Legal Notices
Definitions:1. The Quiet Mall may operate under any of these purchased domains: www.thequietmall.com, www.quietmall.com, www.thequietmall.org and www.quietmall.org. The abbreviation TQM shall act as a stand-in for each of the others in the following.
2. The Quiet Mall may be contacted using the methods listed on the Contact Us page.
3. The published version of The Quiet Mall which includes the live links is our only product (“Product”). This website exists to provide an example of the Product in a form suitable for presentation via the internet without giving our Product away for free.
Terms and Conditions:Our legal notices are different than those you have seen on other sites. This is a result of our approach to site design as well as to the type of content we are presenting. Never the less there are some basics (the “Terms of Use”) on which we must agree should you wish to use our website and/or the published Product. Use of either or both constitutes your acceptance of our Terms of Use.
Content Usage:If you like some of the original artwork on our website and would like a copy for your personal use, the right click “Save As” option is not disabled. Let the folks you show it to know where you found it. If one of the articles strikes a chord with you and you want to keep a copy close on your personal digital device, feel free to do a little copying and pasting. Maybe a future article will also be of value to you. We want to encourage you to come back. (Aside: Every article is present in our published Product.)
We do ask that you not create derivative works from or in any way exploit what we present on our website. Apart from the exceptions cited above, you may not redistribute any part of the website over any network, sell it or offer it for sale, or use such content as part of another website. Do the necessary work yourself (as we did) so that your creation will be uniquely your own. The way we have set up our website prevents a lot of these types of problems.
Our Product is for sale through the available channels for a modest fee. Once you purchase your copy you can keep it on your hard drive or place it in your cloud for your personal use. Treat it like any other book or magazine. And let’s be honest here – if a copy finds its way to a friend’s computer (or a couple of friend’s computers), that would probably be ok. We understand how it is in the real world. You are helping us spread the word. Thanks for that. But placing the Product on a network to share with umpteen million people for free is not cool. Seriously. We deserve some respect. We are doing good (see the “Who Benefits” page), so we ask that you honor our purpose and support us.
Copyright and Permission Rules:We have built an original site using custom programs, original artwork and articles so we are not beholding to any external sources. The programs are not available via this website, so we have no worries about you absconding with them. We have already mentioned the original artwork and articles under Content Usage (see above). To even attempt to copyright the coding of the website is foolish as anyone with the skills can obtain it. We ask you to be respectful (again, as noted above).
We do not claim ownership of any of the links provided in the Product. Registered names and trademarks which are part of those links belong to the owners of those registered names and trademarks and it will be left to those persons/companies/entities to impress you with them when you choose to follow one of the links we have provided.
Our Representations and Warranties:We warrant neither that access to TQM will be uninterrupted (the website will be available on an “Is Available” basis) nor that the Product content will be error-free (the content is presented on an “As-Is” basis). Each of the links presented was valid at the time they were recorded. The degree to which links degrade (no longer point to where they once pointed) over time is unknown. We do know that the more specific the link, the more likely it is to change.
We make no warranties expressed or implied, including without limitation, those of fitness for a particular purpose, with respect to the written articles or the links we present. When you exit TQM through one of said links you will be dealing with a separate person/company/entity over which we have no control. Please review the “Your Responsibilities” page for additional information. TQM is not responsible for the content of other websites (those we link to nor those that link to us).
Neutered links to social media websites are provided for your convenience. The coding which normally makes them function has been removed to prevent them from tracking you. If you use these links you will leave TQM. TQM does not control and is not responsible for any of these sites or their content.
Limits On Our Liability:The type of content we offer - by its nature - eliminates the possibility of damages and/or claims. But just in case someone in a fit of legal fervor (or provoked into that state) seeks to file some claim against us, know that under no circumstances shall Odd Thought LLC, TQM staff, our representatives, our agents or our licensers be responsible for any damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) or for any claim as a result of using (or inability to use) our website or our work Product (or the live links contained therein or the information or services available at those linked websites), whether based on warranty, contract, tort or any other legal theory and whether or not we are advised of the possibility of such damages (verbally or in writing). If your use of the information or services from/via this website results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. In addition, any claim made against us shall be limited to the amount you paid (if any) to us for the purchase of our work Product.
TQM also assumes no responsibility and shall not be liable for any damages relating to computer viruses which may infect your computer/digital device while browsing the website or as a result of your downloading data, text or images from the website. This also applies to the servers that make our website and Product available to you. Please see the “Your Responsibilities” page for additional information.
Changes:Staff may make changes to this website and its contents at any time and without notice. Our Product will be issued on a more regular schedule. As such, there will be times when the website’s content and the Product are not fully in sync. This period will be brief but is unavoidable given the distribution method.
Changes in the Terms and Conditions and/or Terms of Use may be made at any time and without prior notice.
User Submissions:We will not ask you for any information. We do not ask that you sign up or otherwise register with us (See the “Our Approach” page). If you use our contact form to leave us a question which we feel might help others and we place that question on our “Your Questions” page, all references to your contact information will be eliminated. We will not accept any feedback which violates the Digital Millennium Copyright Act.
Privacy:
Because we do not ask for any information from you, your anonymity is intact. We do not associate with advertisers, web analytics organizations, marketers or search engines which wish to track your movements around the internet. We do not use cookies or any other tracking method to “remember” who you are from visit to visit. In fact, we go one step further to protect your online privacy (see the “Our Approach” page).
Governing Law:The above topics (collectively referred to as the “Terms of Use") shall be governed by the laws of the United States of America and the State of California. In the event that any of the Terms/Conditions are deemed by a court to be invalid, those invalid Terms/Conditions shall be excised and the remaining provisions shall remain in full force and effect.
If for some strange reason you, in your locality, are not allowed to access this site or obtain our Product via the purchasing channel...but you find a way to do so...then you do so at your own risk and are responsible for the consequences. Pick up and move – that’s all we have to say.
Jurisdiction:All claims, disputes or disagreements which may arise out of the use of our website or our work Product or in any way relating to TQM shall be submitted exclusively to the jurisdiction of the Courts of the County of San Mateo, California.
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