Use of the Fall Creek Suttlery website signifies your
agreement to the terms and conditions of use set forth below in the Agreement:
(1)You acknowledge that you have read the terms and conditions of use and
that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS
OF USE CAREFULLY BEFORE USING THIS FALL CREEK SUTTLERY WEB SITE.
(2) You excercise your responsibility by
using this website, placing orders via shopping cart, phone, mail, or
email you acknowledge that you have thoroughly read ALL information regarding
the terms of use, the FAQ - Help page, measurement page. You agree with
the terms of use and understand that the Fall Creek Suttlery has the right
to refuse or cancel an order at any time. You will not hold the
Fall Creek Suttlery liable for your lack of knowledge of period clothing
fit, styles, re-enactment group requirements and historical regulations.
If you do not agree to the terms and conditions of this agreement, you
should immediately cease all usage of this website.
(3) FALL CREEK SUTTLERY may monitor your
use of this FALL CREEK SUTTLERY Web Site, and may freely use and disclose
any information and materials received from you or collected through your
use of the FALL CREEK SUTTLERY Web Site for any lawful reason or purpose.
(4) FALL CREEK SUTTLERY reserves the right, at its sole discretion, to
change, modify, add or remove any portion of this Agreement, in whole
or in part, at any time. Notification of changes in the Agreement will
be posted on the FALL CREEK SUTTLERY Web Site.
(5) The FALL CREEK SUTTLERY Web Site is protected by copyright as a collective
work and/or compilation, pursuant to U.S. copyright laws, international
conventions, and other copyright laws. The contents of the FALL CREEK
SUTTLERY Web Site are only for your personal, non-commercial use. All
materials contained on the FALL CREEK SUTTLERY Web Site are protected
by copyright, and are owned or controlled by FALL CREEK SUTTLERY or the
party credited as the provider of the Content. You will abide by any and
all additional copyright notices, information, or restrictions contained
in any Content on the FALL CREEK SUTTLERY Web Site. You may download and
make (1) [copy/copies] of the Content and other downloadable items displayed
on this FALL CREEK SUTTLERY Web Site for personal, noncommercial use only,
provided that you maintain all copyright and other notices contained in
such Content. Copying or storing of any Content for other than personal,
noncommercial use is expressly prohibited without the prior written permission
from FALL CREEK SUTTLERY or the copyright holder identified in the individual
Contents copyright notice.
(6) FALL CREEK SUTTLERY may change, suspend or discontinue any aspect
of the FALL CREEK SUTTLERY Web Site at any time, including the availability
of any FALL CREEK SUTTLERY Web Site feature, database, or Content. FALL
CREEK SUTTLERY may also impose limits on certain features and services
or restrict your access to parts or all of the FALL CREEK SUTTLERY Web
Site without notice or liability.
(7) You hereby agree to indemnify, defend and hold FALL CREEK SUTTLERY,
and all its officers, directors, owners, agents, employees, information
providers, affiliates, licensors and licensees (collectively, the "Indemnified
Parties') harmless from and against any and all liability and costs incurred
by the Indemnified Parties in connection with any claim arising out of
any breach by you of the Agreement or the foregoing representations, warranties
and covenants, including, without limitation, attorneys fees and costs.
You shall cooperate as fully as reasonably required in the defense of
any claim. FALL CREEK SUTTLERY reserves the right, at its own expense,
to assume the exclusive defense and control of any matter otherwise subject
to indemnification by you and you shall not in any event settle any matter
without the written consent of FALL CREEK SUTTLERY.
(8) The FALL CREEK SUTTLERY Web Site contains links and pointers to the
other related World Wide Web Internet sites, resources, and sponsors of
the FALL CREEK SUTTLERY Web Site. Links to and from FALL CREEK SUTTLERY
Web Site to other third party sites, maintained by third parties, do not
constitute an endorsement by FALL CREEK SUTTLERY or any of its subsidiaries
or affiliates of any third party resources, or their contents.
(9) FALL CREEK SUTTLERY does not represent or endorse the accuracy or
reliability of any advice, opinion, statement, or other information displayed
or distributed through the FALL CREEK SUTTLERY Web Site. You acknowledge
that any reliance upon any such opinion, advice, statemen@ memorandum,
or information shall be at your sole risk. FALL CREEK SUTTLERY reserves
the right, in its sole discretion, to correct any errors or omissions
in any portion of the FALL CREEK SUTTLERY Web Site.
