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Terms of Use - Last Modified April 11, 2010
Heather Inks
Experienced K6-12th grade educator
in public and non-profit schools and
former TIMs-Technology Integration
Mentor for a very large school district
Terms of Use for HeatherInks.com or www.HeatherInks.com
Last modified: April 11, 2010

HeatherInks.com provides information and activities relating to Heather
Inks on the HeatherInks.com website (the “Site”).  Our content includes
information about Heather Inks and her various activities, articles, blogs,
endeavors, lesson plans, recipes, photos, video and interaction with our
users and also provides links to other sites.  

All materials sent to www.HeatherInks.com, www.heatherinks.com,
HeatherInks.com, heatherinks.com, or Heather Inks either electronically
through the Site and/or email, or via regular mail will be reviewed prior to
posting on this site.  The material can be approved or denied posting
and/or publishing by the Site for any reason as our discretion. We will not
post any materials submitted unless the user sending us such
materials is over 18 and has indicated his/her acceptance of our Terms
of Use, Privacy Policy, and supplied signed Releases and License
Agreements, which must be accepted by an adult over the age of 18.  
Parents or guardians can sign releases and agreement for those under
18.

Please read the Terms of Use. These Terms of Use take precedence
over any prior statements or representations. By using the Site, you
agree to be bound by these Terms of Use. If you do not agree to these
Terms of Use, please do not use this Site.

Access, distribution and/or use of to this Site is subject to all applicable
laws and regulations. If access, distribution and/or use of this Site would
be deemed illegal by governing law, such access, distribution and/or
use is prohibited. By using the Site, you agree to be bound by these
Terms of Use. If access, distribution, and/or use of this Site would be
deemed illegal by governing law, please do not use this Site.

Purpose:
The Terms of Use represent the entire understanding between
HeatherInks.com, the Site, and you regarding your use of this site.

We reserve the right to change the terms and conditions of these Terms
of Use. We will post any changes of Terms of Use on the Site. You can
determine when these Terms of Use were last revised by referring to the
"Last Modified" date at the top and bottom of this page. By continuing to
use the Site following such changes, you will be deemed to have agreed
to such changes. You agree to review these Terms of Use periodically to
be aware of any such changes. Your use of materials and services on
the Site may be governed by additional rules, which are hereby
incorporated herein by this reference. By using any materials or services
you acknowledge that you have reviewed all rules in question and agree
to be bound by them.

We also reserve the right, at any time, to: change or discontinue any
content or feature of the Site or any services or products made available
through the Site without notice. We may charge fees for the use of the
Site and/or modify and/or waive any fees charged in connection with the
Site. We may offer opportunities to some or all users of the Site. You
agree that we will not be liable for any modification, suspension or
discontinuance of the Site or of any service, content, feature or product
offered through the Site. Your continued use of the Site after such
changes will indicate your acceptance of such changes.

Privacy:
Please see the Site's Privacy Policy for information concerning the
collection and use of "Personal Consumer Information" or "Personally
Identifiable Information"  from this site.

Copyright Information for HeatherInks.com (the Site)
Copyright 2009-2010 Heather Inks and www.HeatherInks.com
(All rights reserved)

This Site and all the contents of the Site are intended for your personal
(non-commercial, NOT commercial) use only. The Site contains
copyrighted material, including text, graphics, illustrations, images,
drawings, photos, lesson plans, and recipes as well as audio, video,
sound, and music considered "Site Content". This Site is protected
under U.S. Copyright laws, international conventions, and other copyright
laws. HeatherInks.com and third party content providers own copyrights
in the original content on the Site. You may not modify, distribute, display,
reverse engineer, perform, reproduce, create derivative works from or in
any way of any Site Content.

HeatherInks.com grants you a limited, revocable, non-transferable, non-
sublicensable, non-exclusive license to display the Site and use the Site
Content privately for non-commercial use. You may download, copy, or
print one copy of the Site Content for your personal, noncommercial use
only, provided that you do not alter or delete any author attribution,
trademark, copyright notice, or other proprietary notices.

