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1.
Scope
of
terms
and
conditions
of
use
These
terms
and
conditions
apply
to
your
use
of
all
of
the
sites
and
services
owned
or
operated
by
CragStone,
and
affiliated
companies
(collectively
"CragStone,"
or
"we,"
"us,"
or
"our"),
including
CragStone.com,
or
any
other
site
that
we
have
owned
or
operated,
do
own
and
operate
or
may
own
or
operate
in
the
future
(collectively,
the
"CragStone
sites”).
Unless
we
say
otherwise,
all
references
to
the
CragStone
sites
in
these
terms
and
conditions
include
all
such
sites.
These
terms
and
conditions
do
not
apply
to
your
use
of
unaffiliated
sites
to
which
any
of
the
CragStone
sites
only
links.
Please
read
the
following
terms
and
conditions
relating
to
your
use
of
this
site
carefully.
By
checking
your
acceptance
of
the
terms
and
conditions,
or
by
using
this
site,
you
are
deemed
to
have
agreed
to
these
terms
and
conditions
of
use.
We
reserve
the
right
to
modify
them
at
any
time.
You
should
check
these
terms
and
conditions
periodically
for
changes.
By
using
this
site
after
we
post
any
changes
to
these
terms
and
conditions,
you
agree
to
accept
those
changes,
whether
or
not
you
have
reviewed
them.
If
at
any
time
you
choose
not
to
accept
these
terms
and
conditions
of
use,
please
do
not
use
this
site.
2.
General
These
terms
and
conditions
apply
only
to
the
CragStone
sites,
and
not
to
the
sites
of
any
other
companies
or
organizations,
including
those
to
which
any
of
the
CragStone
sites
may
link.
We
are
not
responsible
for
the
availability
of
any
other
site
to
which
any
of
the
CragStone
sites
links.
We
do
not
endorse
or
take
responsibility
for
the
contents,
advertising,
products
or
other
materials
made
available
through
any
other
site.
Under
no
circumstances
will
we
be
held
responsible
or
liable,
directly
or
indirectly,
for
any
loss
or
damage
that
is
caused
or
alleged
to
have
been
caused
to
you
in
connection
with
your
use
of,
or
reliance
on,
any
content,
goods
or
services
available
on
any
other
site.
You
should
direct
any
concerns
to
that
site's
administrator
or
webmaster.
2.1
Links
CragStone.com
contains
links
to
third-party
Web
sites.
We
do
not
control,
investigate,
monitor
or
check
such
Web
sites,
nor
are
we
responsible
for
the
computer
programs
available
from,
content
in
or
opinions
expressed
at
such
Web
sites.
We
provide
such
third-party
links
as a
convenience
to
visitors
of
the
site,
and
the
inclusion
of a
link
does
not
imply
approval
or
endorsement
of
the
linked
site
by
us.
If
you
decide
to
leave
the
site
and
access
any
third-party
Web
site,
you
do
so
at
your
own
risk.
CragStone
makes
no
representation
whatsoever
about
any
other
website
which
you
may
access
through
CragStone.com.
You
understand
that
when
you
access
a
non-CragStone
website
through
CragStone.com,
including
any
customer
portfolio
site,
it
is
independent
from
CragStone.
CragStone
acts
as a
passive
conduit
for
the
unfiltered
online
distribution
and
publication
of
content
and
does
not
attempt
to
control
the
content
that
you
shall
receive
or
view.
By
its
very
nature,
other
people's
content
may
be
offensive,
harmful
or
inaccurate,
and
in
some
cases,
may
be
mislabeled
or
deceptive.
CragStone
disclaims
control
over
or
responsibility
or
liability
for
the
content
on
any
other
person's
website
posted
or
distributed
on
or
through
the
CragStone
sites.
2.2
Restrictions
on
use
of
materials
You
may
not
modify,
copy,
publish,
display,
transmit,
adapt
or
in
any
way
exploit
the
contents
of
CragStone
sites.
Only
if
you
obtain
prior
written
consent
from
us –
and
from
all
other
entities
with
an
interest
in
the
relevant
intellectual
property
–
may
you
publish,
display
or
commercially
exploit
any
material
from
the
CragStone
sites.
