Last Revised March 27, 2011
Red Clay and its subsidiaries and affiliates (collectively "Red Clay") provides services to you subject to the following Terms of Use. These Terms of Use constitute a binding agreement between Red Clay and you governing your use of the www.redclayhome.com website or any other websites owned by Red Clay (collectively the "Website"). By using and/or visiting the Website you signify your assent to both these Terms of Use and the Red Clay Privacy Policy, which is specifically incorporated into the Red Clay Terms of Use. These Terms of Use may be updated by Red Clay from time to time without prior notice, which shall take effect upon posting to the Website. It is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You are only authorized to use the Website if you agree to abide by all applicable laws and to these Terms of Use. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, please do not use the Website.
1. Website Access
Red Clay hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without Red Clay's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; (iv) you are of legal age to form a binding contract and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and are not a person barred by any laws from using the Website; and (v) you will otherwise comply with the terms and conditions of these Terms of Use
In order to access some features of the Website, you will have to create an account. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your account profile page. In addition, you agree to immediately notify Red Clay of any unauthorized use of your password or account or any other breach of security. Red Clay cannot and will not be liable for any loss or damage arising from your failure to comply with this section. Use of multiple accounts or another user's account is not allowed.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or similar technological devices or programs, that access the Website in a manner that sends more request messages to the Red Clay servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Red Clay grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Red Clay reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
You agree not to collect or use any personally identifiable information including without limitation account names, email addresses, or other User Submissions (as defined below), from the Website, nor use the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.
Red Clay reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Red Clay shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
The Website may contain links to third party websites that are not owned or controlled by Red Clay. Red Clay has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you specifically release Red Clay from any and all liability arising from your use of any third-party website.
2. Rules of Conduct
The following rules of conduct apply to your use of the Website and to any and all ideas, suggestions, opinions, comments, observations and materials you post on the Website, including text, data, graphics, audio or video content, music, sound, chat, messages, files or other material (collectively User Submissions) whether the User Submission is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of Red Clay.
You may not, in connection with the Website upload, post, email or otherwise transmit any User Submission that:
is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
provides any telephone numbers, street addresses, last names, URLs or email address;
infringes or violates any patent, copyright, trademark, trade secret or other property right;
breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts, or hate speech;
violates or encourages others to violate any applicable law, statute, ordinance or regulation;
promotes software or services that deliver unsolicited e-mail;
orcontains viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines.
In addition, you may not use the Website to:
solicit personal information from anyone under 18;
provide false or deceptive information;
use Red Clay content to engage in commercial activities;
delete, add or otherwise change other people's entries or other Content when you have not been granted the privileges to do so;
or allow usage by others in such a way as to violate Red Clay's Terms of Use.
3. User Submissions
The interactive nature of postings on Red Clay makes it impossible for us to assume responsibility for any of the materials posted by users. The User Submissions are not endorsed by Red Clay, and we make no guarantee regarding the reliability, accuracy, or quality of any User Submission that is posted on the Website. You acknowledge that you will evaluate and bear any risks related to your use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission. All User Submissions posted to the Website are the sole responsibility of the person who originally posted the User Submission, and your sole recourse for any damage you may suffer as a result of User Submissions shall be to such individual.
You shall be solely responsible for your own User Submission and the consequences of posting or publishing them. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Red Clay, you hereby grant Red Clay a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and Red Clay's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media now known or hereafter developed.
If you choose to post User Submissions on the Website, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of the Website reflects your respect for the legal rights of users connected with Red Clay. You understand that Red Clay does not guarantee any confidentiality with respect to any User Submission.
Red Clay expressly disclaims any and all liability in connection with User Submissions. Red Clay reserves the right to remove content and User Submissions in its sole discretion and without prior notice. Red Clay also reserves the right to terminate a user's access to the Website at any time in its sole discretion and without prior notice.
4. Design Submissions
If you are contributing a Design Submission to Red Clay, you agree to the additional Design Submission Terms and Conditions.
5. Intellectual Property Rights
The content on the Website, except all User Submissions, including without limitation, the text, graphics, and photos created by and for Red Clay, interactive features and the trademarks, service marks and logos contained therein, are owned by or licensed to Red Clay, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you "as is" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Red Clay or as expressly provided herein. Red Clay reserves all rights not expressly granted in and to the Website and the content contained therein.
You agree to not engage in the use, copying, or distribution of any of the content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the content for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein.
The Red Clay Website is copyright 2011, Red Clay LLC. All rights are reserved and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of Red Clay.
6. Intellectual Property Infringement
Red Clay respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with Red Clay and the Website, you may not post, modify, distribute, or reproduce in any way any User Submission that is copyrighted material belonging to others, without obtaining their prior written consent. This specifically includes the submission of a Design. Red Clay reserves the right, in its discretion, to remove any User Submission if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe to be infringers.
If you believe that your work has been copied or posted on the Website in a way that constitutes copyright infringement, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
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, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
Intellectual Property Complaints
Red Clay
1122 Carmen Ave
Sheboygan, WI 53081
7. Violations of These Terms of Use
Please report any violations of the Terms of Use, including objectionable User Submissions or behavior, to info@redclayhome.com. Please state the reasons for your concern and provide a link to the user content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, Red Clay in its sole discretion may investigate the matter and take such action as Red Clay determines to be appropriate.
8. Termination
Red Clay may, under certain circumstances and without prior notice, immediately terminate your Red Clay account and access to the Website and any other Red Clay services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms of Use other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Website (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Website or any other Red Clay product. Further, you agree that all terminations shall be made in Red Clay's sole discretion and that Red Clay shall not be liable to you or any third party for any termination of your account, or access to the Website.
9. Warranty Disclaimer
You agree that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, Red Clay, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Red Clay, disclaim all warranties, express or implied, in connection with the Website and your use thereof. Red Clay makes no warranties or representations about the accuracy or completeness of the website's content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from the website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website. Red Clay does not warrant, endorse, guarantee, or assume responsibility for any linked website or other promotion, and Red Clay will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. No advice or information, whether oral or written, obtained by you from Red Clay or through or from the service shall create any warranty not expressly stated in these Terms of Use. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
10. Limitation of Liability
In no event shall Red Clay, or any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Red Clay, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law.
You specifically acknowledge that Red Clay shall not be liable for user submissions or for any defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Website is controlled and offered by Red Clay from its facilities in the United States of America. Red Clay makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
11. Indemnity
You agree to defend, indemnify and hold harmless Red Clay, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Red Clay, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.
13. Choice of Law
These Terms of Use and all matters relating to it or arising from it Ð whether sounding in contract law or otherwise Ð shall be governed by, and shall be construed and enforced pursuant to, the laws of the state of Wisconsin. If any provisions of the Agreement shall be prohibited by or ruled invalid under Wisconsin law, such provisions shall be ineffective only to the extent of such prohibition or invalidity, without affecting the validity or enforceability of the remaining provisions thereof.
14. No Waiver
No failure or delay on the part of Red Clay in exercising any power or right under these Terms of Use shall operate as a waiver, nor shall any single or partial exercise of any such power or right preclude any other exercise of any other power or right.
15. Arbitration
Any dispute between you and Red Clay shall be decided under Wisconsin law, via binding arbitration in accord with applicable rules of the American Arbitration Association. Any such arbitration demand shall be Þled in the state of Wisconsin within one year of the date that any claim may arise.
