THE BOXCAR SITES
OWNERSHIP AND PROPRIETARY RIGHTS.
The Boxcar Sites, including all content, media and materials created and placed on the site by Boxcar, are the property of Boxcar and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. User submissions intended for posting on the Boxcar Sites are done so under license to Boxcar and, where expressly indicated, subject to the BY-NC-SA Creative Commons License (http://creativecommons.org) Boxcar authorizes you to access and use the Boxcar Sites strictly for communicating with Boxcar and the letterpress community. All rights not expressly granted herein are reserved.
USE OF THE BOXCAR SITES
If you establish a user account with the Boxcar Sites, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, including choosing a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Boxcar immediately of any unauthorized use of your account or any other breach of security. Boxcar will not be liable for any loss that you may incur as a result of someone else using your password, account, either with or without your knowledge. However, you could be held liable for losses incurred by Boxcar or another party due to someone else using your account or password. You may not use anyone else’s account at any time. You may not authorize others to use your account, or sub-license, transfer, sell or assign your account to any third party. Boxcar reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders for services in its sole discretion.
You may not use the Boxcar Sites to transmit unsolicited email. You may send unsolicited email to the Boxcar Sites or to anyone whose email address includes the domain name used on the Boxcar Sites strictly for the purposes of communicating with Boxcar about its printing services or the letterpress community. You may not use our domain name as a pseudonymous return email address for any communications which you transmit from another location or through another service. You may not pretend to be someone else-or spoof their identity-when using the Boxcar Sites.
You agree that we have the right (but not the obligation) to investigate any complaint received. By reserving this right, we do not undertake any responsibility in fact to investigate complaints or to remove, disable or restrict access to or the availability of content on the Boxcar Sites. We support free speech on the Internet and therefore will not act on complaints that we believe, in our subjective judgment, to be deficient. If you believe that material that remains on this site that violates your rights, your sole remedy shall be against the person(s) responsible for posting or storing it, not against us.
SUBMISSION OF MATERIAL TO THE BOXCAR SITES
The Boxcar Sites contain certain areas where you may upload or submit information, data, databases, music, audio, video or audio-visual files, photographs, images, documents, text, digital files or other material (“Material”). Your rights associated with such Material may vary depending on the nature of your submission, such as whether the Material is intended strictly for use by Boxcar in fulfilling an order or for posting on the Boxcar Sites for viewing by others.
You agree that Boxcar shall have a limited license to reproduce Material submitted via the Boxcar Sites for use in connection with fulfilling orders placed with Boxcar. You represent and warrant that you are the owner of the copyrights in such Material, or have right to use the Material in the manner requested. You represent and warrant that Boxcar’s use of the Material will not infringe the intellectual property rights of any third party and you hereby agree to indemnify and defend Boxcar against any and all claims that the use of the Material infringes any third party rights.
By submitting Material to be posted on the Boxcar Sites, such as in a user blog, you grant us an irrevocable, perpetual, non-exclusive, royalty free worldwide license to reproduce, adapt, distribute, perform (either publicly or by digital audio transmission) or publicly display all or any portion of the Material on the Boxcar Sites. You also agree that Material submitted to certain locations on Boxcar Sites will be identified as being governed by the BY-NC-SA Creative Commons License (http://creativecommons.org) and you agree that the BY-NC-SA Creative Commons License will govern Material submitted to those locations.
You agree that you will not post any Material which violates or infringes anyone’s intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or, to the extent protectable, confidential ideas) or which violates U.S. law or which is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
You expressly agree that we may edit, remove, disable or restrict access to or the availability of any Material from this site (including, but not limited to, Material which you have posted or stored) which we believe, in good faith and in our sole discretion, to violate these TOU (regardless of whether we are in fact correct in our assessment) or which is the subject of a Notification duly sent to us pursuant to the Digital Millennium Copyright Act. If you believe that we have acted mistakenly with respect to certain Material, you may contact us in the manner described below, in which case we may investigate the matter further. We reserve the right, however, to take no further action. Posting or storing Material at this site is a privilege, not a right. Under no circumstances may we be held liable for removing, disabling or restricting access to or the availability of Material.