To
seek
our
permission,
you
may
email
us
at
permissions@CragStone.com.
If
permission
is
granted
by
us
and
by
all
other
entities
with
an
interest
in
the
relevant
intellectual
property,
you
may
not
change
or
delete
any
author
attribution,
trademark,
legend
or
copyright
notice.
You
must
abide
by
all
additional
copyright
notices
or
other
restrictions
contained
in
any
CragStone
sites
and
any
linked
sites.
3
Contracts
By
clicking
on
an
"accept"
or
similar
button
on a
CragStone
site,
you
acknowledge
that
you
have
read,
accepted
and
agreed
to
be
bound
by
the
terms
of
this
agreement
with
the
same
force
and
effect
as
if
this
agreement
were
set
forth
in a
written
document
that
had
been
duly
signed
and
physically
delivered
by
you
and
CragStone,
and
this
agreement
becomes
effective
when
you
do
so.
You
represent
and
warrant
to
and
agree
with
CragStone
as
follows:
The
information
you
provide
as
part
of
the
purchase
process
or
otherwise
shall
be,
at
the
time
provided,
accurate
and
complete.
You
have
carefully
read
this
agreement.
CragStone
reserves
the
right
to
refuse
any
customer,
advertiser
or
advertisement.
3.1
Basic
Ordering
Agreement
Basic
Ordering
Agreement
(BOA)
This
Basic
Ordering
Agreement
is
made
and
entered
into
effective
on
the
below
signed
date
by
and
between
CragStone
(Consultant)
with
its
principal
place
of
business
at
3717
North
Wayne
Avenue,
Suite
200,
Chicago,
IL
60613.
In
this
Agreement,
the
party
who
is
contracting
to
receive
services
shall
be
referred
to
as
"Client",
and
the
party
who
will
be
providing
the
services
shall
be
referred
to
as
"Consultant".
Consultant
has
a
background
in
required
services
and
is
willing
to
provide
services
to
Client
based
on
this
background.
Client
desires
to
have
services
provided
by
Consultant.
Therefore,
the
parties
agree
as
follows:
1.
DESCRIPTION
OF
SERVICES.
Consultant
will
provide
the
following
services
(collectively,
the
"Services"):
Technical,
Programming,
Creative
Design
and
Consulting
on
technical
and
business
concerns
surrounding
Client's
business.
a.)
SCOPE
OF
WORK
All
Work
Orders
placed
hereunder
shall
reference
the
number
of
this
BOA
(Agreement
No.)
and
have
assigned
a
Work
Order
number
for
reference
to
work
being
performed
in
accordance
to
work
matching
the
description
of
the
assigned
Work
Order.
Two
types
of
“Work
Order”
and
one
"Change
Order"
are
to
be
used
as
the
guiding
instruments
in
performing
work
under
this
Agreement.
The
Work
Orders
are
named
and
described
as
follows:
a)
"Project
Work
Order"
- A
written
request
for
specific
assignments
of
work
to
be
performed
by
Consultant
as
identified
by
an
assigned
Work
Order
number;
the
original
contract
and
scope
of
work.
(i)
"Change
Order"
- A
written
request
that
alters
the
Project
Work
Order
through
modifications
or
adjustments
of
specific
issues
being
addressed.
Project
Work
Order
areas
not
modified
remain
the
same
as
in
the
original
order.
Changes
will
also
systematically
alter
the
estimate
of
time
and
fees
accordingly.
Finished,
revised
and
approved
document
will
become
the
effective
"Project
Work
Order."
b)
"Spot
Work
Order"
- A
standing
order
that
allows
a
Client
to
request
work
outside
of
the
scope
of
the
current
Project
Work
Order
in
process.
This
type
of
Work
Order
allows
Consultant
to
channel
Client
requests
for
small
amounts
of
time.
Appropriate
uses
for
a
Spot
Work
Order
include
non-project-specific
Client
requests
such
as
research
on a
subject,
review
of
materials,
general
advisement
or
phone
conferences,
and
other
related
requests
that
are
outside
of
the
ongoing
specific
Project
Work
Order(s)
in
place.