You agree that you cannot download, copy, print, or use Site Content for
uses other than your personal, noncommercial use without prior written
consent of HeatherInks.com. You acknowledge and agree that you do
not acquire any ownership rights by downloading copyrighted material.

You agree that you will not use any meta tags or any other hidden text
utilizing our names or trademarks, without prior written consent.

Parents may make more than one copy of coloring pages or directions to
use with their child, children's friends, children of relative, or for birthday
parties or holiday events. For example, a parent can make 3 copies of a
worksheet for each of their 3 children. The parent can also make an
additional 3 copies of the same worksheet in the future after the children
have completed the worksheet or colored it.

Teachers (home-schooling parents, public school teachers, private
school teachers, non-profit school teachers, Sunday School teachers,
mentor, baby-sitters, nannies, or others working or volunteering with
children) may also print one copy per student up to "a class set" of
materials, patterns, lesson plans,  worksheets, articles, or coloring
pages when used for educational purposes. All other Terms of Use
apply though-the information or worksheets may not be included or used
for commercial purposes which includes being included in books,
lesson plans, articles (print or online), videos, or derivative works that
will be sold or mass distributed without prior written consent of
HeatherInks.com.

User Content:
All statements, advice, opinions expressed, and content provided, by
users are those of such users only, and we neither endorse nor shall we
be held responsible for the reliability or accuracy of such postings. We
are not responsible for information or materials made available by users
(including errors or omissions in user postings, content or links and
images embedded in postings and/or content) or results obtained by
using such information or materials. Under no circumstances will we be
liable for any loss or damage caused by your use of information or
materials obtained through the postings of users of this Site. You agree
that the Site has no responsibility for, or ownership of, any User Content
posted at this Site and will not be liable for any User Content that is in
violation of these Terms and Conditions.  

Shopping:  When you shop on this Site, you will be routed to a separate
website, www.amazon.com  to purchase from various “Heather Inks
Stores” ("the stores").  These stores are hosted and operated by a third
party, and is separate from HeatherInks.com.  The stores collects
information about its users and may share the information it collects with
us.  We may use this information to contact you and provide you with
information concerning products, articles, programs, activities, events,
and fundraising efforts in which we believe you might be interested, or
for other purposes as set forth in this privacy policy.

Sharing of User Content on the Site:
When users submit comments, stories, recipes, photos or other User
Content, these materials may be posted on our Site.  We will not use
material without the acceptance by the user, or by the parent of a user if
such user is under 18, of our User Content License Agreement and
Photographic Release.  We will not return any materials, such as
photographs, once they have been sent to us.

Ownership of Rights for User Content:
You hereby grant HeatherInks.com a worldwide, royalty-free, freely
transferable, non-exclusive license to use, reproduce, modify, transmit,
distribute, publicly perform and display in any form, and create derivative
works of the User Content, in any form, media, or technology now known
or later developed. This royalty-free license can be fully assigned and
sub-licensed, to use such User Content, in whole or in part, throughout
the world forever in all media now known or developed in the future,
including on the Internet and in advertising and promotion of
HeatherInks.com.  You also hereby waive any moral rights you may have
in such User Content under the laws of any jurisdiction. You hereby
appoint us as your agent with full power to enter into and execute any
document and/or do any act we may consider appropriate to confirm the
grant of rights, consents, agreements, assignments and waivers set
forth in these Terms. You grant that we may (but are not required or  
obligated to) display your User Content, and your user name or your
actual name.

You further grant the Site the right to use your User Content, likeness,
biographical information, logos, marks or trade names, or other
information provided or obtained, including without limitation, the right to
publicly display, publicly perform, distribute, and reproduce such
excerpts of your User Content, for purposes of advertising or promoting.

You agree that your User Content will not infringe the rights of any
person or entity, or violate any governmental rule, regulation statute or
law, or the terms and conditions of use of this Site. You agree that the
Site will owe no money to any party as a result of the posting of the User
Content or its use as contemplated herein. You agree that you will be
responsible for all User Content submitted in any form to the Site and for
all purposes under these Terms and Conditions, all submissions from
your account shall be deemed to have been submitted by you.

