Ladybrille® Blogazine


Saturday, December 16, 2006

Terms of Use/ Dislcaimer

COPYRIGHTS: All content and images on site belong to their respective copyright owners. For the most part, Ladybrille obtains approval before works/images are used, except where author can not be ascertained and/or it falls into the "Fair Use" category. Ladybrille has no desire or interest in infringing on your copyrights. If you are the copyright owner of works on this site and want it removed, e-mail editor(at) By providing links to third party sites, Ladybrille does not guarantee, approve, or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to Ladybrille.

PRIVACY POLICY: Agreement and Conditions of Use for Ladybrille site[s]: The agreement below governs your use of Ladybrille. If you disagree with the terms and conditions in this agreement, please discontinue use of our site[s]. Otherwise, by using this site, you agree to be bound by the agreement herein:

Commitment to your Privacy: Ladybrille is committed to protecting your personal identifiable information and letting you know what we do with your information. As used in this Privacy Policy, the term "Personal Identifiable Information" means information we can use to identify you such as: your name, mailing address, e-mail address, internet service provider, telephone number, or other personal information that may be supplied by you or collected about you when you use Ladybrille site[s].

Ladybrille is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the sites or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation in any activities on the sites or downloading materials. We make no warranties the services will be timely, secure, uninterrupted, or error-free. You understand that if you download any material, you do so at your sole risk.

Privacy Policy Limited to Ladybrille Site[s]: Our privacy policy is limited to only the website[s] to which this policy is linked. This policy is inapplicable when you visit third party sites whether affiliated or unaffiliated with Ladybrille—including linked sites on Ladybrille’s domains. The policy of the respective third party websites you visit govern when you are on their sites.

Linking: While Ladybrille might link and have linkbacks to other third party sites, it does not equal or form any joint venture, cooperation or alliance between the linked sites and Ladybrille.

Intellectual Property Rights: Ladybrille reserves any and all intellectual property rights in its trademarks, logos, images, content, designs or other copyrighted material on its sites and affiliated sites without written permission. You agree not to attempt to learn, view, or modify the source code of any intellectual property on this or any affiliated site[s]. Should you submit any materials to Ladybrille for publication on site[s], you agree that such materials have been cleared for reproduction by Ladybrille and its affiliates.

Collection of Personally Identifiable Information: Ladybrille collects personally identifiable information with your specific knowledge and consent. For example, if you enter our contests or other promotions, participate in an online survey, request subscription or inclusion in an e-mail or other mailing list, we will ask you to provide information such as your e-mail address, name, phone number, and shipping address.

Compromise of Personal Information: Should we believe that the security of your personal information in our possession or control may have been compromised, we might contact you if a notification is appropriate via e-mail or any other means we deem appropriate.

Disclosure of Information to Third Party Providers: Ladybrille may share or disclose personally identifiable information about you to other companies or individuals when:

You have entered a contest or sweepstakes sponsored by a third party. Some of Ladybrille’s contests will ask you at the time of entry whether you would like your personal information to be shared with the sponsor. Other contests will not give you that option and in that event, if you do not want your information to be shared, do not enter the contest.

We must comply with applicable laws, regulations, or legal or regulatory process. It is Ladybrille’s policy to cooperate with law enforcement officials in the detection, investigation, and prosecution of unlawful activity. If we receive a warrant or subpoena for user information, we may disclose requested records to law enforcement authorities or outside parties seeking information through the legal process; and

We have reason to believe that someone may be causing injury to or interference with our rights or the rights of our users, or general public, or using our services in violation of a legal or personal right; IP Address & Domain Information Your Internet Protocol ("IP") address is generally linked with the place from which you enter the Internet, like your Internet Service Provider.

Domain information: Our server may record the referring page that linked you to us (e.g., another Web site or a search engine); the pages you visit on the Ladybrille sites, the ads you see; the ads you click on; other information about the type of Web browser, computer, platform, related software and settings you are using; any search terms you have entered on this Website or a referral site; and other Web usage activity and data logged by our Web servers. We may use your IP address to help diagnose problems with our servers, gather broad demographic information, and/or use it to improve our web-based offerings. This information is collected automatically and requires no action on your part.