The
Consultant
agrees
to
perform
the
work
as
defined
by
the
Project
Work
Order
during
the
term
of
this
Agreement.
The
Consultant's
obligation
to
the
Client
shall
become
effective
upon
acceptance
of
particular
Work
Orders
and
Change
Orders
issued
under
the
Agreement.
Each
Work
Order
will
include
the
following
information
from
Client:
a)
Detailed
description
of
the
work
to
be
performed
b)
Requested
dates
for
completion
c)
Key
Client
contact
person(s)
for
completion
of
the
Work
Order
and
sign-off
authorization
on
completed
work
phases.
d)
Time
lines
with
the
deliverables
required
from
both
parties
and
the
order
in
which
deliverables
must
be
received
in
order
to
continue
Work
Order
job
flow.
e)
Approved
time
and
monetary
budget
for
work
f)
The
original
Work
Order
number
g)
Hourly
rate
for
classification
of
work
being
performed
Consultant
will
collaborate
with
Client
on
the
revision
of
final
Project
Work
Order
and
seek
approval
signature
of
Client
before
work
begins.
b.)
TRANSFER
OF
MATERIALS
AND
INFORMATION
Consultant
assumes
all
material
and
information
provided
by
Client
to
be
qualified
as
accurate
and
that
Client
has
the
legal
rights
to
transfer
and
does
transfer
such
rights
of
use
to
Consultant.
Consultant
does
not
actively
monitor,
verify,
endorse
or
otherwise
vouch
for
Client
provided
materials
and
information.
2.
FEES
AND
PAYMENT.
Fees
and
payments
are
determined
on a
Work
Order
basis.
Upon
termination
of
this
Agreement,
payments
under
this
paragraph
shall
cease;
excepting,
however,
that
Consultant
shall
be
entitled
to
payments
for
periods
or
partial
periods
that
occurred
prior
to
the
date
of
termination
and
for
which
Consultant
has
not
yet
been
paid.
3.
EXPENSE
REIMBURSEMENT.
Client
shall
pay
all
"out-of-pocket"
expenses
as
they
relate
to
the
project
through
specific
Work
Orders.
Such
expenses
will
be
due
upon
receipt
on a
monthly
basis.
Typical
expenses
will
include
travel
and
hotel
as
well
as
pre-approved
expenditures
necessary
for
the
progression
and
completion
of
project(s).
4.
NEW
PROJECT
APPROVAL.
Consultant
and
Client
recognize
that
Consultant's
Services
may
include
working
on
various
projects
for
Client.
It
shall
be
construed
that
Consultant
has
approval
to
begin
project
work
when
presented
with
appropriate
and
required
signed
Work
Order
prior
to
the
start
of a
project.
5.
TERM/TERMINATION.
This
Agreement
shall
remain
in
force
until
such
time
as
there
is
proper
termination
by
either
Consultant
or
Client.
Such
proper
termination
shall
consist
of
written
notice
by
either
party
to
the
other
party
informing
them
of
the
desire
to
terminate
the
specific
Work
Order
in
force
at
the
time.
Additional
notification
will
be
required
to
also
terminate
the
BASIC
ORDERING
AGREEMENT
(BOA)
which
is
the
governing
document
to
this
contract.
6.
RELATIONSHIP
OF
PARTIES.
It
is
understood
by
the
parties
that
Consultant
is
an
independent
contractor
with
respect
to
the
work
being
performed,
and
not
an
employee
of
Client.
Client
will
not
provide
fringe
benefits,
including
health
insurance
benefits,
paid
vacation,
or
any
other
employee
benefit,
for
the
benefit
of
Consultant.
7.
EMPLOYEES.
Consultant's
employees,
if
any,
who
perform
services
for
Client
under
this
Agreement
shall
also
be
bound
by
the
provisions
of
this
Agreement.
At
the
request
of
Client,
Consultant
shall
provide
adequate
evidence
that
such
persons
are
Consultant's
employees.
