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Community Clay - Denver

Denver’s friendliest pottery studio!

Denver’s friendliest pottery studio!Denver’s friendliest pottery studio!

Privacy Policy

 

Terms of Use for Informational Website and Privacy Policy


PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME). YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN SECTION XII BELOW. 

I. INTELLECTUAL PROPERTY  The Website and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the Website Content) and all intellectual property rights to the same are owned byCommunity Clay, LLC, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Website are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in the Website or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved. 

II. WEBSITE ACCESS AND USE   A. Access to the Website including, without limitation, the Website Content is  provided for your information and personal, non-commercial use only. When using the  Website, you agree to comply with all applicable federal, state, and local laws including,  without limitation copyright law. Except as expressly permitted in these Terms of Use,  you may not use, reproduce, distribute, create derivative works based upon, publicly  display, publicly perform, publish, transmit, or otherwise exploit Website Content for any  purpose whatsoever without  obtaining prior written consent from us or, in the case of  third-party content, its respective owner. In certain instances, we may permit you  to  download or print Website Content or both. In such a case, you may download or print  (as applicable) one copy of Website Content for your personal, non-commercial use  only. You acknowledge that you do not acquire any ownership rights by downloading or  printing Website Content. 

B. Except as expressly permitted in these Terms of Use, you may not: 

1. Remove, alter, cover, or distort any copyright, trademark, or other     proprietary rights notice on the Website or Website Content; 

2. Circumvent, disable or otherwise interfere with security-related     features of the Website including, without limitation, any features that     prevent or restrict use or copying of any content or enforce limitations on     the, use of the Website or Website Content; 

3. Use an automatic device (such as a robot or spider) or manual process to copy or scrape the Website or Website Content for any purpose without the express written permission of Community Clay, LLC. Notwithstanding the foregoing, Community Clay, LLC grants public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time; 

4. Collect or harvest any personally identifiable information from the     Website including, without limitation, user names, passwords, email     addresses; 

5. Solicit other users to join or become members of any commercial     online service or other organization without our prior written approval; 

6. Attempt to or interfere with the proper working of the Website or     impair, overburden, or disable the same; 

7. Decompile, reverse engineer, or disassemble any portion of any the    Website; 

8. Use network-monitoring software to determine architecture of or     extract usage data from the Website; 

9. Encourage conduct that violates any local, state or federal law,     either civil or criminal, or impersonate another user, person, or entity (e.g.,    using another person’s Membership without permission, etc.); 

10. Violate U.S. export laws, including, without limitation, violations of     the Export Administration Act and the Export Administration Regulations     administered by the Department of Commerce; or 

11. Engage in any conduct that restricts or inhibits any other user from    using or enjoying the Website. 

12. You agree to cooperate fully with Community Clay, LLC to investigate any suspected or actual activity that is in breach of these Terms of Use. 

III. CONDITIONS FOR LINKING TO WEBSITE     Upon your acceptance of these Terms of Use as evidence by your clicking where indicated below your acceptance of and agreement to these terms, we hereby grant you a non-exclusive, limited license, revocable at our discretion, for you to link to the Website home page from any site you own or control that is not commercially competitive with the Website and does not criticize or otherwise injure the Website, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of our mission. Such a link is not an endorsement of such other site(s) by us. All of our rights and remedies are expressly reserved. 

IV. USER REGISTRATION    A. In order to access or use some features of the Website, you will have to  become a registered user. If you are under the age of thirteen, then you are not  permitted to register as a user or otherwise submit personal information to this  Website.

B. If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will  promptly update the relevant registration information. During registration, you will create a user name and password (a Membership), which may permit you access to certain areas of the Website not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at communityclaydenver@gmail.com of any breach of security or unauthorized use of your Membership. 

V. USER CONTENT
 A. We may now or in the future permit users to post, upload, transmit through, or  otherwise make available on the Website (collectively, submit) messages, text,  illustrations, files, images, graphics, photos, comments, sounds, music, videos,  information, content, and/or other materials (User Content). Subject to the rights and  license you grant herein, you retain all right, title and interest in your User Content.  We do not guarantee any confidentiality with respect to User Content even if it is  not  published on the Website. It is solely your responsibility to monitor and protect any  intellectual property rights that you may have in your User Content, and we do not  accept any responsibility for the same. 

B. You shall not submit any User Content protected by copyright, trademark,   patent, trade secret, moral right, or other intellectual property, personal, contractual,  proprietary or other third party right without the express permission of the owner of the  respective right. You are solely liable for any damage resulting from your failure to obtain  such permission or from any other harm resulting from User Content that you submit. 

