Website Terms and Conditions of Use

Your access and use of this website owned by the Magnolia Society, Inc., also known as “Magnolia Society International” (the “Website”) constitutes your acknowledgement, acceptance and agreement to the terms and conditions set forth below, and to any other terms and conditions contained or referenced in this Website (collectively, the “Agreement”), as well as Magnolia Society International’s Website Privacy Policy located at www.magnoliasociety.org/PrivacyPolicy. You are not authorized to access and use this Website if you do not agree to this Agreement and the Privacy Policy. Any purchases made through this Website are also subject to our Purchasing and Returning Guidelines at www.magnoliasociety.org/Purchasing.

Content; Registration.

This Website, including without limitation, any information, software, photographs, images, video, audio, graphics, logos, marks, maps or text on the Website (“Content”), and all patent, copyright, trademark, trade dress, domain name and other rights (“Intellectual Property”) therein, whether now existing or hereafter coming into existence, are the sole property of Magnolia Society International and its third party providers. Your use of the Website and Content is further subject to and conditioned upon your compliance with all applicable Intellectual Property laws and any additional restrictions set forth herein and on the Website. If you provide any comments, or other Content to Magnolia Society International through the Website, you hereby grant Magnolia Society International a perpetual, worldwide, irrevocable, sublicensable license to use, copy, modify, translate, create derivative works from, publish and display it in whole or in part.

When you purchase an item, donate or become a member via our Website, we ask for your name, mailing address and your charge card data. These are minimal data required by your credit card company to process your transaction. This information will be handled in accordance with our Privacy Policy. You may also be required to register with the Website or one of our service providers and to select a username and/or password. You agree that you will be responsible for maintaining your password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. You agree to immediately notify us in the event that (i) your password is lost or stolen, or (ii) you become aware of any unauthorized use of your password or of any other breach of security that might affect the MagnoliaSociety.org Services. Magnolia Society International is not responsible for any loss or damage arising from your failure to comply with the provisions of this section. Only authorized users are eligible to participate in certain services offered on the Website.

Your Limited Usage Rights.

You may view and print the Content on the Website for any legitimate personal purpose. You may also download a single, unaltered, permanent copy or one temporary copy in a single computer’s memory of any Content for your personal, non-commercial use only, provided you keep intact all trademark, copyright and other proprietary notices. All rights not expressly granted herein are reserved and nothing contained herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Content other than as set forth herein.

Restrictions.

You do not have the right to sell, license, rent, modify, print, copy, reproduce, download, transmit, distribute, disseminate, publicly display, publicly perform, publish, edit, adapt, compile or create databases, directories or other derivative works from any Content unless we and/or our applicable third party providers give you prior written permission or to the extent that you can prove that the foregoing constitutes fair use under United States copyright laws. Requests for such permission regarding Magnolia Society International Content must be in writing and be sent by mail or e-mail to the copyright agent set forth below.

You may not use the Website or any of our service providers’ websites or technology for any unlawful purpose or in any manner that could damage, disable, overburden or impair any Magnolia Society International server, or the network(s) connected to them, or interfere with any other party’s use and enjoyment of this Website. You may not attempt to gain unauthorized access to this Website or the website or software of our third party service providers or any customer accounts through hacking or other means. You agree that you will not use any data mining tools, robots or similar data gathering or extracting tools in connection with the Website, nor will you violate any applicable local, state, national or international law or regulation.

You may not upload, post, email, link to or otherwise use the Website to impersonate or harm others or transmit or store any content that: (i) infringes any patent, copyright, trademark, publicity, privacy or other proprietary rights of any party or person; (ii) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, sexually graphic, invasive of another's privacy or hateful; (iii) victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of race, ethnicity, gender, religion, sexual orientation, age or disability; (iv) contains unsolicited or unauthorized advertising, promotional materials, "spam," "chain letters" or any other form of solicitation not approved in advance by Magnolia Society International.

Website Links and Information.

For your convenience, Magnolia Society International may provide links on this Website to certain other websites developed or maintained by third parties. Any content you access and view through such link is not under Magnolia Society International’s control and Magnolia Society International has not reviewed it or the privacy policy of any such third party website. By providing the link thereto, Magnolia Society International is not recommending or endorsing any goods, services, advice or information described on those websites. Magnolia Society International shall have no liability for the content of such websites, including, without limitation, their accuracy, subject matter, quality, or the use of any personal information you provide to any such website. Use of such links is entirely at your own risk.

Any and all caching, hypertext linking to the Magnolia Society International Website or framing of any Content is prohibited without Magnolia Society International’s prior consent. Magnolia Society International reserves the right to disable any unauthorized links or frames.

Advertisements and Promotions.

Magnolia Society International may run advertisements and promotions from third parties on the Website. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Magnolia Society International, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Magnolia Society International is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Website. Any contests or promotions sponsored by Magnolia Society International itself are subject to the rules and terms and conditions provided by Magnolia Society International at the time of such contest or promotion.