8.
INDEMNIFICATION.
Client
agrees
to
indemnify
and
hold
Consultant
harmless
from
all
claims,
losses,
expenses,
fees
including
attorney
fees,
costs,
and
judgments
that
may
be
asserted
against
Consultant
that
result
from
the
acts
or
omissions
of
Client,
Consultant,
Consultant's
employees,
or
Contractors
if
any.
9.
INTELLECTUAL
PROPERTY.
The
following
provisions
shall
apply
with
respect
to
copyrightable
works,
ideas,
discoveries,
inventions,
applications
for
patents,
and
issued
patents
(collectively,
"Intellectual
Property"):
a.
Intellectual
Property
developed
under
contract.
All
finalized
deliverables
provided
by
Consultant
under
this
Agreement
shall,
to
the
extent
permitted
under
the
United
States
Copyright
ct,
be
deemed
a
"work
made
for
hire."
Client
will
have
the
rights
to
use
any
finished
deliverables
in
their
finalized
form.
Source
documents,
such
as
program
source
code,
Photoshop
files
(.psd),
Macromedia
Flash
source
files
(.fla),
or
otherwise
shall
remain
the
sole
property
of
Consultant
unless
specified
in
approved
Work
Order.
b.
Intellectual
Property
developed
outside
of
contract.
Any
intellectual
property
developed
by
Consultant
or
Client
outside
of
this
contract
will
remain
the
property
of
the
developing
parties
with
no
claims
made
by
the
other
for
ownership.
10.
CONFIDENTIALITY
AND
DISCLOSURE.
Client
recognizes
that
Consultant
has
and
will
have
the
following
information:
Information
considered
proprietary
relating
to
Client's
product
either
through
business
or
technology
means
and
other
proprietary
information
(collectively,
"Information")
which
are
valuable,
special
and
unique
assets
of
Client
and
need
to
be
protected
from
improper
disclosure.
In
consideration
for
the
disclosure
of
the
Information,
Consultant
agrees
that
Consultant
will
not
at
any
time
or
in
any
manner,
either
directly
or
indirectly,
use
any
Information
for
Consultant's
own
benefit,
or
divulge,
disclose,
or
communicate
in
any
manner
any
Information
to
any
third
party
without
the
prior
written
consent
of
Client.
Consultant
will
protect
the
Information
and
treat
it
as
strictly
confidential.
A
violation
of
this
paragraph
shall
be a
material
violation
of
this
Agreement.
Furthermore,
for
purposes
of
this
Agreement,
confidential
information
shall
be
defined
to
exclude
information
in
the
public
domain,
information
in
the
possession
of
the
Consultant
prior
to
this
Agreement,
information
that
becomes
public
domain
by
no
action
of
the
Consultant,
and
information
obvious
to a
person
skilled
in
the
art.
Consultant
may
use
Client's
confidential
information
only
for
the
purposes
of
rendering
the
services
to
Client
as
outlined
in
this
Agreement.
Unless
otherwise
agreed
to
in
writing,
between
the
parties
to
this
Agreement,
Consultant
shall
not:
reproduce,
copy,
divulge
or
use
any
confidential
information
to
be
produced,
copied,
duplicated,
divulged,
or
used,
except
as
expressly
permitted
above.
11.
UNAUTHORIZED
DISCLOSURE
OF
INFORMATION.
If
it
appears
that
Consultant
has
disclosed
(or
has
threatened
to
disclose)
Information
in
violation
of
this
Agreement,
Client
shall
be
entitled
to
an
injunction
to
restrain
Consultant
from
disclosing,
in
whole
or
in
part,
such
Information,
or
from
providing
any
services
to
any
party
to
whom
such
Information
has
been
disclosed
or
may
be
disclosed.
Client
shall
not
be
prohibited
by
this
provision
from
pursuing
other
remedies,
including
a
claim
for
losses
and
damages.
12.
CONFIDENTIALITY
AFTER
TERMINATION.
The
confidentiality
provisions
of
this
Agreement
shall
remain
in
full
force
and
effect
after
the
termination
of
this
Agreement.
