through or made available for use
or download through the Site (“Content”) may not be copied, distributed, modified, reproduced,
published or used, in whole or in part, except for purposes authorized or approved by Company,
including the provision of services or products to Company, or in connection with a business
relationship with Company. You may not frame, utilize framing techniques to enclose, or deep
link to, any name, trademark, logo, Content, or other proprietary information (including images,
text, page layout, or form) of Company without Company’s express written consent.
Company hereby grants you a non-exclusive, non-transferable license to use the Site, and
download content if any, solely for its intended purpose. As a condition of your use of the Site,
you warrant to Company that you will not use the Site for any purpose that is unlawful or
prohibited by these Terms of Use. If you breach any of these Terms of Use, your authorization to
use the Site automatically terminates and you must immediately destroy any downloaded or
printed materials.
You may not use automated systems (e.g., robots, spiders, etc.) to access or “harvest”
information from the Site. You agree not to collect personally identifiable information of other
users of the Site or to sell or otherwise exploit that information. You agree not to use the Site in
any manner that could damage, disable, overburden, or impair the Site.
Any rights not expressly granted by these Terms of Use or any applicable end user
license agreements are reserved by Company and its affiliates.
3. Confidential Information
You acknowledge that the Site and Content may include information that is confidential
and proprietary to Company (“Confidential Information”). Confidential Information includes
Content or information marked as “Confidential” or with a similar label, as well as any other
Content or other information that you know, or reasonably should know, is confidential or
proprietary to Company. If you are not sure whether Content is Confidential Information, contact
an authorized Company employee for clarification and do not disclose such Content to any third
party until you receive such clarification. You agree to keep all such Confidential Information
strictly confidential and to not disclose any such Confidential Information to any third party
without the advance written consent of Company. You agree to treat all Confidential Information
with the same care and caution as you would treat your own Confidential Information.
4. Accuracy and Integrity of Information
Although Company attempts to ensure the integrity and accurateness of the Site, it makes
no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the
Site and Content thereon. It is possible that the Site could include typographical errors,
inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be
made to the Site by third parties. In the event that an inaccuracy arises, please inform Company
so that it can be corrected. Any information, Content, service, function, or feature contained on
the Site may be discontinued, changed, or updated at any time with or without notice.
Additionally, Company shall have no responsibility or liability for information or Content posted
to the Site from any third party.
5. Access to Site
In the event access to the Site or a portion thereof requires a user ID and password
(“Protected Areas”), you agree to access Protected Areas using only your user ID and password
as on file with Company. You agree to protect the confidentiality of your user ID and password,
not to share or disclose your user ID or password to any third party, and to promptly notify
Company in the event you become aware your user ID or password may have been disclosed to
an unauthorized third party or otherwise compromised. Your access to the Site may be revoked
by Company at any time with or without cause. You agree to defend, indemnify, and hold
Company harmless from and against all third party claims, damages, and expenses (including
reasonable attorneys’ fees) against or incurred by Company arising out of your use or access of
the Site, or any breach of these Terms of Use.
6. Submissions / Uploads to the Site
If you submit, upload, post, or transmit any information or Content to the Site
(“Submissions”), you agree not to submit, upload, post, or transmit (a) anything that is
defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent,
pornographic, harmful, or that could encourage criminal or unethical behavior; (b) anything that
violates the intellectual property rights of any person or entity; or (c) a virus or any other harmful
component. Company and its affiliates shall have the perpetual sub-licensable right and license
to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote
Submissions in any way and in any commercial or non-commercial medium or form without
charge. You are responsible for making sure all Submissions that you originate or require are
properly backed up so you have ready access thereto in the event of loss, corruption, or
interruption. You agree to defend, indemnify, and hold Company harmless from and against all
third party claims, damages, and expenses (including reasonable attorneys’ fees) against or
incurred by Company arising out of any Submissions you submit, upload, post, transmit, or allow
to be posted to the Site.
7. No Duty to Monitor
You agree that Company is not liable for Content that is provided by others. Company
has no duty to screen or monitor Content that you or other users may submit, upload, post,
transmit, or allow to be posted, but Company does have the right to refuse to post or edit
submitted Content. Company reserves the right to remove any Content for any reason at any
time.
8. Infringement Notices
As provided in the Digital Millennium Copyright Act (DMCA), Company has designated
the following individual for notification of potential copyright infringement regarding the Site:
Aylmer Press
Signit2@hotmail.com
If you believe any content available through the Site infringes a copyright, please provide
the following information to the person identified above (17 U.S.C. § 512):
a. a physical or electronic signature of the copyright owner or authorized agent;
b. identification of the copyrighted work(s) claimed to have been infringed;
c. identification of the material that is claimed to be infringing or to be the subject of
the infringing activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit us to locate the material;
d. information regarding how Company may contact you (e.g., mailing address,
telephone number, e-mail address);
e. a statement that the copyright owner or its authorized agent has a good faith belief
that use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and
f. a statement that the information in the notification is accurate and made under
penalty of perjury, and, if an agent is providing the notification, a statement that
the agent is authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
9. Relationship Between Parties
This website is intended to raise the awareness of the negative and potentially lethal effects of
violence of all sorts, especially violence from any type of punch. The material available through
this website is the production of material of the Company. The material available may contain a
combination of fact, editorial and other content. The material may contain content of a graphic
nature, and violent nature. Children under the age of 13 may not view this site without parental
assistance and guidance.
