Terms of Use
The BT Counterpane site is ©2008 BT Counterpane All rights reserved.
Revised June 2004
Introduction
BT Counterpane maintains www.counterpane.com for your personal information, entertainment, and enjoyment. Please feel free to browse, download from, and otherwise use the site. At the same time, please remember that your access to the BT Counterpane site is subject to the following rules (the "Rules") as well as all applicable laws. By accessing and using the BT Counterpane site, you accept the Rules without limitation or qualification, and acknowledge that any other agreements you may have with BT Counterpane are superseded by the Rules, to the extent any conflict exists.
BT Counterpane may at any time revise these Rules by updating this posting. You are bound by such revisions and should therefore visit this page to review the current Rules from time to time.
BT Counterpane reserves the right, without notice and for any reason, to remove any content on this site, and to deny access of any user or users to all or any part of this site.
Downloading
Copyrights And Other Rights
Trademarks
Submissions
No Warranties
Links
U.S. And International Information
Governing Law
Unless otherwise specifically indicated, you may download material displayed on the BT Counterpane site for personal, non-commercial use only and you may not distribute, modify, transmit, use, or reuse any of the contents of the BT Counterpane site for any public or commercial purpose without the written consent of BT Counterpane or any third party BT Counterpane deems necessary. You must retain all copyright and other proprietary notices on downloaded and/or copied material. Any copy of material from the BT Counterpane site you make and distribute for any purpose must also include these Rules.
You should assume that everything on the BT Counterpane site is copyrighted unless otherwise noted and that it must not be used except as provided in the Rules or with the express written consent of BT Counterpane or any third party BT Counterpane deems necessary. BT Counterpane neither warrants or represents that your use of the material displayed on the BT Counterpane site will not infringe rights of third parties. Any product, service, program, or technology described on the BT Counterpane site may be the subject of intellectual property rights (including but not limited to copyright, trademark, or patent rights) owned by BT Counterpane or a third party. Any such right that is not expressly licensed herein is reserved by BT Counterpane or the third party that owns such right.
Images of people or places displayed on the BT Counterpane site are either the property of, or used with permission by BT Counterpane. Use of these images by you or other third parties is prohibited unless expressly permitted in the Rules or elsewhere on the BT Counterpane site. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the BT Counterpane site are registered and unregistered Trademarks of BT Counterpane and others. Nothing contained on the BT Counterpane site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the BT Counterpane site without the written permission of BT Counterpane or such third party that may own the Trademark. Misuse of any Trademarks, or any other content, displayed on the BT Counterpane site is prohibited. BT Counterpane aggressively enforces its intellectual property rights, including via civil and criminal proceedings.
Apart from your personal information (which is addressed in the Privacy Policy), any communication or material you send to the BT Counterpane site, electronically or otherwise, including but not limited to data, questions, comments, suggestions, or submissions is and will be treated as non-confidential and non-proprietary. Anything you send to the BT Counterpane site may be used by BT Counterpane for any purpose, including but not limited to, reproduction, transmission, disclosure, publication, broadcast and posting. By submitting material to BT Counterpane.com, you irrevocably transfer and assign to BT Counterpane, and forever waive and agree never to assert, any copyrights, "moral" rights, or other rights that you may have in such material. BT Counterpane is free to use, without obligation of any kind, any ideas, concepts, techniques, or know-how contained in any communication you send to the BT Counterpane site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and services.
By using this site, you may submit, or BT Counterpane may gather, certain limited information about you and your usage of the site. Subject to the terms of the Privacy Policy, BT Counterpane is free to use such information for any purpose it deems appropriate.
There is no warranty that any information or service provided or referenced by this site is either merchantable or accurate, that such information or service will fulfill any of your particular purposes or needs, or that such information or service does not infringe on any third party rights. Except for any express warranties stated on this site, if any, the information and services provided or referenced on this site are provided "as is" and with all faults, and the entire risk as to satisfactory quality, performance, accuracy and effort is with the user.
That means BT Counterpane uses reasonable efforts to include accurate and up-to-date information on the BT Counterpane site, but BT Counterpane makes no warranties or representations as to its accuracy. BT Counterpane may periodically add, change or improve any of the information, products, services, programs and technology described on the BT Counterpane site without notice. BT Counterpane assumes no liability or responsibility for any errors or omissions in the content of the BT Counterpane site.
Your use of the BT Counterpane site is at your own risk. Neither BT Counterpane nor any other party involved in creating, producing, or delivering the BT Counterpane site is liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to, or use of, the BT Counterpane site. For example, BT Counterpane assumes no responsibility for, and will not be liable for any damages arising from any viruses that may affect your computer equipment or other property resulting from your access to, use of, or downloading from, the BT Counterpane site. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
BT Counterpane has not reviewed all of the sites that are linked to the BT Counterpane site, and the existence of such links does not indicate any approval or endorsement of any material contained on any linked site. BT Counterpane is not responsible for the contents of any site linked to the BT Counterpane site; your connection to any such linked site is at your own risk.
Most of the information on the BT Counterpane site applies internationally, but a significant amount of information applies only to certain countries or regions. For instance, if you see the following indication in connection with information on the BT Counterpane site:
The information on this page applies to businesses in the U.S.
then that information applies only to businesses operating in the U.S. If you live outside of the U.S., the fact that you access to such U.S.-specific information does not mean that such information applies, or ever will apply to your country or region. Although BT Counterpane tries to mark all country- and region-specific information with this form of indication, it does not warrant or represent that all information without this indication applies internationally. You should check the applicability of any information on the BT Counterpane site to you or your organization.
The Rules will be governed by and construed under the laws of the State of California, excluding only its conflict of law provisions. Each party that visits a BT Counterpane site hereby submits to the exclusive jurisdiction of the courts within the State of California, and waives any jurisdictional, venue or inconvenient forum objections to such courts.
Any failure by BT Counterpane to enforce any of its rights under the Rules or applicable laws shall not constitute a waiver of such right. If any provision of the Rules is found by a court of competent jurisdiction to be invalid, you, BT Counterpane, and the court shall endeavor to give effect to the intent reflected in that provision, and the remaining Rules provisions shall retain their full force and effect.
United States and foreign export control laws regulate the export and re-export of technology originating in the United States and such foreign countries. You will abide by these laws and regulations as applicable and will not transfer, directly or indirectly, by electronic transmission or otherwise, any content or software from the BT Counterpane site to or from any countries or foreign nationals in violation of such laws or regulations.
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