13.
RETURN
OF
RECORDS.
Upon
termination
of
this
Agreement,
Consultant
and
Client
shall
deliver
to
each
other
all
records,
notes,
data,
memoranda,
models,
and
equipment
of
any
nature
that
are
in
Consultant's
or
Client's
possession
or
under
Consultant's
or
Client's
control
and
that
are
Client's
or
Consultant's
property
or
relate
to
Client's
or
Consultant's
business.
14.
WARRANTIES.
a.
WARRANTY
AGAINST
MATERIAL
DEFECTS.
For
the
period
from
delivery
to
Client
acceptance,
Consultant
warrants
deliverables
free
from
errors
and
defects
and
to
materially
conform
to
the
specifications
set
forth
in
the
Work
Order.
If,
during
the
term
of
this
warranty,
the
Client
reasonably
determines
that
the
deliverables
fail
to
perform
as
specified,
Consultants
will
make
available
resource
to
remedy
any
defects
at
rates
established
in
the
Work
Order.
The
warranty
contained
in
this
Agreement
will
be
null
and
void
if
the
Client
fails
to
use
deliverables
in
accordance
with
intent
or
specifications.
b.
WARRANTY
OF
GOOD
TITLE.
If
intellectual
property
is
transferred,
Consultant
warrants
that
it
has
the
right
to
transfer
good
and
legal
title
to
Client.
The
Consultant
represents
that
it
will
not
knowingly
infringe
upon
proprietary
rights
of
any
third
party.
c.
WARRANTY
DISCLAIMER.
Except
as
expressly
set
forth
in
this
Agreement
or a
Work
Order,
the
Consultant
makes
no
other
warranty
with
respect
to
this
Agreement
or
in
any
performance
hereunder,
express
or
implied,
and
the
Consultant
expressly
disclaims
the
implied
warranties
of
merchantability
and
fitness
for
a
particular
purpose.
15.
FORCE
MAJEURE.
Neither
party
to
this
Agreement
shall
be
liable
for
failure
to
perform
or
delay
in
performance
of
any
of
its
obligations
under
this
Agreement
(except
payments
already
due
and
owing)
where
such
failure
or
delay
results
from
the
act
of
God,
military
operation,
national
emergency,
civil
commotion,
or
utility,
or
the
order,
requisition,
request
or
recommendation
of
any
government
agency
or
acting
government
authority,
or
any
party's
compliance
therewith,
or
government
probation,
regulation,
or
priority,
or
any
change
in
laws
or
regulations
which
prevent
any
party
from
providing
services
required
by
this
Agreement,
or
any
other
cause
beyond
any
party's
reasonable
control
whether
similar
or
dissimilar
to
the
foregoing
causes.
16.
NOTICES.
All
notices
required
or
permitted
under
this
Agreement
shall
be
in
writing
and
shall
be
deemed
delivered
when
delivered
in
person
or
deposited
in
the
United
States
mail,
postage
prepaid,
addressed
as
follows:
IF
for
Client:
CLIENT
ADDRESS
IF
for
Consultant:
David
M.
Terry,
Account
Manager
CragStone
3717
North
Wayne
Avenue,
Suite
200
Chicago,
IL
60613
Such
address
may
be
changed
from
time
to
time
by
either
party
by
providing
written
notice
to
the
other
in
the
manner
set
forth
above.
17.
ENTIRE
AGREEMENT.
This
Agreement
contains
the
entire
Agreement
of
the
parties
and
there
are
no
other
promises
or
conditions
in
any
other
Agreement
whether
oral
or
written.
This
Agreement
supersedes
any
prior
written
or
oral
Agreements
between
the
parties.
18.
AMENDMENT.
This
Agreement
may
be
modified
or
amended
if
the
amendment
is
made
in
writing
and
is
signed
by
both
parties.
19.
SEVERABILITY.
If
any
provision
of
this
Agreement
shall
be
held
to
be
invalid
or
unenforceable
for
any
reason,
the
remaining
provisions
shall
continue
to
be
valid
and
enforceable.