C. You represent, warrant, and covenant that you will not submit any User  Content that: 

1. Violates or infringes in any way upon the rights of others, including, but    not limited to, any copyright, trademark, patent, trade secret, moral right, or other    intellectual property, personal, contractual, proprietary or other third party right of    any person or entity; 

2. Impersonates another or is unlawful, threatening, abusive, libelous,    defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane,    pornographic, lewd, lascivious, filthy, excessively violent, harassing or otherwise    objectionable; 

3. Encourages conduct that would constitute a criminal offense, give     rise to civil liability or otherwise violate any law; 

4. Is an advertisement for goods or services or a solicitation of funds; 

5. Includes personal information such as messages which identify phone    numbers, social security numbers, account numbers, addresses, or employer    references; 

6. Contains a formula, instruction, or advice that could cause harm or injury; 

7. Is a chain letter of any kind; or 

8. The licensed use by us hereunder would result in us having any     obligation or liability to any party. 

Any conduct by a user that in our sole discretion restricts or inhibits any other  user from using or enjoying the Website will not be permitted. 

D. By submitting User Content to us, simultaneously with such posting you  automatically grant, or warrant that the owner has expressly granted, to us a worldwide,  royalty-free, perpetual, irrevocable, non-exclusive, fully licensable, and transferable right  and license to use, record, sell, lease, reproduce, distribute, create derivative works  based upon (including, without limitation, translations), publicly display, publicly perform,  transmit, publish and otherwise exploit the User Content (in whole or in part) as we, in  our sole discretion, deem appropriate including, without limitation, (1) in connection with  our business; and (2) in connection with the businesses of our successors, parents,  subsidiaries, and their related companies. We may exercise this grant in any format,  media or technology now known or later developed for the full term of any copyright that  may exist in such User Content. Furthermore, you also grant other users permission to  access your User Content and to use, record, sell, lease, reproduce, distribute, create  derivative works based upon, publicly display, publicly perform, transmit, publish and  otherwise exploit your User Content for personal, non-commercial use as permitted by  the functionality of the Website and these Terms of Use. The granted rights include the  right to configure, host, index, cache, digitize, compress, optimize, modify, edit, adapt,  and remove such content and combine same with other materials. Furthermore, we are  free to use any ideas, concepts, know-how or techniques contained in any User Content  you submit without any remuneration or obligation to you. 

E. By submitting User Content, you also grant us the right, but not the obligation to  use your biographical information including, without limitation, your name  and  geographical location in connection with broadcast, print, online, or other use or  publication of your User Content. 

F. We reserve the right to display advertisements in connection with your User  Content and to use your User Content for advertising and promotional purposes. You  acknowledge and agree that your User Content may be included on the Websites and  advertising networks of our distribution partners and third-party service providers  (including their downstream users). 

G. We have the right, but not the obligation, to monitor User Content. Please  exercise caution and common sense when viewing User Content. We have no obligation  to post, maintain or otherwise make use of User Content and do not guarantee  distribution of User Content. We may discontinue operation of the Website, or your use  of the Website, in either case in whole or in part, in our sole discretion. You have no right  to maintain or access your User Content on the Website and we have no obligation to  return your User Content or otherwise make it available to you. 

H. The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to reversion. If you become aware that User Content you have submitted includes any material for which you lack the unrestricted right to grant us the rights set forth above without obligations or liability to any party, you agree to promptly provide us with detailed written notice thereof to Community Clay, LLC, 2625 E 12th Ave., Denver, CO 80206, and communityclaydenver@gmail.com.

VI. WEBSITE CONTENT & THIRD PARTY LINKS 

A. We provide the Website including, without limitation Website Content for  entertainment, educational and promotional purposes only. You may not rely on  any  information and opinions expressed on any of our Website for any other purpose. In all   instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or  usefulness of Website Content. Under no circumstances will we be liable for any loss or  damage caused by your reliance on any Website Content. 

B. In some instances, Website Content will include content posted by a third- party  or will represent the opinions and judgments of a third-party. We do not endorse, warrant  and are not responsible for the accuracy, timeliness, completeness, or reliability  of any  opinion, advice, or statement made on the Website by anyone other than  authorized  employees or spokespersons while acting in their official capacities. 

C. The Website may contain links to other Websites maintained by third parties. We  do not operate or control, in any respect, or necessarily endorse the content found on  these third-party Websites. You assume sole responsibility for your use of third-party  links. We are not responsible for any content posted on third-party Websites or liable to  you for any loss or damage of any sort incurred as a result of your dealings with any  third-party or their Website. 