Educational Purposes; No Sponsorship or Endorsement.

The Content on this Website and in any publications offered through it is being provided for informational and/or educational purposes only without regard to any particular user’s situation. Moreover, any opinions, advice, statements, services, offers, or other information or other Content expressed or made available on or through the Website by parties other than Magnolia Society International, are those of the respective author(s) or distributor(s) and not of Magnolia Society International. It is your responsibility to evaluate the accuracy, completeness or usefulness of the foregoing. Similarly, Magnolia Society International may provide names and information regarding suppliers of magnolias, publications about magnolias or related materials. Doing so does not constitute an endorsement of any of the foregoing unless otherwise expressly stated on the Website.

Disclaimer of Warranty.

MAGNOLIA SOCIETY INTERNATIONAL, ANY THIRD PARTY PROVIDERS, AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, TRUSTEES, EMPLOYEES AND AGENTS DO NOT MAKE ANY REPRESENTATIONS AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIM WITH RESPECT TO THIS WEBSITE AND THE CONTENT AND ANY PRODUCTS PURCHASED THROUGH THE WEBSITE, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE REGARDING ACCURACY, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY REPRESENTATIONS OR WARRANTIES ARISING FROM USAGE OR CUSTOM OR TRADE OR BY OPERATION OF LAW.

Limitation of Liability; Exclusion of Damages.

TO THE FULLEST EXTENT PERMITTED BY LAW:

MAGNOLIA SOCIETY INTERNATIONAL’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES ARISING OUT OF OR RELATING TO THE WEBSITE, ITS CONTENT OR ANY PRODUCTS PURCHASED THROUGH THE WEBSITE SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO MAGNOLIA SOCIETY INTERNATIONAL IN CONNECTION WITH YOUR USE OF THE WEBSITE DURING THE SIX MONTHS PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE.

IN NO EVENT SHALL MAGNOLIA SOCIETY INTERNATIONAL OR ANY THIRD PARTY PROVIDER OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO ANYONE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA, CAUSED IN WHOLE OR IN PART IN RELATION TO THIS WEBSITE, YOUR USE OF IT, OR INABILITY TO USE IT, ITS CONTENT, OR ANY PRODUCTS PURCHASED THROUGH THIS WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES .

Some jurisdictions do not allow excluding or limiting implied warranties, or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you.

Your Indemnity.

You agree to indemnify and hold harmless Magnolia Society International and its affiliates and their officers, directors, trustees, employees, service providers and agents from any and all claims and losses imposed on, incurred by or asserted as a result of or related to your noncompliance with this Agreement.

Procedure for Copyright Infringement Claims.

If you believe that your copyrighted work has been copied and is accessible on this Website in a way that constitutes copyright infringement, please provide the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyright 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 us to locate the material (including the specific Web page address on this Website);
  • Information reasonably sufficient to permit us to contact the complaining party;
  • 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.

For copyright inquiries under the Digital Millennium Copyright Act please contact:

Beth Edward, Secretary, Magnolia Society International
3000 Henneberry Rd
Jamesville, NY 13078-9640
USA
Phone 315-677-7813

Governing Law and Venue.

This Agreement shall be governed by the laws of the State of Illinois, without regard to any principles of conflicts of law. You agree that any legal action arising out of or relating to this Agreement will be filed only in the state or federal courts located in Franklin County, IL, that you irrevocably consent and submit to the exclusive personal jurisdiction of those courts for the purpose of litigating any such action; and that you waive any jurisdictional, venue or inconvenient forum objections to such court.

Magnolia Society International makes no representation that materials on our Website are appropriate or available for use in any particular jurisdiction. Use of our Website is unauthorized in any jurisdiction where all or any portion of our Website may violate any legal requirements and you agree not to access our Website in any such jurisdiction. You are responsible for compliance with applicable laws.

Entire Agreement; Severability; Waiver.

This Agreement, the Privacy Policy and the Purchasing and Returning Guidelines constitute the entire agreement between you and Magnolia Society International relating to the use of the Website. Additional terms and conditions may apply when you use any third party Content or access any linked websites. If a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, such decision shall not affect the validity or enforceability of the Agreement or any of the remaining provisions and this Agreement shall be construed by adding a valid provision which effectuates the intent of the invalid provision as nearly as lawfully possible. The waiver by Magnolia Society International of any right, claim, default or breach of this Agreement will not constitute a waiver of any other or subsequent right, claim, default or breach.

Modifications.

Magnolia Society International may change or discontinue any aspect, feature or service on the Website at any time, including, without limitation, content, hours of availability and equipment needed for access or use, and your account. Magnolia Society International may also modify this Agreement at any time, in its sole discretion. All modifications to this Agreement will be effective immediately upon our posting of the modifications on this Website, and you are responsible for reviewing this Agreement each time you access this Website so that you are aware of such modifications. This Agreement was last modified on June 17, 2012.

 
 

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