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PuddleDancer
Press and NonviolentCommunication.com Conditions of
Use
Welcome to
PuddleDancer Press and NonviolentCommunication.com. PuddleDancer Press and
NonviolentCommunication.com and its affiliates provide their services to
you subject to the following conditions.
If you visit
or shop at PuddleDancer Press and NonviolentCommunication.com, you accept
these conditions.
Please read them
carefully. In addition, when you use any current or future PuddleDancer
Press and NonviolentCommunication.com service (e.g., Your User Profile,
Gift Certificates) or visit or purchase from any business affiliated with
PuddleDancer Press and NonviolentCommunication.com, whether or not
included in the PuddleDancer Press and NonviolentCommunication.com Web
site, you also will be subject to the guidelines and conditions applicable
to such service or business. If these conditions are inconsistent with
such guidelines and conditions, such guidelines and conditions will
control.
PRIVACY
Please review our
Privacy Notice, which also governs your visit to PuddleDancer Press and
NonviolentCommunication.com, to understand our practices.
RISK OF LOSS
All items purchased from PuddleDancer Press and NonviolentCommunication.com
are made pursuant to a shipment contract. This means that the risk of loss
and title for such items pass to you upon our delivery to the carrier you
choose when placing your order.
WARNING: Due to the lack of traceability, slow shipping times, and frequent loss of packages, your delivery IS NOT Guaranteed if you choose ANY of the following Shipping Methods:
(Media Mail)
(First Class Mail International)
We have considerable
experience with shipments never arriving, arriving damaged, or missing items and so
we WILL NOT replace lost,missing, or damaged items if you choose either of these methods.
Your only recourse for recovering missing or lost
shipments is with the carrier you have chosen. You must contact the
carrier to resolve any problems.
YOUR ACCOUNT
If you use this
site, you are responsible for maintaining the confidentiality of your
account and password and for restricting access to your computer, and you
agree to accept responsibility for all activities that occur under your
account or password. PuddleDancer Press and NonviolentCommunication.com
does sell products for children, but it sells them to adults, who can
purchase with a credit card. If you are under 18, you may use PuddleDancer
Press and NonviolentCommunication.com only with involvement of a parent or
guardian. PuddleDancer Press and NonviolentCommunication.com and its
affiliates reserve the right to refuse service, terminate accounts, remove
or edit content, or cancel orders in their sole discretion.
PRODUCT DESCRIPTIONS
PuddleDancer Press
and NonviolentCommunication.com and its affiliates attempt to be as
accurate as possible. However, PuddleDancer Press and
NonviolentCommunication.com does not warrant that product descriptions or
other content of this site is accurate, complete, reliable, current, or
error-free. If a product offered by PuddleDancer Press and
NonviolentCommunication.com itself is not as described, your sole remedy
is to return it in unused condition.
PRICING
Except where noted
otherwise, the List Price displayed for products on our website represents
the full retail price listed on the product itself, suggested by the
manufacturer or supplier, or estimated in accordance with standard
industry practice. The List Price is a comparative price estimate and may
or may not represent the prevailing price in every area on any particular
day. For certain items that are offered as a set, the List Price may
represent "open-stock" prices, which means the aggregate of the
manufacturer's estimated or suggested retail price for each of the items
included in the set.
With respect to
items sold by PuddleDancer Press and NonviolentCommunication.com, we
cannot confirm the price of an item until you order; however, we do NOT
charge your credit card until after your order has entered the shipping
process. Despite our best efforts, a small number of the items in our
catalog may be mis-priced. If an item's correct price is higher than our
stated price, we will, at our discretion, either contact you for
instructions before shipping or cancel your order and notify you of such
cancellation.
ELECTRONIC
COMMUNICATIONS
When you visit
PuddleDancer Press and NonviolentCommunication.com or send e-mails to us,
you are communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with you by
e-mail or by posting notices on this site. You agree that all agreements,
notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications be
in writing.
REVIEWS,
COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post
reviews, comments, and other content; send other communications; and
submit suggestions, ideas, comments, questions, or other information, so
long as the content is not illegal, obscene, threatening, defamatory,
invasive of privacy, infringing of intellectual property rights, or
otherwise injurious to third parties or objectionable and does not consist
of or contain software viruses, political campaigning, commercial
solicitation, chain letters, mass mailings, or any form of "spam." You may
not use a false e-mail address, impersonate any person or entity, or
otherwise mislead as to the origin of a card or other content.
