Terms & Conditions

Terms and Conditions

The Dragon and Phoenix Software Inc. (“DPS”) and the Virtual Textile Project (“VTP”) Open Access Database (“OADB”) (collectively “Sites”) are owned and/or operated by DPS. This User Agreement (“Agreement”) contains the terms, covenants, conditions, and provisions (the “Terms and Conditions”) upon which you (also referred to herein as “User”) may access and use the Sites and the content displayed on the Sites.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Dragon and Phoenix Software Inc.’s (DPS) terms and conditions. "Dragon and Phoenix Software Inc.", “DPS”, “Virtual Textile Project”, “VTP”, “Open Access Database”, “OADB”, “Ourselves”, “We” and "Us", refers to DPS. “Collection” refers to the owners of the antique or vintage textiles. “Party”, “Parties”, or “Us”, refers to you, ourselves and Collection, or either you, ourselves or Collection.

This Agreement is current as of July 30, 2014.

By accessing, viewing, and using the Sites, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract and equally binding, and that you accept such Terms and Conditions and agree to be legally bound by them. Please note that DPS reserves the right to change the Terms and Conditions under which these Sites and their many offerings are extended to you. Your continued use of the Sites following reasonable notice of such modifications will constitute your acceptance of such changes. You also agree that notices we may provide on the Sites themselves shall be deemed reasonable notice for this purpose.

Grant of License

Subject to the Terms and Conditions and your continued compliance therewith, this Agreement provides you with a personal, revocable, nonexclusive, non-transferable license to use the Sites and the text, graphics, data, information, and other content made available through or from the Sites (collectively, “Content”), including without limitation, Content obtained through widgets, RSS feeds, APIs or other similar means. In furtherance of its mission to provide digital conservancy for antique, vintage and other textiles, the Content may be accessed, printed, displayed, downloaded and distributed for personal, educational, news reporting, or other non-commercial purposes, provided that all copies display copyright and other applicable notices to the extent such notices are contained in such Content and provided further that you do not use the Content in commercial manner. You must also provide proper attribution to the DPS, VTP and Collections in connection with your use of any Content. Any rights not expressly granted herein are reserved.

You may not copy, reproduce, create derivatives of, modify, distribute, broadcast, transmit, publish, license, transfer, sell, or otherwise exploit the Content from the Sites for a fee or for other commercial purposes. If you wish to use any Content for any commercial purpose or any purpose not permitted by this Agreement, please check the Sites for references to the commercial licensing of the Content. Specific inquiries can be made to DPScomm@dragonphoenixsoftware.com. Under no circumstances may the Content be reproduced in principal part, mirrored, catalogued, framed, displayed simultaneously with another site or otherwise republished in its entirety or in principal part without the express written permission of DPS, except to extent such Content is obtained through a widget, RSS feed, or other similar means. You represent and warrant to DPS that you will not use this Site for any purpose that is unlawful or prohibited by these Terms and Conditions, including but not limited to attempting or actually (a) disrupting, impairing or interfering with the Sites; (b) collecting any information about other users of the Sites; or (c) systematically extracting data contained in the Sites to populate databases for internal or external use.

Intellectual Property Rights

All Content, unless otherwise indicated, is protected by law including, but not limited to, United States copyright, trade secret (for password protected areas), and trademark law, as well as other state, national, and international laws and regulations and is owned by DPS, Collections and/or third parties. Except as expressly provided herein, DPS does not grant any express or implied right to you or any other User of the Sites. The Sites may also include the trade and/or service marks of other parties. Such third-party designations may not be used without the prior written permission of their respective owners.

Unless otherwise specified, the Content is © 2014, Dragon and Phoenix Software Inc. All rights reserved. Removing or altering this copyright notice on any Content on the Sites is prohibited. DPS also owns a copyright in the Sites as collective works and/or compilations, and in the selection, coordination, arrangement, and enhancements of the Sites’ Content.

Our logos are registered trademarks of DPS in the United States and other countries. The brand names and specific services of DPS and VTP OADB featured on this web site are trade marked. The names and brands of specific Collections are properties of the specific owners of each Collection.

Privacy Policy

Please see DPS’ Privacy Policy for a summary of DPS’ personal data collection and use practices with respect to the Sites, including the use of third-party services to collect information to monitor the Sites’ performance. By using this Site, you consent to DPS’ collection and use of personal data as outlined therein.

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers.

