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COPYRIGHT AND LEGAL INFORMATION
Contents of The Pumpkin Patch are
�Copyright 1996 Halloween Online, all rights are
reserved, and may not be reproduced in any form in part or whole without permission. Any
trademarked names mentioned without accompanying trademark symbol in this online magazine
(website) are the property of their respective owners and are used only in editorial
fashion without intent of infringement of such trademarks. The Pumpkin
Patch, and it's
publisher, Halloween Online, are totally independent of, and do not endorse any
company or product. The Pumpkin Patch and its activities, including this site, are
supported financially solely by Halloween Online and it's advertisers.
Do not steal our bandwidth by directly linking to
our graphics or other web related objects.
The Pumpkin Patch cannot vouch for
reported product claims. All stated product prices, unless stated otherwise, are list
prices in U.S. dollars, and are current as of the initial time of publication.
The Pumpkin Patch is provided free to our readers for personal entertainment, information,
education, and communication. You may download material displayed on this site for
non-commercial and personal use only, provided you also retain all copyright and other
proprietary notices contained on the materials. You may not, however, distribute, modify,
transmit, reuse, re-post, or use the content of the Site for public or commercial
purposes, including the text, images, audio, and video without the express permission from
The Pumpkin Patch.
You should assume that everything you see,
read or hear at The Pumpkin Patch is copyrighted unless otherwise noted and may not be
used without the written permission of The Pumpkin Patch. The Pumpkin
Patch neither
warrants nor represents that your use of materials displayed on this site will not
infringe on rights of third parties not owned by or affiliated with The
Pumpkin Patch or
Halloween Online.
While The Pumpkin Patch uses reasonable
efforts to include accurate and up to date information in this publication,
The Pumpkin Patch makes no warranties or representations as to its accuracy.
The Pumpkin Patch
assumes no liability or responsibility for any errors or omission in the content of the
Site. Your use of and browsing of The Pumpkin Patch are at your risk. Neither
The Pumpkin Patch nor any other party involved in creating, producing, or delivering this site
is liable for any direct, incidental, consequential, indirect, or punitive damages arising
out of your access to, or use of The Pumpkin Patch.
The Pumpkin Patch
(pumpkinpatch.com )
READ THESE TERMS AND
CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent
to these terms of use. If you do not agree to these terms of use, please do not use the
site. We reserve the right, at our discretion, to change, modify, add, or remove portions
of these terms at any time. Please check these terms periodically for changes. Your
continued use of The Pumpkin Patch (pumpkinpatch.com) following the posting of
changes to these terms (including the The Pumpkin Patch Privacy Policy and House
Rules) will mean you accept those changes.
RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated by The
Pumpkin Patch (referred to as "The Pumpkin Patch," "we,"
"us," or "our" herein). No material from The
Pumpkin Patch (pumpkinpatch.com) may be copied, reproduced, republished, uploaded, posted,
transmitted, or distributed in any way, except that you may download one copy of the
materials on any single computer for your personal, non-commercial home use only, provided
you keep intact all copyright and other proprietary notices. Modification of the materials
or use of the materials for any other purpose is a violation of The
Pumpkin Patch's
copyright and other proprietary rights. For purposes of these terms, the use of any such
material on any other Web site or networked computer environment is prohibited. All
trademarks, service marks, and trade names are proprietary to The
Pumpkin Patch and/or
their respective authors
In the event you download software from the
site, the software, including any files, images incorporated in or generated by the
software, and data accompanying the software (collectively, the "Software") are
licensed to you by The Pumpkin Patch. The Pumpkin Patch does not transfer title to the
Software to you. You own the medium on which the Software is recorded, but
The Pumpkin Patch retains full and complete title to the Software, and all intellectual property rights
therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or
otherwise reduce the Software to a human-perceivable form.
FORUMS AND PUBLIC COMMUNICATION
"Forum" means a chat area, bulletin
board, or e-mail function offered as part of The Pumpkin Patch. You shall not
upload to, distribute through, or otherwise publish through The
Pumpkin Patch (pumpkinpatch.com) any content which is libelous, defamatory, obscene,
pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or
otherwise objectionable that would constitute or encourage a criminal offense, violate the
rights of any party, or that would otherwise give rise to liability or violates any law.
