TERMS OF USE

(c) Copyright 2003 Andrew Mealey All Rights Reserved

     Below is a bunch of legal stuff.  You should read it, and know that you can trust us to be fair.  We hope that you will always enjoy and bookmark our site, and share it with your friends and associates.

Web-Site Legal Information, Licensing Agreements, Disclaimers, Warnings, Copyrights, Notices, and Privacy Policies. Web Site: All rights, title, interest, and property of this web site and this domain name is solely owned by Andrew Mealey, Also Know As [AKA] MarryPoetry.com.

Carefully Read the Following Legal Agreement Before Using this Website:

The use of the above named site constitutes an agreement by the user to assent to these terms of use. If you do not agree to these terms of use, then you must disconnect from and not use the above Web Site.

 

TERMS OF USE AGREEMENT

Article I
Restrictions/Permitted Uses of Web Site
Definition: INFO

     Neither the Web Site nor any element thereof (Hereafter referred to as INFO), including without limitations, text, graphics, images, sounds, poetry, poems, charts, time lines, maps, information, processes, or other materials, may be copied, reproduced, repurposed, sold, sublicesesd, published, transfered, uploaded, posted, transmitted, given, gifted, redistributed, in any form whatsoever, except under the license provisions of Article II. Both Users and Purchasers of INFO from the Web Sites agree to these terms of this agreement.


Article II
Download Limited License(s)
 

     A. Any INFO for sale, such as poetry, or any other type or form of download for pay, are licensed to you, one user, by Andrew Mealey for your personal use only (See Article II B. for Sound/Video Recordings, Framing, Printing, and Albums). You may not modify or prepare derivative works based upon the INFO downloaded from this Web Site, and you may not redistribute, sell, sublicense, publish, transfer, upload, copy, post, repurpose, or give this INFO to another person, machine, organization, or entity for resale or free distribution.
     B. Permission to have INFO converted into sound recordings, video recordings, photographs, framing in any way, printed materials, or compilation into an Album not provide by Andrew Mealey or MarryPoetry.com, but created by other persons and companies, by no means diminishes the rights of Andrew Mealey or MarryPoetry.com in respect to the restrictions in any part of these TERMS OF USE.
     C. No INFO for sale, such as poems, poetry, or other text shall be deemed a work for hire, but is licensed to you, one user, by Andrew Mealey for your personal use only. This INFO is not purchased by you, it is licensed for your use.   

 

Article III
Copyrights, Trademarks, Domain Names, Tradedress, and Other Intellectual Property


    A. All rights reserved. No part of this INFO may be reproduced, stored in a retrieval system or transmitted in any form by any means-- electronic, mechanical, photocopy, recording or otherwise--except for brief quotations in printed reviews, without the prior permission of the publisher, except as provided by USA copyright law.
    B. All TRADEDRESS which consists of
          1) specific art and copy that is protected under U. S. and International copyright law, and
         2) "look and feel" which is comprised of specific color(s) , arrangement and position of art and copy, subjective non-quantifiable feelings evoked in an average persons mind that associates MarryPoetry.com's products, advertisements, letterheads, etc., with the MarryPoetry.com name and company, and
         3) specific art and copy that is protected under U. S. and International Trademark law; and
         4) specific domain names that are protected under U. S. and International Internet law shall be retained and reserved in their completeness by MarryPoetry.com. Any Tradedress shall not be diminished by the licensing of any of the INFO to anyone.                  
 