HeatherInks.com does not control or endorse any User Content and
disclaims any and all liability in connection with any User Content.  
However, in connection with User Content posted at this Site, in addition
to all other rights it has under this Agreement, at law or in equity,
HeatherInks.com reserves the right in
its sole and absolute discretion, to:
(i) remove without notice, or refuse to post in the first instance, any User
Content; (ii) revoke any user’s right to use this Site.  HeatherInks.com is
under no obligation to use, exhibit, perform, distribute, post, or otherwise
exploit your User Content; without limitation of the foregoing, HeatherInks.
com may edit, alter, post, decline to post, remove, discard or delete your
User Content at anytime with no notice.

You acknowledge that the posting of your User Content for any period of
time is sufficient consideration for the license granted herein to
HeatherInks.com.

User Content Standards, Rules, and Regulations:
All User Content submitted to be posted at the Site must conform, in the
sole opinion of HeatherInks.com, to the following rules and standards:  
  1. conform to all applicable laws
  2. be appropriate in the context of the general purposes
  3. not provide personal information or solicit such information from
    any other user of the Site
  4. Must use appropriate language
  5. Be for only non-commercial purposes

Prohibited User Content:
All User Content submitted to be posted at the Site must violate that
prohibited user content in the sole opinion of HeatherInks.com.

You agree not to submit or post to the Site any content or any other
materials whatsoever that is or could be considered:
  1. In violation of any laws
  2. that you do not have a right to transmit under any law or under
    contractual or fiduciary relationships
  3. infringing or alleged infringing upon a third party's rights or
    proprietary rights of any party
  4. viruses, Trojan horses, worms, malicious computer codes,
    spyware, worms, or programs, files, or links designed to
    interrupt, destroy, or limit the functionality of any computer
    software, hardware, or equipment
  5. involved in or related to the transmission of junk email,
    unsolicited mass emailings, “spamming,” or “phishing” or other
    like kinds
  6. obscene, vulgar, pornographic, offensive, or inappropriate for
    children to see, view, read, or hear
  7. untrue, misleading, harmful, threatening, abusive, hateful,
    harassing, defamatory, vulgar, obscene, libelous, invasive to
    another person's privacy or protected data, or racially, ethnically
    or otherwise objectionable or prejudiced or discriminatory in any
    way.

Disclosure of Personal Consumer Information to Other Entities:
Without restriction, we disclose aggregated statistics about visitors to
this Site, along with specific information concerning individual visitors of
this Site that is not Personal Consumer Information, provided that no
specific individual can be identified by the information so disclosed.  We
disclose the Personal Consumer Information we have collected with a
third party, and disclose such Personal Consumer Information with
companies that are affiliated with HeatherInks.com.  We may use a third
party to provide certain services on its behalf, such as processing
transactions, sending emails or performing statistical analyses of activity
on this website.  In the event that we provide your Personal Consumer
Information to any such entity, we will require that any such entity
maintain the confidentiality of the Personal Consumer Information that
we has provided to it.  We disclose aggregated Personal Consumer
Information with partners on the Site, such as Site statistics and
behavioral data.

Acquisition of Business:
In the event that HeatherInks.com is involved in a merger, acquisition,
consolidation, restructuring, reorganization, liquidation, sale or similar
transaction relating to any portion of its business and/or assets, you
hereby acknowledge and agree that the Site and all the rights may be
included in the assets of, and/or  transferred pursuant to, such
transaction.  If that occurs, HeatherInks.com will post a notice to such
effect on this website. Follow such an acquisition, the terms of use and
privacy policy may be subject to change.  

Linked Sites:
HeatherInks.com website contains links to other websites that are not
controlled and/or maintained by HeatherInks.com.  Please be aware that
these other websites may have different terms of use and privacy
policies.  Please review the terms of use and privacy policies of such
other websites. HeatherInks.com does n

The Site that maintains HeatherInks.com stores through www.amazon.
com and is a completely separate Site, with its own shopping cart and
method of obtaining customer information.  Accordingly, HeatherInks.
com
cannot resolve customer service or any concerns with transactions
or activity on that Site.  To contact them directly, please refer to and click
the privacy policy link on that website.

