Last Revised March 27, 2011
1. Website Access
In order to access some features of the Website, you will have to create an account. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your account profile page. In addition, you agree to immediately notify Red Clay of any unauthorized use of your password or account or any other breach of security. Red Clay cannot and will not be liable for any loss or damage arising from your failure to comply with this section. Use of multiple accounts or another user's account is not allowed.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or similar technological devices or programs, that access the Website in a manner that sends more request messages to the Red Clay servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Red Clay grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Red Clay reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
You agree not to collect or use any personally identifiable information including without limitation account names, email addresses, or other User Submissions (as defined below), from the Website, nor use the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.
Red Clay reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Red Clay shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
The Website may contain links to third party websites that are not owned or controlled by Red Clay. Red Clay has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you specifically release Red Clay from any and all liability arising from your use of any third-party website.
2. Rules of Conduct
The following rules of conduct apply to your use of the Website and to any and all ideas, suggestions, opinions, comments, observations and materials you post on the Website, including text, data, graphics, audio or video content, music, sound, chat, messages, files or other material (collectively User Submissions) whether the User Submission is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of Red Clay.
You may not, in connection with the Website upload, post, email or otherwise transmit any User Submission that:
is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
provides any telephone numbers, street addresses, last names, URLs or email address;
infringes or violates any patent, copyright, trademark, trade secret or other property right;
breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts, or hate speech;
violates or encourages others to violate any applicable law, statute, ordinance or regulation;
promotes software or services that deliver unsolicited e-mail;
orcontains viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines.
In addition, you may not use the Website to:
solicit personal information from anyone under 18;
provide false or deceptive information;
use Red Clay content to engage in commercial activities;
delete, add or otherwise change other people's entries or other Content when you have not been granted the privileges to do so;
3. User Submissions
The interactive nature of postings on Red Clay makes it impossible for us to assume responsibility for any of the materials posted by users. The User Submissions are not endorsed by Red Clay, and we make no guarantee regarding the reliability, accuracy, or quality of any User Submission that is posted on the Website. You acknowledge that you will evaluate and bear any risks related to your use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission. All User Submissions posted to the Website are the sole responsibility of the person who originally posted the User Submission, and your sole recourse for any damage you may suffer as a result of User Submissions shall be to such individual.
You shall be solely responsible for your own User Submission and the consequences of posting or publishing them. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Red Clay, you hereby grant Red Clay a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and Red Clay's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media now known or hereafter developed.
If you choose to post User Submissions on the Website, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of the Website reflects your respect for the legal rights of users connected with Red Clay. You understand that Red Clay does not guarantee any confidentiality with respect to any User Submission.
Red Clay expressly disclaims any and all liability in connection with User Submissions. Red Clay reserves the right to remove content and User Submissions in its sole discretion and without prior notice. Red Clay also reserves the right to terminate a user's access to the Website at any time in its sole discretion and without prior notice.
4. Design Submissions
If you are contributing a Design Submission to Red Clay, you agree to the additional Design Submission Terms and Conditions.
5. Intellectual Property Rights
The content on the Website, except all User Submissions, including without limitation, the text, graphics, and photos created by and for Red Clay, interactive features and the trademarks, service marks and logos contained therein, are owned by or licensed to Red Clay, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you "as is" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Red Clay or as expressly provided herein. Red Clay reserves all rights not expressly granted in and to the Website and the content contained therein.
You agree to not engage in the use, copying, or distribution of any of the content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the content for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein.
The Red Clay Website is copyright 2011, Red Clay LLC. All rights are reserved and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of Red Clay.
6. Intellectual Property Infringement
Red Clay respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with Red Clay and the Website, you may not post, modify, distribute, or reproduce in any way any User Submission that is copyrighted material belonging to others, without obtaining their prior written consent. This specifically includes the submission of a Design. Red Clay reserves the right, in its discretion, to remove any User Submission if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe to be infringers.
If you believe that your work has been copied or posted on the Website in a way that constitutes copyright infringement, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):
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. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
Intellectual Property Complaints
1122 Carmen Ave
Sheboygan, WI 53081
9. Warranty Disclaimer
10. Limitation of Liability
In no event shall Red Clay, or any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Red Clay, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law.
You specifically acknowledge that Red Clay shall not be liable for user submissions or for any defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Website is controlled and offered by Red Clay from its facilities in the United States of America. Red Clay makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
13. Choice of Law
14. No Waiver
Any dispute between you and Red Clay shall be decided under Wisconsin law, via binding arbitration in accord with applicable rules of the American Arbitration Association. Any such arbitration demand shall be Şled in the state of Wisconsin within one year of the date that any claim may arise.