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Terms

A. General Statement and Rules

  1. Fieldstead & Company, Inc. (“Fieldstead”) has established BlueKennel.com (the “Web Site”) to express Howard Ahmanson’s views and opinions on various subjects that are of interest to him. Thoughtful people with similar interests are invited to respond and comment on the Web Site.
  2. These Terms of Use are a legal agreement between you and Fieldstead. By using the Web Site, you acknowledge that you have read, understand and agree to comply with the terms and conditions stated within these Terms of Use. Fieldstead may change, delete or add to these Terms of Use at any time, and those changes will become effective immediately upon posting. By continuing to use the Web Site, you agree to any such changes.
  3. In connection with your use of the Web Site, you are required to comply with all applicable laws and such further limitations as may be set forth in any notice from Fieldstead.

B. Web Site Postings

  1. The Web Site and all materials contained on the Web Site are protected by United States and international copyright laws and, except as permitted in these Terms of Use or by copyright law, may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of Fieldstead, or in the case of third party materials, the owner of that content.
  2. The contents of the Web Site are intended for personal noncommercial use and you may copy or download the contents of the Web Site for such use only. Copying or storing any copyrighted material from the Web Site for other than personal noncommercial use is prohibited unless the permission of the copyright holder is obtained in advance.
  3. Fieldstead is not responsible for Web Site content provided by third parties, including, without limitation, commentary, reporting or other Web Site content provided by guest authors (who may be identified as “Guest Blogger” or other similar designation).

C. User Comments

  1. You are responsible for the content of your postings to the comments section of the Web Site, for ensuring that the content of your postings complies with all applicable laws and with these Terms of Use, and for ensuring that your postings are accurate, truthful and complete.
  2. No defamatory, obscene or illegal material is to be published on the Web Site.
  3. Be vigorous in your dissent, but don’t make ad hominem attacks on others, engage in hate speech, or use language that is pornographic, defamatory, profane, threatening, abusive, racially or ethnically objectionable or which violates the privacy rights of others.
  4. No ads or other commercial material is to be posted on the Web Site.
  5. You must not copy, post or otherwise make available on the Web Site any material that is protected by copyright, trademark or other proprietary right without the express permission of the owner of such right. You are responsible for determining whether the material you post is protected by copyright, trademark or other proprietary right and for respecting all such rights.
  6. You are responsible for liability for harm caused by your postings, including, without limitation, defamation and copyright infringement.
  7. You grant Fieldstead a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to any content posted by you, which includes without limitation the right for Fieldstead or any third party Fieldstead designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, create derivative works of, host, index, cache, tag, encode, modify and adapt in any form or media now known or hereinafter developed, any content posted by you on or to the Web Site or any other web site owned by Fieldstead. You agree that any postings that you make may be edited, published, or deleted by Fieldstead, and you waive any rights you may have to prevent any such editing, publication or deletions.
  8. Fieldstead is not responsible for monitoring or editing the content of your postings. Nevertheless, Fieldstead has the discretionary right, without being obligated, to monitor the Web Site and to delete or edit, in whole or in part, any posting that Fieldstead believes may violate applicable laws or regulations or these Terms of Use or which, in Fieldstead’s discretionary opinion, is otherwise objectionable or inappropriate for inclusion on the Web Site.
  9. Fieldstead may immediately terminate or suspend your use of the Web Site if you violate these Terms of Use, including, without limitation, by posting defamatory content or content that infringes a copyright or other proprietary right.

10. You understand that the Internet is public and email communications between you and Fieldstead through the Web Site will be viewed by other people.

D. Creative Commons License

Material contained on the Web Site, including information posted by you, is published under a Creative Commons Attribution NonCommercial ShareAlike License.

E. Copyright Agent

If you believe that your copyrighted work has been used on the Web Site without authorization in a way that constitutes copyright infringement, you may notify our copyright agent (designated pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)) either by mail to [Copyright Agent, c/o Fieldstead & Company, Inc., P.O. Box 19599, Irvine, CA 92623, or by email to sferguson@nonnobis.com [or “copyrightagent@nonnobis.com” if such email account is set up]. Any notice of alleged copyright infringement must contain the following information:

  • Your address, telephone number, and e-mail address;
  • A statement identifying the copyrighted work or works that you claim has or have been infringed;
  • A statement identifying the posting or other location on the Web Site that contains the allegedly infringing material;
  • A statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

F. Access to Other Sites

The Web Site may contain links to other sites on the Internet. Fieldstead is not responsible for the content on any other such sites.

G. Disclaimer of Fieldstead Warranties

  1. All content on the Web Site is provided to YOU on an “as is,” “as available” basis, without warranty of any kind, express or implied, including but not LIMITED to warranties of title, of non-infringement, or of fitness for a particular purpose. Fieldstead makes no warranty as to the accuracy, completeness, timeliness or reliability of any content on the Web Site. Fieldstead has no obligation to update any content that appears on the Web Site. Fieldstead makes no representations or warranties that the use of the Web Site will be error-free or uninterrupted.
  2. Fieldstead disclaims any liability for any direct, incidental, consequential or special damages arising out of or in any way connected to the use of the Web Site. Fieldstead disclaims any responsibility for delays or mistakes in transmission of any material transmitted to or from the Web Site, for viruses, or for unauthorized access to the Web Site, whether caused by Fieldstead’s or another party’s negligence, acts of God or intentional acts.
  3. Fieldstead specifically disclaims liability arising from any material posted to the Web Site by a third party, including but not limited to any material which may be deemed to be libelous, defamatory, profane, in violation of another person’s privacy, or otherwise offensive. Fieldstead does not undertake to monitor the content of third party’s postings to the Web Site, although it does reserve the right to remove or edit content that it deems unacceptable or inappropriate for any reason for inclusion on the Web Site.

H. User’s Representations and Warranties.

  1. You represent, warrant, and promise that you will not use the Web Site for any purpose that is unlawful or inconsistent with tHESE TERMS OF USE and that any postings that you make on the Web Site will not (a) plagiarize or violate the rights of anyone else, including trademark, privacy, copyright or other personal or proprietary rights, (b) contain libelous material, or (C) OTHERWISE VIOLATE ANY APPLICABLE LAWS.
  2. you agree to indemnify and hold harmless Fieldstead and its directors, shareholders, affiliates, employees, officers and agents against liability and COSTS, including reasonable attorneys’ fees, arising in any way out of any breach by you of these Terms of Use, including your representations, warranties and promises. Fieldstead reserves the right, at its own expense to assume the exclusive defense and control of any matter subject to indemnification by you.

I. Miscellaneous

  1. If any portion of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
  2. The failure of Fieldstead to enforce any provision(s) of these Terms of Use or respond to a breach by any party shall in no way constitute a waiver of Fieldstead’s right to subsequently enforce any terms or conditions of these Terms of Use or respond to any breaches.

BY CONTINUING TO USE THE WEB SITE, YOU AGREE TO ABIDE BY THESE TERMS OF USE.