10. Disclaimer of Warranties
COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE
WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE SITE WILL
BE CORRECTED. THE SITE, INCLUDING ANY CONTENT OR INFORMATION
CONTAINED WITHIN IT, OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS” and
“AS AVAILABLE,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT,
TITLE/NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A
COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE. COMPANY
SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE
MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH
THE SITE. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS,
TIMELINESS, OR AVAILABILITY OF THE INFORMATION OBTAINED THROUGH THE
SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SITE AND HYPERLINKED WEBSITES. COMPANY DOES NOT WARRANT THAT
CONTENT OR INFORMATION CONTAINED WITHIN THE SITE WILL BE FREE OF
VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING.
YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO
SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. YOU AGREE THAT
COMPANY SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING
DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SITE, CONTENT, OR
INFORMATION CONTAINED WITHIN THE SITE. YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND OF THE INTERNET.
11. Limitation of Liability Regarding Use of Site
COMPANY AND ITS AFFILIATES, VENDORS, LICENSORS, DEALERS, AND
ANY THIRD PARTIES MENTIONED ON THE SITE, EXCLUDING YOU TO THE EXTENT
YOU ARE NOT ACTING IN ONE OF THE AFOREMENTIONED ROLES, ARE NEITHER
RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM
LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR
RELATING IN ANY WAY TO THE SITE, CONTENT, OR INFORMATION CONTAINED
WITHIN THE SITE, AND ANY HYPERLINKED WEBSITE, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER
OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY
FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND
HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND THOSE SERVICES.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
12. Links to Other Sites
Company makes no representations whatsoever about any other website that you may
access through the Site. When you access a non-Company website, please understand that it is
independent from Company, and that Company has no control over the content on that website.
In addition, a hyperlink to a non-Company website does not mean that Company endorses or
accepts any responsibility for the content or the use of the linked website. It is up to you to take
precautions to ensure that whatever you select for your use or download is free of viruses,
worms, Trojan horses, and other destructive programming. If you decide to use or access any of
the third party websites linked to the Site, you do this entirely at your own risk.
13. Age of Users
Children under the age of thirteen (13) may not use the Site, and parents or legal
guardians may not agree to these Terms of Use on behalf of a child under the age of thirteen
(13). If Company becomes aware that a child under the age of thirteen (13) has provided or
attempted to provide Company with personal information, Company will use its best efforts to
remove the information permanently from its files.
If you are under the age of eighteen (18) but at least thirteen (13) years of age, you may
use the Site only under the supervision of a parent or legal guardian who agrees to be bound by
these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the
benefit of a child between the ages of thirteen (13) and eighteen (18), be advised that you are
fully responsible for his or her use of the Site, including all financial charges and legal liability
that he or she may incur.
14. Electronic Delivery Statement and Your Consent
You agree that Company may provide to you notices and other information concerning
Company or the Site electronically, including notice to any e-mail address that you may provide.
15. International Use
Company makes no representation that Content on the Site is appropriate or available for
use in locations outside the United States. If you choose to access the Site from a location outside
the U.S., you will do so on your own initiative and you are responsible for compliance with local
laws.
16. Privacy Policy
Information that you provide or that Company collects about you and your organization,
in connection with your access to and use of the Site, is subject to Company’s Privacy Policy, the
terms of which are hereby incorporated into these Terms of Use by reference. Your use of the
Site signifies your continuing consent to Company’s Privacy Policy.
17. General
Company reserves the right, in its sole discretion, to terminate your access to all or part of
the Site, with or without cause, and with or without notice. In the event that any of these Terms
of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such
provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of
Use shall otherwise remain in full force and effect. Certain provisions of these Terms of Use may
be superseded by expressly designated legal notices or terms located on particular pages within
the Site. Company’s failure to insist upon or enforce strict performance of any provision of these
Terms of Use shall not be construed as a waiver of any provision or right. You agree to pay and
be responsible for all sales taxes, use taxes, value added taxes, and duties imposed by any
jurisdiction as a result of the license granted to you, or of your use of Content or the Site. In the
event of any dispute or claim relating to the Site or these Terms of Use, you agree to resolution
of such dispute in the state or federal courts located in Dane County, Wisconsin in accordance
with Wisconsin state law. Any cause of action brought by you against Company or Company’s
affiliated parties must be instituted within one (1) year after the cause of action arises or be
deemed forever waived and barred. You consent to service of any required notice or process
upon you by registered mail or overnight courier with proof of delivery notice, addressed to the
address or contact information provided by you, or such other address as you may advise us in
writing to use, from time to time. You will not transfer, assign, or delegate your rights or
obligations (including your account) under this agreement to anyone without the express written
permission of Company, and any attempt to do so will be null and void. Company has the sole
discretion to assign this agreement.