TERMS & CONDITIONS
LEGAL NOTIFICATIONS regarding www.andersonfloors.com website and contents
Copyright Notice
© 2010 Anderson Hardwood Floors, Inc. All
rights reserved. Any use, appropriation, reproduction, or linking to
the contents of the subject website without express written permission
is strictly prohibited.
Parties
As further used herein, “Anderson” is intended to encompass Anderson Hardwood Floors, Inc, and any other related entities.
Reservation of Rights
ANDERSON hereby reserves fully and completely any and every
possible kind of Intellectual Property rights applicable to the content within, provided by, or
referred to in the subject website, or linked proprietary sites re names, trademarks, service
marks, copyrights, patents, and trade secret information, including as available both nationally and
internationally, including as based on, but not limited to, the Lanham Act, the Patent Act, the
Copyright Act, the Digital Millennium Copyright Act, the Paris Convention, the Pan-American
Conventions, the Madrid Protocol, and the Berne Convention. Any use, appropriation,
reproduction, or linking to ANDERSON Intellectual Property rights applicable to the content
within, provided by, or referred to in the subject website, or linked proprietary sites, without
express written permission is strictly prohibited.
Misappropriations and Infringements
Any misappropriations and/or infringements of any ANDERSON
Intellectual Property rights will be pursued to the fullest extent
available under the law, potentially including but not limited to, any
damages sustained by ANDERSON, the cost of any civil action, trebling
of all actual damages, and award of attorney's fees (15 U.S.C. § 1117),
and issuance of preliminary and permanent injunctions (15 U.S.C. §
1116).
False Designations of Origin and False Descriptions Forbidden
Pursuant to 15 U.S.C. § 1125,
ANDERSON reserves all rights by which false designations of origin and
false descriptions are forbidden; specifically, (1) Any person who, on
or in connection with any goods or services, or any container for
goods, uses in commerce any word, term, name, symbol, or device, or any
combination thereof, or any false designation of origin, false or
misleading description of fact, or false or misleading representation
of fact, which— (A) is likely to cause confusion, or to cause mistake,
or to deceive as to the affiliation, connection, or association of such
person with ANDERSON, or as to the origin, sponsorship, or approval of
his or her goods, services, or commercial activities by ANDERSON, or
(B) in commercial advertising or promotion, misrepresents the nature,
characteristics, qualities, or geographic origin of his or her or
ANDERSON’s goods, services, or commercial activities, shall be liable,
as appropriate under the law, by such act in a civil action by
ANDERSON.
Standard Disclaimer for External Links
Any external links provided are as a convenience only and for
informational purposes only; they do not constitute an endorsement or
an approval by ANDERSON of any of the products, services or opinions of
the corporation or organization or individual. ANDERSON bears no
responsibility for the accuracy, legality or content of the external
site or for that of subsequent links. Contact any external site for
answers to questions regarding its content.
Privacy and Publicity Rights
Privacy and publicity rights reflect separate and distinct interests
from copyright interests. In addition to consideration of copyright
interests, anyone desiring to use materials from this website bear the
responsibility of making individualized determinations as to whether
privacy and publicity rights are implicated by the nature of the
materials and how they use such materials.
While copyright
protects the copyright holder's property rights in the work or
intellectual creation, privacy and publicity rights protect the
interests of the person(s) who may be the subject(s) of the work or
intellectual creation. Distinctions among privacy rights, publicity
rights, and copyright may be illustrated by example: An advertiser
wishes to use a photograph for a print advertisement. The advertiser
approaches the photographer, who holds the copyright in the photograph,
and negotiates a license to use the photograph. The advertiser also is
required to determine the relationship between the photographer and the
subject of the photograph. If no formal relationship (e.g., a release
form signed by the subject) exists that permits the photographer to
license the use of the photograph for all uses or otherwise waives the
subject's, sitter's or model's rights, then the advertiser must seek
permission from the subject of the photograph because the subject has
retained both privacy and publicity rights in the use of their
likeness. The publicity right of the subject is that their image may
not be commercially exploited without his/her consent and potentially
compensation.
While copyright is a federally protected right under the United States
Copyright Act, with statutorily described fair use defenses against
charges of copyright infringement, neither privacy nor publicity rights
are the subject of federal law. Note also that while fair use is a
defense to copyright infringement, fair use is not a defense to claims
of violation of privacy or publicity rights. Privacy and publicity
rights are the subject of state laws. What may be permitted in one
state may not be permitted in another. Note also that related causes of
action may be pursued under the federal Lanham Act, 15 U.S.C. § 1125
(a), for example, for unauthorized uses of a person's identity in order
to create a false endorsement.
User Privacy and Cookies
The ANDERSON site may use software programs to create statistics
that are used for assessing what information is most or least accessed
by users, determining optimal technical design specifications, and
identifying system performance issues. To assist such processes,
ANDERSON may collect and/or store the following information:
- The name of the domain from which you access the Internet
- The Internet Protocol address of the computer you are using
- The date and time you access the Library’s site
- The pages you visit
- The Internet address of the Web site from which you linked directly to our site
- Characteristics of your system configuration including browser type, operating system, monitor resolution, and connection speed.
In addition, such information may be used in the course of enforcing
any of ANDERSON’s Intellectual Property rights, as otherwise referenced
herein.