If a
court
finds
that
any
provision
of
this
Agreement
is
invalid
or
unenforceable,
but
that
by
limiting
such
provision
it
would
become
valid
and
enforceable,
then
such
provision
shall
be
deemed
to
be
written,
construed,
and
enforced
as
so
limited.
20.
WAIVER
OF
CONTRACTUAL
RIGHT.
The
failure
of
either
party
to
enforce
any
provision
of
this
Agreement
shall
not
be
construed
as a
waiver
or
limitation
of
that
party's
right
to
subsequently
enforce
and
compel
strict
compliance
with
every
provision
of
this
Agreement.
21.
APPLICABLE
LAW.
This
Agreement
shall
be
governed
by
the
laws
of
the
State
of
Nevada
and
both
parties
to
this
Agreement
further
agree
to
enter
into
mediation
in
order
to
resolve
any
disputes
that
can
not
be
resolved
through
regular
business
negotiation.
This
mediation
will
be
in
lieu
of
any
legal
court
action
brought
by
either
party.
3.2
Site
content
restrictions
You
grant
to
us a
non-exclusive
license
to
utilize
your
corporate,
service,
domain
and
trade
names
to
advertise,
market,
promote,
and
publicize
the
CragStone
sites.
This
license
shall
terminate
upon
the
effective
date
of
the
termination
of
this
agreement.
You
also
hereby
grant
to
us a
worldwide,
perpetual,
irrevocable,
royalty-free,
sublicenseable
right
to
exercise
all
copyright
and
publicity
rights,
in
any
media
now
known
or
not
currently
known,
with
respect
to
any
content
you
provide
to
CragStone.
You
agree
that
you
are
solely
responsible
for
the
content
on
your
website.
You
agree
that
content
you
distribute
through
your
CragStone.com
website
or
any
of
CragStone’s
resources
shall
not
be
distributed
to
persons
not
legally
permitted
to
receive
such
content,
or
contain
any
virus,
Trojan
horse,
worm,
time
bombs,
cancelbots
or
other
computer
programming
routines
that
are
intended
to
damage,
detrimentally
interfere
with,
surreptitiously
intercept
or
expropriate
any
system,
data
or
personal
information.
You
represent
and
warrant
to
CragStone
that
all
content
you
provide
for
inclusion
in
websites
under
development
is
solely
owned
by
you
or
provided
or
used
by
you
with
the
express
authority
of
the
owners
and
does
not
infringe
upon
any
other
individual's
or
organization's
rights
(including
intellectual
property
rights).
By
submitting
content
to
or
for
use
on
any
CragStone
site,
you
automatically
grant
to
CragStone
a
royalty-free,
perpetual,
irrevocable,
non-exclusive
right
and
license
to
use,
sell,
reproduce,
modify,
adapt,
publish,
translate,
create
derivative
works
from,
distribute,
perform
and
display
such
content
(in
whole
or
part)
worldwide
and
to
incorporate
it
in
other
works
in
any
form,
media,
or
technology;
and
represent
and
warrant
to
CragStone
that
such
content
does
not
contain
any
virus,
trojan
horse,
worm,
time
bomb,
cancelbot
or
other
computer
programming
routines
that
are
intended
to
damage,
detrimentally
interfere
with,
surreptitiously
intercept
or
expropriate
any
system,
data
or
personal
information
3.3
Certain
kinds
of
websites
are
excluded
No
website
in
any
CragStone
site
may
be:
A
warez,
emulator,
hacking
or
phreaking
site.
Nor
may
any
site
be
used
to
discriminate
or
advocate
or
endorse
discrimination
on
the
basis
of
race,
ethnicity,
gender,
religion,
sexual
orientation,
age
or
disability.