PuddleDancer Press and NonviolentCommunication.com reserves the right (but
not the obligation) to remove or edit such content, but does not regularly
review posted content.
If you do post
content or submit material, and unless we indicate otherwise, you grant
PuddleDancer Press and NonviolentCommunication.com and its affiliates a
nonexclusive, royalty-free, perpetual, irrevocable, and fully
sublicensable right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, and display such content
throughout the world in any media. You grant PuddleDancer Press and
NonviolentCommunication.com and its affiliates and sublicensees the right
to use the name that you submit in connection with such content, if they
choose. You represent and warrant that you own or otherwise control all of
the rights to the content that you post; that the content is accurate;
that use of the content you supply does not violate this policy and will
not cause injury to any person or entity; and that you will indemnify
PuddleDancer Press and NonviolentCommunication.com or its affiliates for
all claims resulting from content you supply. PuddleDancer Press and
NonviolentCommunication.com has the right but not the obligation to
monitor and edit or remove any activity or content. PuddleDancer Press and
NonviolentCommunication.com takes no responsibility and assumes no
liability for any content posted by you or any third party.
COPYRIGHT
All content included
on this site, such as text, graphics, logos, button icons, images, audio
clips, digital downloads, data compilations, and software, is the property
of PuddleDancer Press and NonviolentCommunication.com or its content
suppliers and protected by United States and international copyright laws.
The compilation of all content on this site is the exclusive property of
PuddleDancer Press and NonviolentCommunication.com and is protected by
U.S. and international copyright laws. All software used on this site is
the property of PuddleDancer Press and NonviolentCommunication.com or its
software suppliers and protected by United States and international
copyright laws.
COPYRIGHT
COMPLAINTS
PuddleDancer Press
and NonviolentCommunication.com and its affiliates respect the
intellectual property of others. If you believe that your work has been
copied in a way that constitutes copyright infringement, please contact us
by email at.
TRADEMARKS
PUDDLEDANCER PRESS
AND NONVIOLENTCOMMUNICATION.COM and all other PuddleDancer Press and
NonviolentCommunication.com graphics, logos, page headers, button icons,
scripts, and service names are trademarks, registered trademarks or trade
dress of PuddleDancer Press and NonviolentCommunication.com or its
affiliates in the U.S. and/or other countries. PuddleDancer Press and
NonviolentCommunication.com's trademarks and trade dress may not be used
in connection with any product or service that is not PuddleDancer Press
and NonviolentCommunication.com's, in any manner that is likely to cause
confusion among customers, or in any manner that disparages or discredits
PuddleDancer Press and NonviolentCommunication.com. All other trademarks
not owned by PuddleDancer Press and NonviolentCommunication.com or its
affiliates that appear on this site are the property of their respective
owners, who may or may not be affiliated with, connected to, or sponsored
by PuddleDancer Press and NonviolentCommunication.com or its affiliates.
LICENSE AND
SITE ACCESS
PuddleDancer Press
and NonviolentCommunication.com grants you a limited license to access and
make personal use of this site and not to download (other than page
caching) or modify it, or any portion of it, except with express written
consent of PuddleDancer Press and NonviolentCommunication.com. This
license does not include any resale or commercial use of this site or its
contents; any collection and use of any product listings, descriptions, or
prices; any derivative use of this site or its contents; any downloading
or copying of account information for the benefit of another merchant; or
any use of data mining, robots, or similar data gathering and extraction
tools. This site or any portion of this site may not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited for any
commercial purpose without express written consent of PuddleDancer Press
and NonviolentCommunication.com. You may not frame or utilize framing
techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of PuddleDancer
Press and NonviolentCommunication.com and our affiliates without express
written consent. You may not use any meta tags or any other "hidden text"
utilizing PuddleDancer Press and NonviolentCommunication.com's name or
trademarks without the express written consent of PuddleDancer Press and
NonviolentCommunication.com. Any unauthorized use terminates the
permission or license granted by PuddleDancer Press and
NonviolentCommunication.com. You are granted a limited, revocable, and
nonexclusive right to create a hyperlink to the home page of PuddleDancer
Press and NonviolentCommunication.com so long as the link does not portray
PuddleDancer Press and NonviolentCommunication.com, its affiliates, or
their products or services in a false, misleading, derogatory, or
otherwise offensive matter. You may not use any PuddleDancer Press and
NonviolentCommunication.com logo or other proprietary graphic or trademark
as part of the link without express written permission.