The Forums shall be used only in a
noncommercial manner. You shall not, without our express approval, distribute or otherwise
publish any material containing any solicitation of funds, promotion, advertising, or
solicitation for goods or services. You specifically acknowledge that soliciting other
The Pumpkin Patch guests to join or become members of any commercial online service or other
organization is expressly prohibited. You must also follow the House Rules whenever you
are using The Pumpkin Patch.
It is our policy to respect the privacy of
all guests. Therefore, in addition to the privacy of Registration data, (see our Privacy
Policy), we will not monitor, edit, or disclose the contents of a guest's e-mail unless
required in the course of normal maintenance of The Pumpkin Patch and its systems
or unless required to do so by law or in the good-faith belief that such action is
necessary to: (1) comply with the law or comply with legal process served on
The Pumpkin Patch; (2) protect and defend the rights or property of The
Pumpkin Patch; or (3)
act in an emergency to protect the personal safety of our guests or the public. Guests
shall remain solely responsible for the content of their messages.
JURISDICTIONAL ISSUES
This site is controlled and operated by
The Pumpkin Patch from its offices within the State of California, United States of
America. The Pumpkin Patch makes no representation that materials in the site are
appropriate or available for use in other locations. Those who choose to access this site
from other locations do so on their own initiative and are responsible for compliance with
local laws, if and to the extent local laws are applicable. Software from this site is
further subject to United States export controls. No software from this site may be
downloaded or otherwise exported or reexported (i) into (or to a national or resident of)
Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has
embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By
downloading or using the Software, you represent and warrant that you are not located in,
under the control of, or a national or resident of any such country or on any such list.
TERMINATION
These terms are effective until terminated by
either party. You may terminate these terms at any time by destroying all materials
obtained from The Pumpkin Patch (pumpkinpatch.com) and all related
documentation and all copies and installations thereof, whether made under the terms of
these terms or otherwise. These terms will terminate immediately without notice from
The Pumpkin Patch if in The Pumpkin Patch's sole discretion you fail to comply with
any term or provision of these terms. Upon termination, you must destroy all materials
obtained from this site and all copies thereof, whether made under the terms of these
terms or otherwise.
DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED
"AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, The Pumpkin Patch
(pumpkinpatch.com) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The Pumpkin Patch DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE
SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
The Pumpkin Patch DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU (AND NOT The Pumpkin Patch) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE, SHALL The Pumpkin Patch BE LIABLE FOR ANY SPECIAL OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS
IN THIS SITE, EVEN IF The Pumpkin Patch OR A The Pumpkin Patch AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL
The Pumpkin Patch'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
OTHER
These terms shall be governed by and
construed in accordance with the laws of the State of California, without giving effect to
any principles of conflicts of law. You agree that any action at law or in equity arising
out of or relating to these terms shall be filed only in the state or federal courts
located in Los Angeles County and you hereby consent and submit to the personal
jurisdiction of such courts for the purposes of litigating any such action. If any
provision of these terms shall be unlawful, void, or for any reason unenforceable, then
that provision shall be deemed severable from these terms and shall not affect the
validity and enforceability of any remaining provisions. This is the entire agreement
between us relating to the subject matter herein and shall not be modified except in
writing, signed by both parties.
The Pumpkin Patch ONLINE PRIVACY POLICY
The policies below are applicable to The
Pumpkin Patch (pumpkinpatch.com), a site on the World Wide Web, owned and operated by
The Pumpkin Patch.
The Pumpkin Patch collects personally
identifying information only during (i) contest or sweepstakes registration and (ii)
subscription registration for sites which require subscription. In addition, information
is collected in certain portions of sites in which guests specifically and knowingly
provide such information along with content submissions, community postings (i.e., chat or
bulletin boards), suggestions, or voting. The Pumpkin Patch may use such information for
editorial and feedback purposes. Guests' e-mail addresses are never posted on
The Pumpkin Patch.
Information submitted at the time of
registration or submission may be used for marketing and promotional purposes by
The Pumpkin Patch. If a guest objects to such use for any reason, he / she may stop that use -
either by e-mail request or by modifying his/her registration information online.
By using this site, you signify your assent
to the The Pumpkin Patch Privacy Policy. If you do not agree to this policy, please do
not use the site. We reserve the right, at our discretion, to change, modify, add, or
remove portions of this policy at any time. Please check this page periodically for
changes. Your continued use of pumpkinpatch.com following the posting of changes
to these terms will mean you accept those changes. |
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