 Article IV
 Disclaimer

 WARNING--DISCLAIMER

     All INFO for sale on this Web Sites are designed to represent the opinion of the Author, Publisher, Editor, Teacher, or Associate on the subject matter presented herein. It is sold with the understanding that the publisher and the author are not rendering legal advice or professional services, nor are they compelling any reader of this INFO to take any action which may be or may become harmful to themselves or others. If legal, financial, or other professional consultation is required, the services of a competent professional should be sought.
      This INFO does not generally represent, mention, or allude to some or all of the various theories, beliefs, attitudes, nor representations of appropriate actions. There are many other source books available in libraries and bookstores which we urge you to study to complete your information acquisition.
     Though this INFO may encourage you to change your life or to take some action, it does not urge, demand, or request anyone to commit any illegal or immoral acts. You agree to responsibly decide for yourself, without being personally incited by any of the acts or omissions of this INFO.
     The purpose of this INFO is to educate and entertain. The author, publisher, editors, teachers, or associates shall not be liable nor responsible to any person, their heirs, or any entity with respect to any loss or damage caused, or alleged to be caused, directly or indirectly by the INFO in this Web Sites.
     If you do not wish to be bound by the above warning, then you must disconnect from and not use any of the above Web Site.
 

Article V
Pricing of INFO

     PRICING: All prices are subject to change or withdrawal without notice. These prices do not constitute an offer to sell. All prices are based on standard domestic packaging and do not include special packaging for overseas export or other special requirements. We reserve the right to change prices from time to time. Orders will be invoiced at prices in effect on date of receipt of order.
 

Article VI
Sales Terms

     SALES TERMS: All INFO is presold with payment by credit card. If the customer receives our download and their credit card refuses payment then we will contact the purchaser by email and ask for another means of payment for their delivered order. Past due accounts (any account over 30 days) may be assessed a 2% service charge monthly (24% annually). When an order is received from a customer whose account is past due, it will be necessary to hold the order and contact them before our merchandise can be shipped. We are not a bank. We will ship promptly and expect prompt payment. Returned checks (non-sufficient funds), C.O.D. refusal (other than obvious damaged merchandise), or a stop payment on a check will immediately suspend all account privileges, and future orders will be shipped on a cash in advance basis until further notice from our credit manager. We retain the right to refuse service to anyone, anytime, anywhere.

Article VII
Shipping

     SALES SHIPPING: All shipping charges of printed Poetry, Frames, and Albums are included in the purchase price and will be shipped by either Priority Mail or U.P.S. Notice to the carriers and claims with the carriers must be made promptly by customers.


Article VIII
Claims

     CLAIMS: If you have received less merchandise than expected, different merchandise than expected, or merchandise that is inferior in any way (damaged in manufacturing process or wrong label)---please double check your purchase order, invoice, and packing list---then call us WITHIN 72 HOURS after receipt of merchandise. Under no circumstances will MarryPoetry.com be liable for claims in excess of the value of the defective merchandise. Please consult product warranty below for more specific remedies.
 


Article IX
Discounts

     DISCOUNTS: From time to time discounts and other sales incentives will be offered on new products and on existing merchandise. Appropriate customers will be notified of these discounts in advance.
     

Article X
Taxes, Orders, Lead Time, Returns

     TAXES: Applicable taxes will be charged and paid by the buyer.
     ORDERS: All orders accepted subject to strikes, fire, accident, or any other cause beyond our reasonable control.
     LEAD TIME: Lead time (the time between receipt of your order and the beginning of shipment of order) shall vary depending on the poetry required in the contract. Theme Poems and other poems that require interviews take more time to create and some poetry has printing deadlines. Rush orders will have a steep price penalty. All sales are final. INFO subject to non-payment will cause ALL rights to immediately revert to Andrew Mealey and MarryPoetry.com.


Article XI
Privacy Policy


    UPDATING PERSONAL & CO. INFORMATION: If any of your personal or company information changes please inform us so that we will not mistakenly ship or bill to an incorrect address or person. We will never sell or give away your personal information which you supply us in order to purchase INFO. We will always remember that you are a valued customer and we will treat you and your information with great respect.
     SECURE TRANSACTIONS: We currently use a SSL (Secure Socket Layer) Server to protect your credit card information and then encrypt this info for downloading into our database. As purchasing over the Internet matures we will be presented with other options to safely retrieve and store your information. Every form of financial transaction is accompanied by elements of risk. We will endeavor to minimize those risks.
     CHILDREN UNDER THE AGE OF 18: You must get permission from your parent(s), or guardian, and the cardholder (if different persons) before ordering any of MarryPoetry.com's INFO.