Further, other portions of the Site (e.g., when you make a purchase
through Amazon through the Site or another affiliate) may be operated
exclusively by a third party, and if you provide Personally Identifiable
Information through such portions of the Site, such Personally
Identifiable Information will be collected and used by the third party in
accordance with such third party's privacy policy, and not by HeatherInks.
com.  HeatherInks.com has no control over, and is not responsible or
liable for, for any third party's use and/or disclosure of your Personally
Identifiable Information.  If you would prefer that these third parties not
have access to your Personally Identifiable Information, please do not
provide any Personally Identifiable Information through these portions of
the Site.

Google Ads and DoubleClick Dart Cookie:
  • Google, as a third-party vendor, uses cookies to serve ads on
    your site.
  • Google's use of the DART cookie enables it and its partners to
    serve ads to your users based on their visit to your sites and/or
    other sites on the Internet.
  • Users may opt out of the use of the DART cookie by visiting the
    Google ad and content network privacy policy.

We use third-party advertising companies to serve ads when you visit
our website. These companies may use information (not including your
name, address, email address or telephone number) about your visits to
this and other websites in order to provide advertisements about goods
and services of interest to you. If you would like more information about
this practice and to know your choices about not having this information
used by these companies,
click here.

Promotions:
HeatherInks.com and/or its affiliates, advertisers, partners, suppliers to
this Site may elect to conduct certain promotions, sweepstakes or
contests (deemed “Promotions”) on this Site.  Each individual Promotion
may have specific rules and regulations, which will be made available to
users and which shall be deemed incorporated in and become a part of
the Terms of Use.

Indemnity:
You agree to indemnify, defend and hold harmless HeatherInks.com, its
parent, subsidiaries and affiliated entities and each of their respective
officers, directors, employees, agents, and volunteers from and against
any and all claims, demands, losses, liabilities, damages, costs and
expenses (including but not limited to attorneys fees) arising from or in
connection with: (i) your use of the Site; (ii) your violation of these Terms
and Conditions; and/or (iii) any User Content submitted by you to the
Site.  You agree that your representations and warranties, and obligation
to indemnify HeatherInks.com shall survive beyond any term that these
Terms and Conditions are in effect.

Limitation of Liability and Disclaimer
HEATHERINKS.COM IS NOT RESPONSIBLE FOR ANY DAMAGES OR
LOSS RELATED TO THE USE OF THIS SITE.  THIS SITE, ALL MATERIAL
CONTAINED ON THIS SITE, AND ALL LINKS OR OTHER ITEMS
RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED “AS IS”
AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE SITE, ITS
FEATURES AND FUNCTIONS, WILL BE AVAILABLE FOR USE OR
WORK AS DESCRIBED.  THERE ARE NO WARRANTIES WITH
RESPECT TO THE SITE OR THE MATERIALS CONTAINED HEREON.  
ANY INFORMATION CONTAINED WITHIN THIS WEBSITE IS SUBJECT
TO AMENDMENT, REVISION OR UPDATING WITHOUT NOTICE AT ANY
TIME.  HEATHERINKS.COM RESERVES THE RIGHT TO SUSPEND OR
WITHDRAW ACCESS TO THE PAGES OF THIS SITE WITHOUT NOTICE
AT ANY TIME AND ACCEPTS NO RESPONSIBILITY FOR THESE PAGES
NOT BEING AVAILABLE AT ALL TIMES.  HEATHERINKS.COM SHALL
NOT BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY, INCLUDING
BUT NOT LIMITED TO ANY COMPENSATORY, CONSEQUENTIAL,
DIRECT, INDIRECT AND/OR SPECIAL DAMAGES, THAT RESULT FROM
YOUR USE OR INABILITY TO USE OR ACCESS THIS WEBSITE OR ANY
MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS,
MALFUNCTION OR OTHER FAILURE.

Changes in Terms of Use:
Our Terms of Use may change.  We will post changes to the Terms of
Use at this Site.  By continuing to use the Site following such changes,
you will be deemed to have agreed to such changes. If you do not agree
with the terms of our Terms of Use please do not continue using this
Site. This Terms of Use was last updated on 4/11/10 and is effective
immediately.
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