Agreement to the Terms of Service
The contents of this Site are copyrighted by Beverly Goldsmith, and/or its suppliers. All rights reserved. The contents of this Site may also be protected by trade dress, patent, and trademark laws, international conventions, and other relevant intellectual property and proprietary rights, and applicable laws.
For information on how to request permission to reuse content from this Site, please contact Beverly Goldsmith.
Logos and images used on this Site are property of the Site’s owner and may not be used in any manner without obtaining written permission. All other trademarks are the property of their respective owners.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe this Web Site is infringing your copyright, it will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(2) (“DMCA”). Pursuant to the DMCA, written notification of claimed copyright infringement may or should be submitted to the following Designated Agent for this Site:
Service provider(s): Beverly Goldsmith
Name of agent designated to receive notification of claimed infringement: Beverly Goldsmith
Email address of designated agent: email@example.com
To be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Comments, Postings and Other Submissions of Content Licensed to the Site
By submitting statements, questions, reader comments, or any other materials to the Site, you grant Beverly Goldsmith and its licensees a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, and publicly display such materials, in whole or in part, in any form or media, now known or later developed, with or without name attribution, for any and all editorial and related promotional purposes. However, you will retain the copyright to your submission. You also warrant that the submission is your original work, does not violate the copyright or any other personal or property right of any third party, and you have obtained any and all releases and permissions necessary for our intended use. Our “Community Guidelines for Comments and Postings” (below) apply to all submissions on this Site.
Community Guidelines for Comments and Postings
You agree that you won’t post any of the following on the Site:
- Material which defames, defrauds, abuses, accuses, or threatens others, or which contains vulgar, sexually-oriented, obscene, or indecent language or images.
- Statements that are bigoted, hateful, or racially offensive.
- Material that advocates illegal activity or discusses illegal activities with the intent to commit them.
- Unauthorized copyrighted material.
- Advertising or any form of commercial solicitation.
Statements or postings that violate these terms will be deleted upon discovery.
Third-party web sites; advertisers
This Site may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). Beverly Goldsmith does not endorse any such Reference Sites or the information, materials, products, or services contained on, or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this Site are solely between you and such advertiser. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.
Disclaimer of warranties
THIS SITE, ITS OPERATION, AND ALL OF THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE ARE PROVIDED BY Beverly Goldsmith ON AN “AS IS” BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TFCCS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS OR LIMITATIONS OF LIABILITY, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
Beverly Goldsmith IS NOT RESPONSIBLE IN ANY WAY FOR THE CONDUCT OF USERS OF THIS SITE OR INFORMATION EXCHANGED OR POSTED ON THIS SITE, INCLUDING A CLAIM OF DEFAMATION. Beverly Goldsmith IS NOT RESPONSIBLE FOR ANY LOST CONTENT OR DATA.
You agree to defend, indemnify, and hold harmless Beverly Goldsmith, its affiliated entities, companies, contractors, employees, agents and its third-party suppliers, licensors, and partners, harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of this Site, any breach or alleged breach by you of these Terms of Service, any breach or alleged breach of the copyright, trademark, proprietary or other rights of third-parties by you, or any breach of the representations, warranties, and covenants made by you herein. Beverly Goldsmith, reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify, and you agree to cooperate with Beverly Goldsmith’s defense of these claims.
All disclaimers, policies, terms, conditions, and disputes will be governed by the laws of the Commonwealth of Australia, without regard to choice of law principles.
Certain software, content, and services found on this Site may be copyrighted and owned by their respective owners.
Effective Date: September 15, 2014