Article XII
Product Warranty, Limitation of Liability

     LIMITATION OF LIABILITY: This Web Site and their INFO are provided on an "as is" basis and MARRYPOETRY.COM will not accept any liability for claims for tort, for contract, for labor, loss of profit, or other expenses incidental to repair, replacement, or disposal from you or any other party. THE LIMITED WARRANTY OF MARRYPOETRY.COM IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND OF ALL OTHER LIABILITIES OR OBLIGATIONS ON MARRYPOETRY.COM'S PART, INCLUDING LIABILITY FOR INCIDENTAL, INDIRECT, SPECIAL, RELIANCE, OR CONSEQUENTIAL DAMAGES WITH RESPECT TO THE SALE OR USE OF THE PRODUCTS WARRANTED, INCLUDING WITHOUT LIMITATION, ANY DAMAGES RELATING TO LOST DATA, COMPUTER FAILURE OR MALFUNCTIONING, OR OTHERWISE, WHETHER OR NOT SUIT OR OTHER PROCEEDINGS BE INSTITUTED, AND MARRYPOETRY.COM NEITHER ASSUMES NOR AUTHORIZES ANY REPRESENTATIVE OF MARRYPOETRY.COM OR ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITIES IN CONNECTION WITH THE SALE OF THE PRODUCTS. THIS LIMITED WARRANTY MAY NOT BE VERBALLY CHANGED OR MODIFIED BY ANY REPRESENTATIVE OF MARRYPOETRY.COM. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INDIRECT DAMAGES, SO THE FOREGOING MAY NOT APPLY TO YOU. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE TO THIS ALLOCATION OF RISK IN RELATION TO YOUR USE OF THIS WEB SITE.


Article XIII
International Issues, Notices

     A. This Web Site and their INFO are Hosted within the United States of America, and MarryPoetry.com makes no representation that INFO are appropriate or available for use in locations outside the U.S.
     B. No INFO or any part of this Web Site may be accessed, downloaded, exported, re-exported, or transferred in any way to a National, Resident, Organization, Government, Company, or other Entity of any State or Country that is under embargo or trade-restricted in any way by any Department of the U.S. Government.
    C. Users of this Web Site and Purchasers of the INFO contained on this Site are themselves responsible to comply with all local and State laws in your jurisdiction which may impact your use of this Web Site.
    D. While there may be an occasional statement within the INFO or Web Site which might seem derogatory or negative toward a section of the world, a religion, a political structure, an economic base, or a race of people, MarryPoetry.com does not promote rebellion, anarchy, revolution, racism, upheaval, violence, or war. We believe that the Creator of the Universe looks on all of Mankind the same and is generous to all who will accept His bounty.


Article XIV
Disputes, Infringement

     All disputes concerning the interpretation or application of this Agreement which are not disposed of by mutual agreement between the parties shall be decided by binding arbitration.
     In the event of binding arbitration or any service of process between User or purchaser of INFO and MarryPoetry.com, the dispute shall be tried and settled in the judicial jurisdiction pertaining to the residency of Andrew Mealey at the time of the dispute.

 

Article XV
Severability

     In the event of one or more provisions of this Agreement shall for any reason be held invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other provisions of this Agreement.


Article XVI
Prior Agreements

     This Agreement shall supersede, and replace any prior agreement between User or purchaser of INFO and MarryPoetry.com. Any prior Agreement between User or purchaser of INFO and MarryPoetry.com is hereby declared null and void.

Article XVI
Changes

     MarryPoetry.com may make changes to This Agreement at any time for any reason.


Copyright 2003 Andrew Mealey All Rights Reserved