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Terms of Use

Last updated: January 16, 2007

Introduction
Welcome to Blazon Search. Blazon Search provides you with its services subject to the following terms of use. If you visit Blazon Search, you accept these terms of use. Please read them carefully.

Blazon Search is the online front-end to its searchable database of blazons, consisting of information, services, proprietary content, links, search capabilities and other internet resources provided by Blazon Search. Blazon Search reserves the right to change, modify, add, or remove portions of these Terms of Use at any time and without prior or post-fact notification to its users or subscribers. Please check this page periodically for any modifications. Your continued use of Blazon Search following the posting of any changes will mean that you have accepted these changes.

Copyright and Trademark Protection
Blazon Search's text, layout, functionality, search engine, scripts and design, and other Blazon Search-specific content ("Blazon Search Materials") are property of Blazon Search and are protected by international copyright and trademark laws.

The current and future content of the Blazon Search database comes from public domain material, predating any possible copyright protected material.

You may not publish, copy, display, distribute, transmit, perform, modify, create derivative works from, or sell any Blazon Search Materials, or information, products or services obtained from Blazon Search, except as otherwise expressly permitted under applicable law or as described on particular Blazon Search pages or in these Terms of Use.

Use of Materials
Blazon Search grants you a limited license to access and make use of Blazon Search based on subscription type and not to download (other than page caching) or modify any portion of it, except with express written consent of Blazon Search. You may print or download Blazon Search search results and/or support information, such as help documents, for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. You may not engage in systematic retrieval of data or other Blazon Search Materials to create or compile, directly or indirectly, a collection, compilation, database or directory without express written permission from Blazon Search. Nor may you mirror on your own site the home page or results pages of Blazon Search. Use of the Blazon Search Materials for any purpose not expressly permitted in these Terms of Use is prohibited.

A subscription to an Individual Account grants you, as an individual, access to use Blazon Search on one computer at a time. It is reasonably expected that Account holders may share the Account with one or two direct family members on a home network through a single IP address. Beyond that, the expectation is that the Individual Account is used by you alone, and not shared with others, even if the Account is accessed from only one computer at a time. If your account is accessed from several different locations in a time frame that cannot logically be covered by one person, it is assumed that multiple persons are sharing the Account. Multiple computer access requires a Site Account. Violation of the terms of the Individual Account may lead to termination of the Account.

A subscription to a Site Account grants the holder access to use Blazon Search through a single primary IP address, regardless of the number of computers connected through that address. Additional IP addresses for the same account are available.

If you (or a legal entity you control) own and operate a website or engage in other Internet activity, such as electronic commerce, communication, publishing and transmission, and want to download, post, publish or use Blazon Search Materials for any such website or Internet activity, you need express written permission from Blazon Search, regardless if your website or Internet activity is free of charge or not. Unless you are a student, or your use of Blazon Search Materials is short-term and minimal, your use of Blazon Search Materials may be subject to copyright and other legal restrictions.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Blazon Search so long as the link does not portray Blazon Search, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner.

Any unauthorized use terminates the permission or license granted by Blazon Search.

Services
Blazon Search provides search and research capability to persons and/or institutions ("Users") who utilize its Services. For purposes of this Agreement, "Services" are defined as any and all services provided by Blazon Search to you, either now or in the future. By using the Services, you confirm your acceptance of, and agree to be bound by, these Terms of Use.

Denial of Access, Use, or Service
Blazon Search reserves the right to deny access to, use of, or service from Blazon Search to any User, for any reason whatsoever, at its sole discretion.

Inclusion, Exclusion, Changes
Although Blazon Search recognizes that the validity of the data provided through Blazon Search depends on the accurate representation of the data from original work(s), it also understands that errors may have occurred during the conversion into digital format. Therefore Blazon Search still reserves the right to include, exclude, verify or change Blazon Search database entries for whatever reason, at its sole discretion.

Accuracy of Data
Due to the error prone nature of human involvement, Blazon Search cannot and will not guarantee the accuracy or reliability of any data present in its database ("Data"). You acknowledge that your acceptance of the validity of this Data will be at your own risk. Blazon Search does not claim infallability in the creation and maintenance of the database and search engine, and is therefore not responsible for inaccuracies. Blazon Search has no liability or responsibility to users for performance or non-performance of Blazon Search.

Linking, Framing and Third Party Sites
Blazon Search provides links to other World Wide Web sites or resources. These Hyperlinks are provided for your convenience, and their development and maintenance is not under the direction of Blazon Search. Thus, the content, accuracy, opinions expressed, and other links provided by these external web sites are neither verified, nor endorsed by Blazon Search.