Use of Cookies and Tracking User Traffic: Some pages on our site[s] may use “cookies”—small files that the site places on your hard drive for identification purposes. Some parts of our Web site may also use cookies to track user traffic patterns. Ladybrille does this in order to determine the usefulness of our Web site information to our users and to see how effective our navigational structure is in helping users reach that information. Please note that cookies cannot read data off of your hard drive. Your Web browser may allow you to be notified when you are receiving a cookie, giving you the choice to accept it or not. If you prefer not to receive cookies while browsing our Web site, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser, By not accepting cookies, some pages may not fully function and you may not be able to access certain information on Ladybrille site[s].

Kids And Parents: Ladybrille site[s] is intended for adults and does not knowingly collect personal information from children under 13 years old. No one under age 13 is allowed to provide any personal information or use our site[s].

Blogs: If you elect to post comments, texts or links on Ladybrille Blogs, you agree and warrant that any Postings you post to the sites will be true and accurate, will not defame any person or invade any person’s privacy, and will not infringe the proprietary rights of any person. You agree not to furnish any Postings to which you do not own the rights.

California and Canadian Users: California and Canadian residents have the right to know how their information may be shared with third parties who engage in direct marketing activities. If you enter a contest or sweepstakes sponsored by a third party, information may be shared with that third party for their use in their discretion, including direct marketing. Some of our contests and sweeps will ask you at the time of entry whether you would like your personal information to be shared with the sponsor. Other contests will not give you that option and in that event, if you do not want your information to be shared, do not enter the contest.[s].

Non-U.S. Users: If you are located outside of the United States, please note that the information you provide to us will be transferred to the United States. By using this web site, you consent to this transfer. You also consent to the adjudication of any disputes arising in connection with this website in the federal and state courts of, and in accordance with the laws of, the state of California.

Other Terms of Use: Copyright Everything you see or read on the Ladybrille sites is owned by us or used with permission. You may not copy, use, or retransmit anything from or for our site without our permission. Any commercial or promotional distribution, publishing or exploitation of the sites, or any content, code, data or materials on the sites is strictly prohibited. You are not allowed to post or distribute any material you do not own or which you do not have permission to use. You are also prohibited from engaging in any conduct that interferes with the technological operation of the sites or that tampers with any copyright protection mechanisms applicable to content on any sites. Ignoring this policy may result in copyright, trademark, or other intellectual property rights violations.

Copyright Infringement: In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC sec. 512, please send notices of claims of copyright infringement: Uduak Oduok, Esq., Ebitu Law Group, P.O.Box 1822, West Sacramento, CA 95691. Email: editor(at)

Disclaimers: Ladybrille is not responsible for the conduct, whether online or offline, of any user/reader of the sites. Ladybrille takes reasonable steps to protect the security and integrity of all personal information you provide to the sites; however, due to the inherent nature of the Internet, we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. Ladybrille assumes no liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user Posting.

Under no circumstances shall Ladybrille be responsible for any loss or damage, including personal injury or death, resulting from use of the sites, any content posted on or through the sites, or conduct of any users of the sites, whether online or offline. We can, whenever we want, edit or delete any content displayed on the sites. You use the sites at your own risk. Everything you see on our sites is provided to you "as is." The sites are provided "AS-IS" and as available and Ladybrille expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Ladybrille cannot guarantee and does not promise any specific results from use of the sites. Limitation on Liability IN NO EVENT SHALL LADYBRILLE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF LADYBRILLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN.

Disputes: If there is any dispute about or involving the sites, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Sacramento. Ladybrille may demand that any dispute between Ladybrille and you about or involving the sites must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Sacramento, Sacramento, USA.

Indemnity: You agree to indemnify and hold Ladybrille, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss or liability arising out of your use of the sites or from any claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the sites in violation of these terms of service and/or any breach of your representations, warranties and obligations set forth above and/or if any content that you post in Postings on the sites or through the sites causes Ladybrille to be liable to another.

Changes to Privacy Policy and Notice: Ladybrille may change this policy from time to time in its discretion. Your continued use of Ladybrille site[s] indicates your agreement to this legal disclaimer and privacy policy.
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