DISCLAIMER
OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL
INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND
SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE
ARE PROVIDED BY PUDDLEDANCER PRESS AND NONVIOLENTCOMMUNICATION.COM OR ITS
AFFILIATES ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE
SPECIFIED IN WRITING. PUDDLEDANCER PRESS AND NONVIOLENTCOMMUNICATION.COM
AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON
OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE
SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT
YOUR SOLE RISK.
TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, PUDDLEDANCER PRESS AND
NONVIOLENTCOMMUNICATION.COM AND ITS AFFILIATES DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PUDDLEDANCER PRESS
AND NONVIOLENTCOMMUNICATION.COM AND ITS AFFILIATES DO NOT WARRANT THAT
THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE)
OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS
SITE; THEIR SERVERS; OR E-MAIL SENT FROM PUDDLEDANCER PRESS AND
NONVIOLENTCOMMUNICATION.COM ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. PUDDLEDANCER PRESS AND NONVIOLENTCOMMUNICATION.COM AND ITS
AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE
USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS
(INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE
TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE
SPECIFIED IN WRITING.
CERTAIN STATE LAWS
DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF
THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE
LAW
By visiting
PuddleDancer Press and NonviolentCommunication.com, you agree that the
laws of the state of California, without regard to principles of conflict
of laws, will govern these Conditions of Use and any dispute of any sort
that might arise between you and PuddleDancer Press and
NonviolentCommunication.com or its affiliates.
DISPUTES
Any dispute relating
in any way to your visit to PuddleDancer Press and
NonviolentCommunication.com or to products you purchase through
PuddleDancer Press and NonviolentCommunication.com shall be submitted to
confidential arbitration in San Diego, California, except that, to the
extent you have in any manner violated or threatened to violate
PuddleDancer Press and NonviolentCommunication.com's intellectual
property rights, PuddleDancer Press and NonviolentCommunication.com may
seek injunctive or other appropriate relief in any state or federal court
in the state of Washington, and you consent to exclusive jurisdiction and
venue in such courts. Arbitration under this agreement shall be conducted
under the rules then prevailing of the American Arbitration Association.
The arbitrator's award shall be binding and may be entered as a judgment
in any court of competent jurisdiction. To the fullest extent permitted by
applicable law, no arbitration under this Agreement shall be joined to an
arbitration involving any other party subject to this Agreement, whether
through class arbitration proceedings or otherwise.
SITE
POLICIES, MODIFICATION, AND SEVERABILITY
Please review our
other policies, such as our pricing
policy, posted on this site. These policies also govern your visit to
PuddleDancer Press and NonviolentCommunication.com. We reserve the right
to make changes to our site, policies, and these Conditions of Use at any
time. If any of these conditions shall be deemed invalid, void, or for any
reason unenforceable, that condition shall be deemed severable and shall
not affect the validity and enforceability of any remaining condition.
OUR
ADDRESS
PuddleDancer
Press P.O. Box 231129 Encinitas, CA 92023-1129 http://www.PuddleDancer.com
Notice and
Procedure for Making Claims of Copyright Infringement
If you believe that
your work has been copied in a way that constitutes copyright
infringement, please provide PuddleDancer Press's copyright agent the
written information specified below. Please note that this procedure is
exclusively for notifying PuddleDancer Press and
NonviolentCommunication.com and its affiliates that your copyrighted
material has been infringed.
-
An electronic or
physical signature of the person authorized to act on behalf of the
owner of the copyright interest;
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A description of
the copyrighted work that you claim has been infringed upon;
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A description of
where the material that you claim is infringing is located on the site,
including the auction ID number, if applicable;
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Your address,
telephone number, and e-mail address;
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A statement by you
that you have a good-faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
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A statement by
you, made under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf.
PuddleDancer Press
and NonviolentCommunication.com's Copyright Agent for notice of claims of
copyright infringement on its site can be reached as follows:
Copyright
Agent PuddleDancer Press P.O. Box 231129 Encinitas, CA
92023-1129 USA phone: (858) 759-6963 fax: (858)
759-6969
or use our Store Contact Form
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