(10) THE FALL CREEK SUTTLERY WEB SITE, INCLUDING ALL CONTENT, SOFTWARE,
FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH
THE FALL CREEK SUTTLERY WEB SITE, IS PROVIDED "AS IS." TO THE
FULLEST EXTENT PERMISSIBLE BY LAW, FALL CREEK SUTTLERY AND ITS SUBSIDIARIES
AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER
FOR THE CONTENT ON THE FALL CREEK SUTTLERY WEB SITE OR THE MATERIALS,
INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED
THROUGH THE FALL CREEK SUTTLERY WEB SITE, FOR ANY PRODUCTS OR SERVICES
OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED
WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE FALL CREEK
SUTTLERY WEB SIT'E OR ANY LINKED SITE. FURTHER, FALL CREEK SUTTLERY AND
ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, WITHOUT LOMATION, NON-INFRINGEMEENT, MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. FALL CREEK SUTTLERY DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE FALL CREEK SUTTLERY WEB SITE OR ANY MATERIALS
OR CONTENT CONTAINED THEREIN WELL BE UNINTERRUPTED OR ERROR FREE, THAT
DEFECTS WELL BE CORRECTED, OR THAT THE FALL CREEK SUTTLERY WEB SITE OR
THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. FALL CREEK SUTTLERY AND ITS SUBSIDIARIES AND AFFILIATES SHALL
NOT BE LIABLE FOR THE USE OF THE FALL CREEK SUTTLERY WEB SITE, INCLUDING,
WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
(11) By posting messages, uploading files, inputting data or engaging
in any other form of communication (individually or collectively "Communications')
to the FALL CREEK SUTTLERY Web Site, you hereby grant to FALL CREEK SUTTLERY
a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty
free license to use, copy, license, sublicense, adapt, distribute, display,
publicly perform, reproduce, transmit, modify, edit and otherwise exploit
such Communications, in all media now known or hereafter developed. You
hereby waive all rights to any claim against FALL CREEK SUTTLERY for any
alleged or actual infringements of any proprietary rights, rights of privacy
and publicity, moral rights, and rights of attribution in connection with
such Communications.
(12) You acknowledge that transmission to and from this FALL CREEK SUTTLERY
Web Site are not confidential and your Communications may be read or intercepted
by others. You acknowledge that by submitting Communications to FALL CREEK
SUTTLERY, no confidenfial, fiduciary, contractually implied or other relationship
is created between you and FALL CREEK SUTTLERY other than pursuant to
this Agreement.
(13) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH
THE LAWS OF THE STATE OF INDIANA WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS.
SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT
OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL
COURT LOCATED IN THE STATE OF INDIANA
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Fall Creek Suttlery.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
| By Mail: |
|
Andy Fulks
|
| Fall Creek Corporation |
| PO Box 92 |
|
Whitestown, IN 46052
|
| By Telephone: 765-482-1956 |
| By Email: ajf5577@aol.com |
(14) Botnets
Fall Creek Suttlery retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Fall Creek Suttlery reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
(15) Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Fall Creek Suttlery, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation. You agree that by accepting this Terms of Use Agreement, you are consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
Our Policy on Website Confidentiality and Security
Assuring the security and confidentiality of Fall Creek Suttlery Web site visitors is an important concern to us, as well as to the Internet at-large. Here is how we pledge to protect your privacy and ensure the highest level of security possible:
Fall Creek Suttlery does NOT:
-
sell, provide or release names, e-mail addresses, or postal addresses to any third party.
-
track or report any individual registrant's activity on the site.
Fall Creek Suttlery uses the data we collect to:
- ensure you are sent the product you have requested and only what you have requested.
- measure global, not individual site activity.
- improve our services: "Cookie" technology helps us learn which features and services are important to our visitors. This helps us determine how to improve and further develop our site. Cookies also allow customers to place orders using our on-line shopping cart catalog. Please read attached article on cookies for more information.
Fall Creek Suttlery provides Internet security by:
- hosting our site on a secure server.
- creating secure areas of the Web site for the transfer of confidential information such as your credit card number in our on-line catalog. When using Netscape, for example, you'll know an area of the site is secure when the broken key in the bottom left hand corner of your screen becomes a whole key. Internet Explorer will display a padlock in the bottom right corner( IE version 6 0r earlier) or top by browser window for IE version 7.
(16) This Agreement constitutes the entire agreement between FALL CREEK
SUTTLERY and you with respect to your use of the FALL CREEK SUTTLERY Web
Site. Any cause of action you may have with respect to your use of the
FALL CREEK SUTTLERY Web Site must be commenced within one (1) year after
the claim or cause of action arises. If for any reason a court of competent
jurisdiction finds any provision of the Agreement, or portion thereof,
to be unenforceable, that provision shall be enforced to the maximum extent
permissible so as to effect the intent of the Agreement, and the remainder
of this Agreement shall continue in full force and effect. FALL CREEK
SUTTLERY disclaims any and all responsibility for content contained in
any third party materials provided through links from the FALL CREEK SUTTLERY
Internet site.
Finally, talk to us. If you have additional
questions or concerns about security on the site or the use of cookies,
please let us know.
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Shopping cart features added
by Link Data Services
All info and pictures Copyright 2013 Fall Creek Corporation
Nothing can be copied without permission.