BRIAR PRESS WEB SITE
BRIAR PRESS (“BRIAR PRESS”) PROVIDES THIS SITE (THE “BRIAR PRESS WEB SITE”) AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS (THE “TERMS AND CONDITIONS”) SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY.
If you do not agree to these Terms and Conditions, you may not access or otherwise use this Briar Press Web Site. Briar Press may change the Terms and Conditions from time to time, and at any time without notice to you, by posting such changes at this location. By using the Briar Press Web Site following any modifications to these Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.
The Briar Press Web Site may request and collect certain personally identifiable information through various means such as online forms, online applications, e-mail, and comments submitted to the Briar Press Web Site. Briar Press uses the information that you provide for such purposes as processing and responding to requests, improving its operations, and communicating with visitors about Briar Press products, services and businesses. Briar Press will not provide personally identifiable information collected from you to any third party, including individuals, organizations, and businesses that have contributed information to this Briar Press Web Site (collectively, “Content Providers”), unless you specifically authorize us to do so, i.e. by submitting this information to the Classifieds or the Directory for publication.
The Briar Press Web Site web server also automatically collects non-personally-identifiable information such as the domain name of the site providing you with Internet access, but not, for example, your name or email address. Other examples of information collected by the Briar Press Web Site server include the Internet protocol (“IP”) address used to connect your computer to the Internet, your browser type and version, operating system and platform, the average time spent on the Briar Press Web Site, the pages viewed, information searched for, access times and other relevant statistics. Briar Press uses this information in the aggregate to measure the use of its web site, to diagnose problems, remember user preferences and to administer and improve the web site and related services. Briar Press does not share non-personally-identifiable information in whole or part with Content Providers or other third parties.
As with many web sites, Briar Press may use “cookies” and/or other technology such as tracker GIFs (collectively, “Tracking Technologies”) in the Briar Press Web Site or in our communications with you to enhance the functionality of the Briar Press Web Site and to make your transactions and other activities more convenient and efficient. These Tracking Technologies may vary, but in some cases may involve a small file stored locally on the computer used to access the Briar Press Web Site, and may be used by Briar Press to store and collect information relating to your viewing and use of the Briar Press Web Site and Briar Press’ communications with you. You may set your web browser software not to accept cookies, but, if so, certain functionality of the Briar Press Web Site may be affected. Neither Briar Press nor the Content Providers for this Briar Press Web Site shall be liable for your inability to access or use this Briar Press Web Site or any portion of this Briar Press Web Site as a result of settings on your browser that prevent cookies.
Third parties (including, but not limited to, Content Providers) may also use Tracking Technologies by or through this Briar Press Web Site. Briar Press has no control over what information such third parties track or collect, and Briar Press shall have no responsibility or liability for any tracking, data collection or other activities of such third parties.
To the extent required or permitted by law, Briar Press may also collect, use and disclose personally-identifiable information collected from you in connection with duly authorized security related or law enforcement investigations, and in the course of cooperating with authorities or complying with legal requirements.
The Briar Press Web Site may contain e-mail addresses to Content Providers (“Third Party E-mail Addresses”) and links to other web sites owned and operated by third parties (“Third Party Sites”). Briar Press shall have no responsibility or liability for any communications between you and such Content Providers via Third Party E-Mail Addresses. In addition, the Third Party Sites are not covered by this privacy statement, and Briar Press is not responsible for the privacy practices or the content of these Third Party Sites. The Briar Press Web Site may also contain links to other web sites owned, operated by, or affiliated with Briar Press (“Other Briar Press Sites”). The Other Briar Press Sites are not governed by this privacy statement and you are advised to review the privacy statement applicable to each Other Briar Press Site you visit.
Conditions of Use
General. The Briar Press Web Site is provided as a service to the letterpress community and other interested parties. You are authorized to use certain of the Briar Press Web Site content as described below. Except for the authorized uses described in the following paragraphs, you may not copy, download, distribute, reproduce or otherwise use any portion of the Briar Press Web Site, including, without limitation, the “look and feel” of the Briar Press Web Site, the Briar Press logo and other commercial indicia, or the programming code underlying the Briar Press Web Site. You may not programmatically copy Third Party Content Provider information, e.g., through techniques known as “spidering” or “screen scraping” or through any other electronic means.