VII. INDEMNIFICATION     You agree to indemnify and hold harmless Community Clay, LLC, and its employees, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of the Website; (ii) User Content provided by you or through use of your Membership; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder. 

VIII. DISCLAIMERS     YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. Community Clay, LLC DISCLAIMS ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED. 

IX. LIMITATION ON LIABILITY 

A. UNDER NO CIRCUMSTANCES SHALL Community Clay, LLC, AND ITS  EMPLOYEES, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO  STOP USING THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS  RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE  WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN  CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITE. 

  B. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,  IN NO  EVENT SHALL THE CUMULATIVE LIABILITY OF Community Clay, LLC, AND ITS  EMPLOYEES, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY Community Clay, LLC DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100.  

C. In some jurisdictions limitations of liability are not permitted. In such jurisdictions,  some of the foregoing limitations may not apply to you. These limitations shall apply to  the fullest extent permitted by law. 

X.  TERMINATION 

A. We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your access to the Website for any reason including, without limitation if you have failed to comply with the letter and  spirit of these Terms of Use. You agree that Community Clay, LLC, shall not be liable to you or any third party for any termination or suspension of your Membership or for blocking your access to the Website. 

B. If you become a registered user, you may terminate your Membership at  any time by sending an e-mail to communityclaydenver@gmail.com. 

C. Any suspension or termination shall not affect your obligations to us under  these Terms of Use. The provisions of these Terms of Use which by their nature  should  survive the suspension or termination of your Membership or these Terms of Use shall  survive including, but not limited to the rights and licenses that you have granted  hereunder, indemnities, releases, disclaimers, limitations on liability, and provisions  related to choice of law, 

XI. CHOICE OF LAW These Terms of Use shall be construed in accordance with the laws of the State of Colorado without regard to its conflict of laws rules. 

XII. AMENDMENT; ADDITIONAL TERMS    A. We reserve the right in our sole discretion and at any time and for any reason, to  modify or discontinue any aspect or feature of the Website or to modify these Terms of  Use. In addition, we reserve the right to provide you with operating rules or Additional  Terms that may govern your use of the Website generally, unique parts of the Website,  or both (Additional Terms). Any Additional Terms that we may provide to you will be  incorporated by reference into these Terms of Use. To the extent any Additional Terms  conflict with these Terms of Use, the Additional Terms will control. 

B.  Modifications to these Terms of Use or Additional Terms will be effective  immediately upon notice, either by posting on the Website or by notification by email or  conventional mail. It is your responsibility to review the Terms of Use and the Website  from time to time for any changes or Additional Terms. Your access and use of any the  Website following any modification of these Terms of Use or the provision of  Additional Terms will signify your assent to and acceptance of the same. If you object to  any subsequent revision to the Terms of Use or to any Additional Terms, you may  terminate your Membership as provided in Section X herein or, if you do not have  an Membership, your only recourse is to immediately discontinue use of the Website. 

XIII. MISCELLANEOUS    A. Any delay or failure on the part of us to exercise or enforce any rights under  these Terms of Use to which we may be entitled shall not, in any event, be construed as  a waiver of the right and privilege to do so at any subsequent time. You irrevocably  agree that you waive any and all rights to injunctive or other equitable relief. The section  headings used herein are for convenience only and shall not be given any legal import. If  any provision of these Terms of Use is held  to be invalid or unenforceable, the invalidity  of such provision shall not affect the  validity of the remaining provisions of the Terms of  Use, which shall remain in full force and effect. 

B. These Terms of Use (including the Privacy Policy and any Additional Terms  incorporated by reference) constitute the entire agreement of the parties with respect to  the subject matter hereof, and supersede all previous written or oral agreements  between us with respect to such subject matter. 

C. You may not assign these Terms of Use or assign any rights or delegate  any  obligations hereunder, in whole or in part, without our prior written consent. Any such  purported assignment or delegation by you without the appropriate prior written consent  will be null and void and of no force and effect. 

XIV. PRIVACY STATEMENT

A. When accessing our Website, Community Clay, LLC will learn certain information about you during your visit. How we will handle information we learn about you depends upon what you do when visiting our site. If you visit our site to read or download information on our pages, we collect and store only the following information about you: 

1.  The name of the domain from which you access the Internet;

2.  The date and time you access our site; and

3.  The Internet address of the Web site you used to link directly to our     site.

B. If you identify yourself by sending us an e-mail containing personal information, then the information collected will be solely used to respond to your message. The information collected is for statistical purposes. Community Clay, LLC uses software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas.