We respect the intellectual property of others, and we ask you to do the same. Accordingly, Boxcar has adopted the following Intellectual Property Compliance Policy. If you or any user of the Boxcar Sites believes its copyright, trademark, or other property rights (“IP Rights”) have been infringed, the IP Rights owner (“Complaining Party”) should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
a. A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;
b. Identification of the IP Rights claimed to have been infringed;
c. Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted;
d. Identification of the material that is claimed to be infringing or to be subject to infringing activity on the Complaining Party’s IP Rights that is to be removed and information reasonably sufficient to permit us to locate such materials;
e. 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, agent, or by law; and
f. A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive IP Right that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), our Designated Agent for notice of claims of IP Rights infringement can be reached as indicated below.
Designated Agent for Claimed Infringement:
Boxcar Press, LLC
On notice, we will act expeditiously to review and if necessary to remove content on the Boxcar Sites that infringes the copyright rights of others and will disable the access to the Boxcar Sites and its services of anyone who uses them to repeatedly infringe the intellectual property rights of others. Any such removal will be without liability to you or any other party and that the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA. We take protection of copyrights, both our own and others, very seriously.
The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications (collectively “Marks”) on or of the Boxcar Sites, including, without limitation, “Boxcar Press” are the intellectual property of and proprietary to Boxcar, its advertisers, suppliers and others with whom Boxcar may do business. You have no right to use any of these Marks or any confusingly similar marks for any purpose without the express prior written consent of Boxcar.
HYPERLINKS TO THIRD PARTY SITES
DISCLAIMER AND LIMITATIONS OF LIABILITY
IN ORDER TO PROVIDE YOU WITH THE BOXCAR WEBSITES, WE ARE UNABLE TO OFFER ANY WARRANTIES OR MAKE ANY REPRESENTATIONS ABOUT ANY BENEFITS OR OPPORTUNITIES WHICH YOU MAY OBTAIN AT THIS SITE. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THIS WEB SITE IS MADE AVAILABLE TO YOU “AS IS,” WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. IN ADDITION, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THIS WEB SITE WILL BE SECURE, ACCESSIBLE CONTINUOUSLY AND WITHOUT INTERRUPTION, OR ERROR FREE.
TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NON-BINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES.
IN ORDER TO PROVIDE YOU WITH THE BOXCAR WEBSITES, WE ARE UNABLE TO ACCEPT LIABILITY FOR ANY CONDUCT, ACTS OR OMISSIONS OCCURRING AT THIS WEB SITE OR ANY LOSSES YOU MAY INCUR. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, EVEN IF YOU CLAIM TO HAVE NOTIFIED US ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD-PARTIES.
Boxcar reserves the right to change the terms, conditions, and notices under which the services are offered. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the Boxcar Sites constitutes your agreement to all such terms, conditions, and notices.
- MISCELLANEOUS TERMS
Without limitation, this Agreement contains the entire understanding and agreement between you and Boxcar and supersedes any and all prior, inconsistent or other understandings relating to the Boxcar Sites and your use of the Boxcar Sites. This Agreement cannot be modified, changed or terminated, except as specifically described herein.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions herein and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the Boxcar Sites, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
This Agreement and your use of the Boxcar Sites shall be governed by, construed and enforced in accordance with the substantive laws of the State of New York. You specifically agree and submit to the exclusive jurisdiction and venue of the applicable New York State and Federal Courts situated in New York and you agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise; provided, however, that notwithstanding the foregoing, you agree that Boxcar has the sole right and discretion to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.
IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE BOXCAR SITES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If you have any questions about this Policy, the practices of the Boxcar Sites, or your dealings with the Boxcar Sites, please send us a letter via facsimile or email to:
Boxcar Press, Inc.