Assumption of Risk

You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While DPS has endeavoured to create secure and reliable Sites, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, DPS, Collections and their affiliates and all of their employees and representatives are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Sites, or for the consequences of any reliance on such information. DPS shall have no liability for interruptions or omissions in Internet, network or hosting services or any other failure of performance of the Sites. You assume the sole and complete risk of using the Sites.

Links to this Website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this Website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. We will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Third-Party Sites

DPS provides links, in its sole discretion, to other web sites on the Internet for your convenience in locating related information and content, and the Content may be available through third-party sites. These sites have not necessarily been reviewed by DPS and are maintained by third parties over which DPS exercises no control. Accordingly, DPS expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party sites. In addition, such links to, or the display of Content on, such third-party sites does not imply an endorsement of any third party or any website or the products or services provided by any third party.

Events Beyond DPS’ Control

You expressly absolve and release DPS from any claim of harm resulting from a cause beyond its control including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or software failures, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.

DISCLAIMERS

THE SITES AND ALL OF THEIR CONTENT ARE PROVIDED ON AN “AS IS” BASIS AND ARE MADE AVAILABLE WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. DPS MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY AND/OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SITES OR ANY CONTENT. FURTHER, WHILE DPS ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AND MATERIALS AVAILABLE, THE CONTENT ON THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. DPS MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE SITES AND THE CONTENT AT ANY TIME, FOR ANY REASON. DPS MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED ON THE SITES. YOU ASSUME THE SOLE RISK OF MAKING USE OF THE SITES AND THE CONTENT.

UNDER NO CIRCUMSTANCES WILL DPS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SITES OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE MATERIALS, PRODUCTS, SERVICES OR INFORMATION, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF DPS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

TO THE EXTENT PERMITTED BY LAW, DPS DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR USE OF THE SITES AND THE CONTENT.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the company's services and the full website. Our logos are registered trademarks of DPS in the United States and other countries. The brand names and specific services of DPS and VT featured on this web site are trademarked.

Indemnity

You agree to indemnify and hold harmless DPS, Collections, its affiliates, and all of their officers, directors, employees, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and court costs) arising out of any third-party claims based on or related to your use of the Sites, the Content, or any breach by you of these Terms and Conditions. You agree to cooperate as fully as reasonably required in DPS’ or Collection’s defence of any claim. DPS reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of DPS.

Submissions

DPS welcomes your feedback and suggestions about how to improve the Sites, and allows public comments on some pages of its Sites. Any ideas, suggestions, information, know-how, material, or any other content (collectively, “Submissions”) received through the Sites, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for DPS to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You hereby waive any claim to the contrary.

U.S. Copyright Infringement Claims

If you know or suspect that any of the materials on the Sites have been used or copied in a way that constitutes copyright infringement, please send notice to DPS’ designated agent identified below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c)(3), your notice must comply with the following requirements:

• (a) A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• (b) 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;

• (c) 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;

• (d) Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;

• (e) A statement by you that you have 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;

• (f) A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The designated agent for notice of copyright infringement claims may be reached as follows:

Dragon and Phoenix Software, Inc.
180 South Western Avenue, #275
Carpentersville, Illinois 60110

By email: legal@dragonphoenixsoftware.com

Governing Law.

The laws of the State of Illinois and the United States of America govern these terms and conditions. By accessing this website, you consent to these terms and conditions and to the exclusive jurisdiction of the Illinois state and USA Federal courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of DPS to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of DPS.

Term and Termination

This Agreement takes effect at the time the User begins using the Sites (thereby indicating acceptance of these Terms and Conditions.) DPS reserves the right at any time and for any reason to deny any User access to the Sites or any portion thereof, and to terminate this Agreement. Termination will be effective without notice.

Waiver

Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by DPS of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

Nature of Relationship/Severability

No joint venture, partnership, employment, or agency relationship exists between you and DPS as a result of this Agreement or your use of the Sites. If any provision of this Agreement is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

Entire Agreement/Reservation of Rights

These Terms and Conditions and DPS’ Privacy Policy represent the entire agreement between you and DPS with respect to your use of the Sites and the Content, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and DPS with respect to the Sites. Any rights not expressly granted herein are reserved.

Acknowledgement

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF DPS AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND DPS, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND DPS RELATING TO THE SUBJECT OF THIS AGREEMENT.

© Dragon and Phoenix Software Inc. 2014 All Rights Reserved