Because Blazon Search has no control over external web sites, you acknowledge and agree that Blazon Search is not responsible for the availability of such external sites or resources, and does not endorse, and is not responsible or liable for any content, advertising, products, or other materials on or available through such sites or resources, and shall not be liable, directly or indirectly, for any damage or loss caused by the use of any such content, products or materials.

Blazon Search reserves the right to object to or have removed any previously accepted link that is determined by Blazon Search in its sole judgment to be inappropriate, inconsistent with Blazon Search's image and reputation, or otherwise creates an undue burden on Blazon Search.

Blazon Search's consent must be obtained in writing before framing, deep-linking or other activity impacting the access to or the use of Blazon Search. Failure to obtain such consent may result in an infringement claim or other legal action being brought.

Compliance with Laws; Junk Mail and Spam
Use of Blazon Search and its support links is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). Each User agrees:

  1. to comply with United States law regarding the transmission of technical data exported from the United States through the Services;
  2. not to use the Services for illegal purposes;
  3. not to interfere or disrupt networks connected to the Services;
  4. to comply with all regulations, policies and procedures of networks connected to the Services;
  5. not to use the Services to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and
  6. not to transmit through the Services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
Each User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Each User agrees not to use the Services for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process, and further agrees not to attempt to gain unauthorized access to other computer systems. You shall not interfere with another User's use and enjoyment of the Services. Blazon Search reserves the right to selectively deny access to any person who violates this policy.

Modification of Services
Blazon Search reserves the right to modify or discontinue any of the Services with or without notice. Blazon Search shall not be liable to you or any third party, financial or otherwise, should Blazon Search exercise its right to modify or discontinue the Services.

Disclaimer of Warranties
Neither Blazon Search, its affiliates, nor any third-party content providers or licensors makes any warranty whatsoever, including without limitation: that the operation of Blazon Search will be uninterrupted or error-free; that defects will be corrected; that Blazon Search, including the server that makes it available, is free of viruses or other harmful components; as to the results that may be obtained from use of the materials on Blazon Search; or as to the accuracy, reliability, availability, suitability, quality, or operation of any information, software, or service provided on or accessible from Blazon Search.

BLAZON SEARCH AND ALL INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH BLAZON SEARCH DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF BLAZON SEARCH IS AT YOUR SOLE RISK. NEITHER BLAZON SEARCH NOR ANY OF ITS EMPLOYEES OR AGENTS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE AND NEITHER BLAZON SEARCH NOR ANY OF ITS LICENSEES OR SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES WHICH COULD LEAD TO THE INTERRUPTION AND OR DELIVERY OF ANY OF THE SERVICES.

Limitation of Liability
IN NO EVENT SHALL BLAZON SEARCH, ITS AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, AUTHORIZED USE, PERFORMANCE OR NONPERFORMANCE OF THIS SITE, EVEN IF BLAZON SEARCH WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.

Indemnification
You agree to indemnify Blazon Search, its possible directors, officers, shareholders, parents, subsidiaries, affiliates, agents and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your violation of these Terms of Use.

Governing Law
These Terms of Use are governed by the laws of the United States and the State of Florida, without giving effect to any principles of conflicts of laws.

Disputes
Any dispute relating in any way to your visit to Blazon Search or expectations of its Services shall be submitted to confidential arbitration in Florida, except that, to the extent you have in any manner violated or threatened to violate Blazon Search's intellectual property rights, Blazon Search may seek injunctive or other appropriate relief in any state or federal court in the state of Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Site Policies, Modification, and Severability
Please review other policies posted on this Site. These policies also govern your visit to Blazon Search. We reserve the right to make changes to Blazon Search, policies, and these Terms of Use at any time. If any of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that Term shall be deemed severable and shall not affect the validity and enforceability of any remaining Terms.

Copyrights
All contents of Blazon Search are Copyright ©2004-2007 Blazon Search. All rights reserved. Photographs, illustrations, or software are sometimes separately copyrighted by their respective owners, as noted in the credits.

Trademarks
Blazon Search belongs to Blazon Search. All other trademarks belong to their respective owners. Except as permitted by applicable laws, you are prohibited from using any of the marks appearing on Blazon Search without express written permission from the respective trademark owners.

Copyright Infringement Claims
If you believe that any copyright infringement exists on Blazon Search, please use the following process to notify Blazon Search. All claims of copyright infringement should be in writing and should be directed to:

     Blazon Search
     E-mail:

     Rights and Permissions
     Blazon Search
     PO Box 1015
     Alachua, FL 32616
     USA

Please include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single Web site are covered by a single claim, a representative list of such works at that Web site.
  3. 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 Blazon Search to locate the material.
  4. Information reasonably sufficient to permit Blazon Search to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
  5. 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.
  6. A statement that the information in the notice 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.


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