C. For site security purposes and to ensure that this service remains  available to all  users, Community Clay, LLC uses software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. Community Clay, LLC will not obtain personally-identifying information about you when you visit our site, unless you choose to provide such information to us, nor will such information be sold or otherwise transferred to unaffiliated third parties without the approval of the user at the time of collection.

D. California Privacy Rights     Residents of the State of California, under certain provisions of the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed certain personally identifiable information as defined under California law during the preceding year for third party direct marketing purposes. You are limited to one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. You may request the information in writing at: Community Clay, LLC, 2625 E 12th Ave., Denver, CO 80206, communityclaydenver@gmail.com.

 E. Third Party Ad Server Networks     The Website may use third parties such as network advertisers to serve advertisements  on the Website and may use traffic measurement services to analyze traffic on the  Website. Network advertisers are third parties that display advertisements based on your  visits to the Website and other Websites you have visited. Third-party ad serving  enables us to target advertisements to you for products and services in which you might  be interested. The Website's third party ad network providers, the advertisers, the  sponsors and/or traffic measurement services may themselves set and access their own  cookies on your computer if you choose to have cookies enabled in your browser and  track certain behavioral information regarding users of your computer via a Device  Identifier. These third party cookies are set to, among other things: (a) help deliver  advertisements to you that you might be interested in; (b) prevent you from seeing the  same advertisements too many times; and (c) understand the usefulness to you of the  advertisements that have been delivered to you. Note that any images (or any other  parts of a web page) served by third parties in association with third party cookies may  serve as web beacons, which enable third parties to carry out the previously described  activities. Third party cookies and web beacons are governed by each third party's  specific privacy policy, not this one. 

F. Public Forums     We may offer chat rooms, message boards, bulletin boards, or similar public forums  where you and other users of our Website can communicate. The  protections described  in this Privacy Policy do not apply when you provide information (including personal  information) in connection with your use of these public forums. We may use personally  identifiable and non-personal information about you to identify you with a posting in a  public forum. Any information you share in a public forum is public information and may  be seen or collected by anyone, including third parties that do not adhere to our Privacy  Policy. We are not responsible for events arising from the distribution of any  information you choose to publicly post or share through our Website. 

G.  Keeping Your Information Secure   We have implemented security measures we consider reasonable and appropriate to  protect against the loss, misuse and alteration of the information under our control.  Please be advised, however, that while we strive to protect your personally identifiable  information and privacy, we cannot guarantee or warrant the security of any information  you disclose or transmit to us online and are not responsible for the theft, destruction, or  inadvertent disclosure of your personally identifiable information. In the unfortunate  event that your "personally identifiable information" (as the term or similar terms are  defined by any applicable law requiring notice upon a security breach) is compromised,  we may notify you by e-mail (at our sole and absolute discretion) to the last e-mail  address you have provided us in the most expedient time reasonable under the  circumstances; provided, however, delays in notification may occur while we take  necessary measures to determine the scope of the breach and restore reasonable  integrity to the system as well as for the legitimate needs of law enforcement if  notification would impede a criminal investigation. From time to time we evaluate new   technology for protecting information, and when appropriate, we upgrade our information  security systems. 

H. Other Sites; Links     Our Website may link to or contain links to other third party Websites that  we do  not control or maintain, such as in connection with purchasing products referenced on  our Website and banner advertisements. We are not responsible for the privacy  practices employed by any third party Website. We encourage you to note when you  leave our Website and to read the privacy statements of all third party Websites before  submitting any personally identifiable information. 

I.  Contact and Opt-Out Information      You may contact us as at communityclaydenver@gmail.com if: (a) you have questions or comments about our Privacy Policy; (b) wish to make corrections to any personally identifiable information you have provided; (c) want to opt-out from receiving future commercial correspondence, including emails, from us or our affiliated companies; or (d) wish to withdraw your consent to sharing your personally identifiable information with others. We will respond to your request and, if applicable and appropriate, make the requested change in our active databases as soon as reasonably practicable. Please note that we may not be able to fulfill certain requests while allowing you access to certain benefits and features of our Website. 

J. Sole Statement    This Privacy Policy as posted on this Website is the sole statement of our  privacy policy  with respect to this Website, and no summary, modification, restatement or other version  thereof, or other privacy statement or policy, in any  form, is valid unless we post a new  or revised policy to the Website.

[ ]  I AGREE TO THE ABOVE TERMS OF USE AND PRIVACY POLICY
 


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