Cuts and Caps. You may download any postscript graphic files provided in the “Cuts & Caps” portion of the Briar Press Web Site for your personal, non-commercial use, at no charge, provided that any such use credits Briar Press as the source of the material and includes the Briar Press URL: www.briarpress.org. Commercial use of the postscript files requires the express written permission of Briar Press.
Classifieds. The Briar Press Web Site includes a classified ad service (“Classifieds”) that allows members of the letterpress community to post advertisements (“Classified Ads”). The Classifieds is a free service provided for the convenience of the letterpress community. By submitting a Classified Ad, you represent and warrant that (a) the information contained in the Classified Ad is accurate; (b) you are the rightful owner or authorized seller of the merchandise being sold; and (c) you are the rightful owner of all graphics submitted with the Classified Ad. You also grant Briar Press permission to include the Classified Ad and any supplied graphics on the Briar Press Web Site and to format the Classified Ad and any supplied graphics to conform with Briar Press’ formatting standards.
Briar Press does not authorize and strictly prohibits reproduction of Classified Ads on any other web site or in any printed publication. You are advised to contact directly any other individual or organization that posts your Classified ad without your permission.
Notwithstanding the foregoing, Briar Press assumes no responsibility for the content of any Classified Ad, nor does the inclusion of any Classified Ad constitute an endorsement of the person or entity placing the Classified Ad, the goods or services offered for sale through the Classified Ad. Briar Press reserves the right to refuse any submitted Classified Ad and to remove any Classified Ad posted on the Briar Press Web Site for any reason and without notice. Graphics accompanying a Classified Ad are provided by the submitter of the Classified Ad and may not be used without the permission of the submitter.
Directory. The Briar Press Web Site includes a directory of letterpress organizations, businesses, and individuals (“Directory”). Although Briar Press makes reasonable efforts to verify the accuracy of each Directory listing before it is posted to the Briar Press Web Site, Briar Press does not guarantee the accuracy of any Directory listing. The inclusion of a listing in the Directory does not constitute an endorsement by Briar Press, and Briar Press assumes no liability for your interactions with any organization, business, or individual listed in the Directory.
DISCLAIMER: The Content, Classified Ads, Directory listings, materials (including without limitation, materials found under “Cuts & Caps”), other information and functions (including the underlying programming of the Briar Press Web Site and its “look and feel”) contained in the Briar Press Web Site (collectively “Information”) are provided by Briar Press and/or its Content Providers. Briar Press makes no representations or warranties of any kind as to the completeness or accuracy of Information or that the Information does not infringe any intellectual property rights of a third party. It is possible that the Briar Press Web Site could include inaccuracies or errors. Information is supplied upon the condition that the persons receiving same will make their own determination as to its suitability for their purposes prior to use. In no event will Briar Press be responsible for damages of any nature whatsoever resulting from the use of or reliance upon Information.
Nothing contained on the Briar Press Web Site is to be construed as an endorsement of any third party opinion, product or service appearing on the Briar Press Web Site and Briar Press makes no representation or warranty, express or implied with respect to any such products or services. Any opinions expressed on the Briar Press Web Site in Classifieds are the opinions of the Content Providers and are not necessarily the opinions of Briar Press, its management or its staff.
THIS BRIAR PRESS WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION AND RELATED SERVICES, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND BRIAR PRESS HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. BRIAR PRESS DOES NOT WARRANT THAT THE SITE, THE INFORMATION OR RELATED SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. BRIAR PRESS MAKES NO WARRANTY THAT THE BRIAR PRESS WEB SITE, INFORMATION OR RELATED SERVICES WILL MEET YOUR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BRIAR PRESS OR THROUGH THE BRIAR PRESS WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THIS BRIAR PRESS WEB SITE, INFORMATION OR THE RELATED SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THIS BRIAR PRESS WEB SITE AND/OR SUCH INFORMATION AND/OR RELATED SERVICES.
Briar Press makes no commitment to update or correct any Information that appears on the Internet or on this Briar Press Web Site.