No
site
may
be
used
to
post
content
that
is
libelous,
defamatory,
threatening,
harassing,
obscene,
pornographic,
sexually
explicit
or
abusive
or
advocates
or
assists
in
the
use
of
illegal
substances,
sedition
or
illegal
activities
or
to
display
banners
of,
or
links
to,
any
other
website
that
carries
such
content,
used
to
offer
or
as a
marketplace
or
exchange
for
pirated
mp3
files
or
other
pirated
copyrighted
items
or
links
to
such
files
or
items,
or
for
any
purpose
or
in
any
manner
that
infringes
any
third
party's
copyright,
patent,
trademark,
trade
secret
or
other
proprietary
rights
or
rights
of
publicity
or
privacy,
or
used
in
any
way
or
for
any
purpose
that
violates
any
law,
statute,
ordinance
or
regulation
(including
laws
and
regulations
governing
export
control,
unfair
competition,
antidiscrimination
or
false
advertising).
4.
Privacy
Our
privacy
policy
is
located
on
CragStone.com.
Rights
and
responsibilities
with
regard
to
your
personal
information,
however,
are
governed
by
the
following
terms
of
this
policy.
In
the
event
of
any
conflict
or
inconsistency
between
the
following
terms
and
our
posted
privacy
policy,
the
terms
of
the
following
policies
shall
prevail
and
govern.
You
authorize
CragStone
to
disclose
to
third
parties
information
you
have
provided,
or
information
that
CragStone
has
obtained:
(1)
to
agents
of
CragStone
or
its
affiliates,
such
as
independent
auditors,
consultants
or
attorneys;
(2)
to
comply
with
government
agency
or
court
orders
or
requests;
(3)
in
providing
aggregated
and
non-personalized
marketing
services
for
an
advertising
partner.
CragStone
will
not
disclose
personally
identifiable
information
regarding
its
customers
to
any
third
party
without
the
customer’s
explicit
permission,
except
as
may
be
required
by
law
or
action
of a
court
of
competent
jurisdiction.
hat
each
network
merchant
is
solely
responsible
for
its
own
privacy
policies,
if
any,
and
use
and
disclosure
of
the
personal
information
about
you
or
visitors
to
your
website(s)
disclosed
or
made
available
to
them,
and
CragStone
has
no
obligation
or
liability
with
respect
to
such
use
or
disclosure.
CragStone
shall
not
be
responsible
or
liable
for
any
use
or
disclosure
made
by
any
third
party
of
information
used
or
disclosed
as
contemplated
by
these
policies.
4.1
Our
use
or
disclosure
of
information
CragStone
may
disclose
information
about
the
kinds
or
volumes
of
business
and
activities
that
are
conducted
through
CragStone
sites
to
government
agencies
or
officials
or
other
third
parties
if
we
believe
such
disclosure
to
be
required
or
advisable
under
applicable
law
or
regulations.
CragStone
may
send
e-mail
and
off-line
communications
to
you
for
the
purpose
of
administering
and
managing,
or
otherwise
related
to
CragStone
sites,
including
informing
you
of
changes
or
additions
to
CragStone
sites.
CragStone
may
also
send
e-mail
and
off-line
communications
to
you
for
the
purposes
of
new
or
additional
products,
services
or
programs
offered
by
CragStone
or
third
parties
or
otherwise
providing
you
with
information
believed
to
be
of
interest
to
you.
If
you
do
not
want
to
receive
e-mail
or
other
communications
of
this
kind
from
us,
then
you
may
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out"
by
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instructions
for
doing
so
by
sending
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a
written
or
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notice
to
that
effect
which
specifically
states
that
it
is
an
election
to
opt
out
of
receiving
promotional
messages
from
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Any
such
opt
out
for
which
notice
is
properly
given
shall
be
effective
on
the
thirtieth
day
after
its
actual
receipt
by
CragStone.
CragStone
reserves
the
right
to
use
and
disclose
to
third
parties
for
any
purpose
information
about
activities
through
and
usage
of
the
CragStone
sites.
In
the
event
that
CragStone
sells
or
transfers
ownership,
operation
or
control
of
any
or
all
of
the
CragStone
sites
or
engages
any
subcontractor
or
agent
to
operate
any
network
or
provide
any
service
related
to
any
network,
CragStone
reserves
the
right
to
transfer
or
disclose
all
of
its
data
to
the
buyer,
subcontractor
or
agent.
