Terms and Conditions of Use
Welcome to “Notepad of PEANUTPRODIGY.com” website (“Web Site”). This Web Site is owned and operated by Atkins Arthouse, Inc. (“Gregory A. Atkins” “we” and “us).
BY USING OUR WEB SITE YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE WEB SITE AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEB SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF USE WILL APPLY RETROACTIVELY.
Copyright and Ownership. All of the content featured or displayed on the Web Site, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by Atkins Arthouse, its licensors, vendors, agents and/or its Content providers. All elements of the Web Site, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Web Site may only be used for the intended purpose for which such Web Site is being made available. Except as may be otherwise indicated in specific documents within the Web Site, you are authorized to view, play, print and download documents, audio and video found on our Web Site for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Web Site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Web Site. For purposes of these Terms of Use, the use of any such material on any other web site or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Web Site and Services. The Web Site, its Content and all related rights shall remain the exclusive property of ATKINS ARTHOUSE or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on this Web Site.
Trademarks. All trademarks, service marks and trade names of Notepad of Peanut Prodigy or Peanut Prodigy licensors used herein (including but not limited to: the Notepad of Peanut Prodigy or its logo, the Web Site name, design and any logos) (collectively “Marks”) are trademarks or registered trademarks of ATKINS ARTHOUSE or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify contents of this web site and or trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Web Site, without ATKINS ARTHOUSE prior written consent. The use of Notepad of Peanut Prodigy trademarks on any other web site or network computer environment is not allowed. ATKINS ARTHOUSE prohibits the use of Notepad of Peanut Prodigy trademarks as a “hot” link on or to any other web site unless establishment of such a link is approved in advance.
Submissions Policy. Notepad of Peanut Prodigy does not accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. This policy is designed to avoid misunderstandings if projects developed by Notepad of Peanut Prodigy professional staff seem to others to be similar to their own creative work. Accordingly, Notepad of Peanut Prodigy requests that your comments relate to those services and products offered by Notepad of Peanut Prodigy, and that you not submit any creative ideas, suggestions, or materials except where specifically requested or solicited. If you do send us an unsolicited submission, you agree not to assert any ownership right of any kind in the unsolicited submission against Notepad of Peanut Prodigy (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract), you hereby grant Notepad of Peanut Prodigy a nonexclusive, perpetual, worldwide license to the unsolicited submission in every media and for every purpose now known or hereinafter discovered and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit.
Accuracy of Information. We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Web Site.
Third Party Links. From time to time, this Web Site may contain links to web sites that are not owned, operated or controlled by Notepad of Peanut Prodigy, ATKINS ARTHOUSE or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from this Web Site, you do so entirely at your own risk. We hold no liability to
Inappropriate Material. You are prohibited from sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to any user of the Web Site or the Web Site or through Voice computer systems is expressly prohibited by these Terms of Use. Any such unauthorized use of our computer systems is a violation of these Terms of Use and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone sending such materials.
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1. Security. In consideration of your use of the Web Site, you will provide true, accurate, current and complete information about yourself and your business. If you provide any information that is untrue, inaccurate, not current or incomplete, or Notepad of Peanut Prodigy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Notepad of A Swag Boy has the right to suspend or terminate your account and refuse any and all current or future use of the Web Site (or any portion thereof). You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Web Site.
2. Fees. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Web Site. (B) Notepad of Peanut Prodigy has the right to ship and process any and all orders from this web site within a 90 day period or thereafter. Notepad of Peanut Prodigy has the right to deny any refund for any materials, information, or products mailed and submitted within a 90 day period or thereafter..
3. Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Web Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Web Site; or (iii) bypass any measures we may use to prevent or restrict access to the Web Site.
4. Force Majeure (predetermination). Neither Notepad of Peanut Prodigy nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
5. DISCLAIMERS Your use of thIS WEB Site is at your risk. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER NOTEPAD OF A SWAG BOY, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER WE, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
6. LIMITATIONS OF LIABILITY. Notepad of Peanut Prodigy does not assume any responsibility, nor will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site. Be careful about your downloading of any information.
7. Release. In the event that you have a dispute with one or more other users of the Web Site, you release Notepad of Peanut Prodigy (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
8. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. In operating the Web Site, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party web sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Web Site. Notepad of Peanut Prodigy has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website. Notepad of A Swag Boy has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Notepad of Peanut Prodigy or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. If you believe any material available via the Web Site infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is Gregory Atkins at peanutprodigy@yahoo.com.
Please provide the following notice:
Identify the copyrighted work or other intellectual property that you claim has been infringed;
Identify the material on the Web Site that you claim is infringing, with enough detail so that we may locate it on the Web Site;
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;
A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
Your address, telephone number, and email address; and
Your physical or electronic signature.
We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
9. Entire Agreement. These terms and conditions, along with any additional rules or conditions referred to herein and the Notepad of A Swag Boy Privacy Policy, are the entire agreement between the user and Notepad of Peanut Prodigy and supersedes any prior understandings or agreements (written or oral).
10. Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us by email at Peanutprodigy@yahoo.com
11. Copyright Notice. Copyright © 2016 Notepad of Peanut Prodigy, Inc. All rights reserved. No material herein may be reproduced in any form by any means without the express written consent of Notepad of Peanut Prodigy Inc. ATKINS ARTHOUSE, GREGORY ATKINS, and the PEANUT PRODIGY brand design are trademarks of Notepad of Peanut Prodigy, Inc. ALL RIGHTS RESERVED. The software site design, graphics, text selections, arrangements, and all software are Copyright © 2016 ATKINS ARTHOUSE.