Limitation of Liability
IN NO EVENT SHALL BRIAR PRESS OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, CONTENT PROVIDERS OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THIS BRIAR PRESS WEB SITE OR THE INFORMATION, FUNCTIONALITY AND SERVICES RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY INFORMATION OR OTHER CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF YOU OR OTHER PERSONS ON OR THROUGH THIS BRIAR PRESS WEB SITE.
As between you and Briar Press, Briar Press and/or its Content Providers own, solely and exclusively, all rights, title and interest in and to this Briar Press Web Site, all the Information included in the Briar Press Web Site, and the compilation of the same, including but not limited to all intellectual property and proprietary rights therein. Your use of this Briar Press Web Site grants you a limited, personal license to display and use the Information as expressly set forth above. Your use of the Briar Press Web Site does not grant to you ownership of any Information you may access on the Briar Press Web Site. Any commercial use or exploitation of the Briar Press Web Site and the or of the Information is strictly prohibited. Except as otherwise expressly authorized above, you may view the Information on your personal computer or other Internet-compatible device for your personal, non-commercial use only. Except as expressly authorized above, you may not otherwise copy, reproduce, distribute or otherwise exploit any Information. If you make other use of this Briar Press Web Site or of the Information provided through this Briar Press Web Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability (including civil and/or criminal prosecution) for such unauthorized use. Briar Press does not grant any license or other authorization to you or any user of this Briar Press Web Site of Briar Press’ trade names, trademarks, service marks or other marks or logos without Briar Press’ separate express written agreement. Third party marks displayed in this Briar Press Web Site are the property of their respective owners.
If you believe that any Information or other content or materials included in this Briar Press Web Site infringes your intellectual property rights, please contact Briar Press via our feedback form. Your message should identify the content you believe to be infringing and its location on this Briar Press Web Site.
Briar Press reserves the right, for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of this Briar Press Web Site, including, but not limited to, Information, other content, features or hours of availability. We may also impose limits on certain features of this Briar Press Web Site or restrict your access to part or all of this Briar Press Web Site without notice or liability to you.
Third Party Sites and Links; Third Party E-Mail Addresses
The Briar Press Web Site may contain links and references to Third Party Sites. Briar Press does not author, edit, or monitor these Third Party Sites. You acknowledge and agree that Briar Press has no responsibility for the accuracy or availability of information provided by Third Party Sites to which you may link from this Briar Press Web Site. By providing such links, Briar Press does not endorse the contents of such Third Party Sites. You acknowledge and agree that Briar Press is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Third Party Sites. Links to Third Party Sites are provided to you merely for the sake of convenience and you access such Third Party Sites at your sole risk.
Similarly, the Briar Press Web Site may contain Third Party E-Mail Addresses. Briar Press does not monitor these Third Party E-Mail Addresses or their owners. You acknowledge and agree that Briar Press has no responsibility for any communications, or business or other dealings between you and the owners and users of such Third Party E-Mail Addresses.
You agree to defend, indemnify and hold Briar Press, its Content Providers and their respective directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your misuse of this Briar Press Web Site, your use or transmission of any Information, other content, software, services or other materials from the Briar Press Web Site, or your breach or violation of the law or of these Terms and Conditions.
Briar Press controls and operates this Briar Press Web Site from our offices in the state of New York, in the United States of America. Briar Press does not represent that materials on this Briar Press Web Site are appropriate or available for use in other locations. Persons who choose to access this Briar Press Web 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.
These Terms and Conditions and the relationship between you and Briar Press shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree that any cause of action that may arise under these Terms and Conditions (other than causes of action concerning infringement of Briar Press’ intellectual property rights or your indemnification obligations under these Terms and Conditions, which shall be resolved only by a court of competent jurisdiction) shall be resolved by binding arbitration conducted in Westchester County, New York, under the then-current commercial arbitration rules of the American Arbitration Association. With respect to all court proceedings arising hereunder, you agree to submit to the personal and exclusive jurisdiction of the courts located within Westchester County in the State of New York. Briar Press’ failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by an arbitral panel or court of competent jurisdiction (as the case may be) to be invalid, the parties nevertheless agree that such panel or such court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Briar Press Web Site or the Terms and Conditions must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
Should you have any other questions about these Terms and Conditions, please contact Briar Press via our feedback form.