Site contents, ownership, copyrights, and permissions
The information contained on this site and on BT:TFW resources, including all images, designs, photographs, writings, graphs, data, and other materials (“materials”) are either (a) the property of BT:TFW and are protected by copyrights, trademarks, trade secrets, or other proprietary rights; or (b) proprietary property licensed from third parties. Permission is granted to display, copy, distribute, download, and print portions of this site solely for the purposes of using this site for the authorized uses described above. Permission may be granted for other uses upon request. You must retain all copyright and other proprietary notices on all copies of BT:TFW contents. You shall comply with all copyright laws worldwide in your use of this web site and prevent unauthorized copying of BT:TFW contents. Except as provided in this notice, BT:TFW does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
BT:TFW materials include a number of logos, trademarks, and service marks including, but not limited to, the BT:TFW logo, “Booth Tarkington: The Final Word,” and booth-tarkington.com. These logos, trademarks, and service marks are the exclusive property of BT:TFW. You agree not to display or use the BT:TFW marks in any manner without BT:TFW’s prior permission. The only exception is the use of text trademarks and service marks in connection with Internet hyperlinks or articles referring to BT:TFW or its contents and resources.
Reprint requests and other permissions may be submitted via the form at boothtarkington.com/index.php/contact/.
Use of site
BT:TFW is made available to you for personal, non-commercial use only. You may not use BT:TFW’s resources to sell a product or service or for any other purpose not provided in the ToU. Any other use of this site is prohibited. By way of example, you may not use any features of this site to:
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such content originated. This means you, and not BT:TFW, are entirely responsible for all content that you upload, post, or otherwise transmit via a BT:TFW resource. BT:TFW does not guarantee the accuracy, integrity or quality of such content. You understand that by using a BT:TFW resource, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will BT:TFW be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted or other wise transmitted via a BT:TFW resource.
You acknowledge that BT:TFW may or may not pre-screen content, but that BT:TFW and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any content that is available via a BT:TFW resource. Without limiting or foregoing, BT:TFW and its designees shall have the right to remove any content that violates the ToU or is otherwise objectionable.
You acknowledge, consent and agree that BT:TFW may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the ToU; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of BT:TFW, its users, and the public.
You understand that the technical processing and transmission of services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the service and software embodied within a BT:TFW resource may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by BT:TFW and/or content providers who provide content to the BT:TFW resources. You may not attempt to override or circumvent any of the usage rules embedded into the service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the service, in whole or in part, is strictly prohibited.
Certain aspects of BT:TFW resources may utilize a personal account. You will receive a password and account designation upon completing the resource’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify BT:TFW of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. BT:TFW cannot and will not be liable for any loss or damage arising from your failure to comply with these terms.
Disclaimer of warranty
You expressly agree that use of this web site is at your sole risk. Neither BT:TFW, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “providers”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the materials.
The materials may contain errors, omissions, inaccuracies, or outdated information. Further, BT:TFW does not warrant reliability of any statement or other information displayed or distributed through the site. BT:TFW reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. BT:TFW may make any other changes to this site, the materials and the products, programs, services, or prices (if any) described in this site at any time without notice.
This site and the information, content, and materials on this site are provided on an “as is,” “where is,” and “where available” basis. The content and opinions expressed on this site are those of the authors, and do not necessarily reflect the views of nor are they endorsed by BT:TFW. BT:TFW makes no representations or warranties of any kind, express or implied, as to the operation of the site, the content, information, or the materials on this site. To the fullest extent permissible under applicable law, BT:TFW expressly disclaims all warranties, express or implied, of any kind, with respect to any of the materials, content, or information on this site or any goods or other products or services offered, sold, or displayed on this site or your use of this site generally, including warranties of merchantability, accuracy of information, quality, title, fitness for a particular purpose, and non-infringement. (Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to the extent such jurisdiction’s law applies to this agreement.)
Any material downloaded or otherwise obtained through the use of a BT:TFW resource is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from BT:TFW or through or from the service shall create any warranty not expressly stated in the ToU.
A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using a service. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the service. Immediately discontinue use of the service and consult your physician if you experience any of the following symptoms while using the service: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
Limitation of liabilities
You agree that BT:TFW and its providers shall not be liable for any damage, loss, or expense of any kind arising out of or resulting from your possession or use of the materials, content, or information on this site regardless of whether such liability is based in tort, contract, or otherwise. In no event, including, without limitation, a negligent act, shall BT:TFW or any of its providers be liable to you for any direct, indirect, special, incidental, consequential, or punitive damages (including, without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business), arising out of or in any way related to the materials, content, or information on this site or any other products, services, or information offered, sold, or displayed on this site, your use of, or inability to use, this site generally, or otherwise in connection with this agreement, regardless of whether BT:TFW or any of its providers have been advised of the possibility of such damages. (Because some states do not allow the limitation of liability for consequential or incidental damages, the above limitation may not apply to you.)
As a convenience to you, we may provide on this site links to web sites operated by other entities (collectively the “linked sites”). If you use any linked sites, you will leave this site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked sites, regardless of the linking form (e.g., hotlinks, hypertext links, image links) are not maintained, controlled, or otherwise governed by BT:TFW. The content, accuracy, opinions expressed, and other links provided by linked sites are not investigated, verified, monitored, or endorsed by BT:TFW. BT:TFW does not endorse, make any representations regarding or warrant any information, goods, and/or services appearing and/or offered on any linked site, other than linked information authored by BT:TFW. Links do not imply that BT:TFW or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of BT:TFW or any of its affiliates or subsidiaries. Except for links to information authored by BT:TFW, BT:TFW is neither responsible for nor will it be liable under any theory based upon (i) any linked site; (ii) any information and/or content found on any linked site; or (iii) any site(s) linked to or from any linked site. If you decide to visit any linked sites and/or transact any business thereon, you do so at your own risk. BT:TFWreserves the right to discontinue any site link at any time without prior notice. Please contact the webmasters of any linked sites concerning any information, goods, and/or services appearing thereon.
You agree to indemnify, defend, and hold harmless BT:TFW, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
Limitations on claim
Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises.
Term and termination
Without limiting its other remedies, BT:TFW may immediately discontinue, suspend, terminate, or block your and any user’s access to this site at any time at our sole discretion.
Controlling law, jurisdiction and international users
This agreement is governed by and shall be construed in accordance with the laws of the State of Washington, USA., without reference to its conflicts of laws provisions. BT:TFW makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within King County, Washington, for any disputes with BT:TFW arising out of your use of this site.
This agreement constitutes the entire agreement between BT:TFW and you with respect to this web site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and BT:TFW with respect to this web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this agreement, and the remainder of this agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Modifications to agreement
We may revise this agreement at any time and you agree to be bound by the revised agreement. Any such modifications will become effective upon the date they are first posted to this site. It is your responsibility to return to this agreement from time to time to review the most current terms and conditions. BT:TFW does not and will not assume any obligation to notify you of changes to this agreement.
Electronic communications and electronic signatures
You agree to be bound by any affirmation, assent, or agreement you transmit through this web site, including but not limited to any consent you give to receive communications from BT:TFW solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.