In
addition
to
the
foregoing,
CragStone
may
make
its
database
of
user
information
(including
email
addresses)
available
to
other
persons
for
promotions
of
and
solicitations
for
their
goods
or
services
that
may
be
of
interest
to
the
CragStone
clients.
4.2
Visitors'
communications
Except
where
expressly
provided
otherwise
by
us,
all
comments,
feedback,
information,
or
materials
that
you
submit
through
or
in
association
with
the
CragStone
sites
shall
be
considered
non-confidential.
By
submitting
such
comments,
feedback,
information,
or
materials
to
us:
(1)
You
represent
and
warrant
that
CragStones
use
of
your
submission
does
not
and
will
not
breach
any
agreement,
violate
any
law,
or
infringe
upon
any
third
party's
rights;
(2)
You
represent
and
warrant
that
you
have
all
rights
to
enter
into
this
agreement;
(3)
CragStone
is
free
to
use
in
any
manner
all
or
part
of
the
content
of
any
such
communications
on
an
unrestricted
basis
without
the
obligation
to
notify,
identify
or
compensate
you
or
anyone
else;
and
(4)
You
grant
CragStone
all
necessary
rights,
including
a
waiver
of
all
privacy
and
moral
rights,
to
use
all
comments,
feedback,
information,
or
materials,
in
whole
or
in
part,
or
as a
derivative
work,
without
any
duty
by
CragStone
to
anyone
whatsoever.
4.3
Submissions
CragStone
does
not
accept
unsolicited
ideas,
works,
or
other
materials,
and
you
acknowledge
that
you
are
responsible
for
and
bear
all
risk
as
to
the
use
or
distribution
of
any
such
ideas,
works,
or
materials.
Accordingly,
we
must
ask
that
you
not
send
us
any
original
creative
ideas,
suggestions
or
materials.
If,
despite
our
request,
you
send
us
any
creative
idea,
suggestion
or
material
("submission"),
it
shall
become
our
property.
No
submission
will
be
subject
to
any
obligation
of
confidence
by
us,
and
we
will
not
be
liable
for
any
use
or
disclosure
of
any
submission.
We
will
exclusively
own
all
known
or
later-existing
rights
to
the
submission
worldwide,
and
will
be
entitled
to
the
unrestricted
use
of
the
submission
for
any
purpose,
without
compensation
to
the
provider
of
the
submission.
4.4
Content
you
provide
You
grant
CragStone
a
royalty-free
license
to
use
the
content
that
you
post,
upload,
input
or
submit
in
connection
with
your
use
of
any
CragStone
site
or
any
communication
service,
and
to
publish
your
name
in
connection
with
your
submission.
By
posting
messages,
uploading
files,
inputting
data,
submitting
any
feedback
or
suggestions,
or
engaging
in
any
other
form
of
communication
with
or
through
any
CragStone
site
or
communication
service,
you
represent
and
warrant
to
us
that
you
own
or
otherwise
control
the
rights
necessary
to
do
so
and
to
grant
us
the
license
set
forth
above,
and
you
shall
defend
and
indemnify
us
and
our
suppliers
from
any
third
party
claim
related
to a
breach
of
any
of
the
foregoing
representations
or
warranties.
5.
Miscellaneous
CragStone’s
failure
to
insist
upon
or
enforce
strict
performance
of
any
provision
of
the
agreement
shall
not
be
construed
as a
waiver
of
any
provision
or
right.
Nothing
in
this
agreement
shall
be
construed
as
creating
or
constituting
a
partnership,
joint
venture
or
agency
relationship
between
CragStone
and
any
other
entity.
No
other
entity
shall
have
the
ability
to
create
an
obligation
on
CragStone’s
behalf.
6.
Disclaimers
The
services,
products
and
materials
on
this
site
are
provided
"as
is"
and
without
warranties
of
any
kind,
either
express
or
implied.
We
disclaim
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express
or
implied,
including
but
not
limited
to
implied
warranties
of
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for
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particular
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and
implied
warranties
arising
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of
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or
course
of
performance.
CragStone
does
not
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guarantee,
or
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the
quality
of,
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