When you visit Drachen.org or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
License and Site Access
Drachen Foundation grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Drachen Foundation. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced or otherwise exploited for any commercial purpose without express written consent of Drachen Foundation. You may not use any meta tags or any other “hidden text” utilizing Drachen Foundation’s name or trademarks without the express written consent of Drachen Foundation. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Drachen.org so long as the link does not portray Drachen Foundation, or its products or services in a false, misleading, derogatory, or otherwise offensive matter.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Drachen Foundation does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Drachen.org on-line store only with involvement of a parent or guardian. Drachen Foundation reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
Drachen Foundation respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at email@example.com.
Disclaimer of Warranties and Limitation of Liability
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY DRACHEN FOUNDATION ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DRACHEN FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DRACHEN FOUNDATION DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DRACHEN FOUNDATION DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM DRACHEN FOUNDATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DRACHEN FOUNDATION WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting Drachen.org, you agree that the laws of the State of Washington, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and Drachen Foundation.
Any dispute relating in any way to products or services sold or distributed by Drachen.org shall be resolved by contacting the Drachen Foundation at firstname.lastname@example.org or 206-282-4349. If a mutually agreeable resolution to a dispute cannot be reached, all parties agree to submit the matter to arbitration in King County, Washington.
3131 Western Avenue, M321
Seattle, WA 98121-3035
The following terms apply if you are using the post and share tool:
Drachen Foundation (DF) Website Statement of Conditions
This Statement of Conditions (“Statement”) derives from the Drachen Foundation Website Principles and governs our relationship with users and others who interact with our website. By using, uploading to, or accessing www.drachen.org, you agree to this Statement and the following conditions:
1. DF has the right to review, approve, edit or decline material which you submit for sharing on the DF website.
2. You grant DF a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any content that you submit.
3. You agree to use courtesy and common sense in uploading items to share on the DF website. Items which may offend or cause ill-will are not appropriate to the spirit of this undertaking.
4. You will not use our website to do anything unlawful, misleading, malicious, or discriminatory. You will not use our website for direct sales.
5. You will not do anything that could disable, overburden, or impair the proper working of our website.
Registration and Account Security
DF website upload users provide their names and email addresses. We will not use this information for purposes other than communicating with you regarding your interaction with the DF website. We will also not share this information with others, however, visitors to the DF website are able to send inquiries to your email address (without seeing your address).
Responding to these inquiries is optional, however, in the spirit of supporting an exchange of information among kiting enthusiasts, it is encouraged. Should you respond, your email address will then become visible to the recipient.
Here are some commitments you make to us relating to registering and maintaining the security of your account:
1. You will not provide any false personal information or create an account for use by anyone other than yourself.
2. You will not create more than one personal profile.
3. You will keep your contact information accurate and up-to-date.
4. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
5. We reserve the right to remove or disable your account. If we disable your account, you will not create another one without our permission.
Protecting Other People’s Rights
We respect other people’s rights, and expect you to do the same.
You will not post content or take any action that infringes or violates someone else’s rights or otherwise violates the law.
We can remove, edit, or disapprove any content or information you post if we believe that it violates this Statement. Decisions will be based on courtesy and common sense and are final.
If you repeatedly infringe other people’s intellectual property rights, we will disable your account.
You will not use our copyrights or trademarks or any confusingly similar marks, without our written permission.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we will disable your account and/or delete any content you have provided.
If anyone brings a claim against us related to your actions, content or information on the DF website, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
WE TRY TO KEEP the Drachen Foundation website, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING the DF website “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT the DF website WILL BE SAFE OR SECURE. Drachen Foundation IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.