Terms of Service

1. Overview

Walk Around Waneka Productions and this a Walk Around Waneka Production web site, of which Louis Burkhardt is the sole proprietor, provides information and the opportunity to purchase media, particularly proprietary greeting cards.

2. Terms of Service

The following terms and conditions (“Terms”) govern all use of the
website(s) and all content, services, and products
available at or through the website, our “Services”.

Our Services are offered subject to your acceptance without modification
of all of the terms and conditions contained herein and all other
operating rules, policies (including, without limitation, our Privacy Policy)
and procedures that may be published from time to time by us
(collectively, the “Agreement”). You agree that we may automatically
upgrade our Services, and these Terms will apply to any upgrades.

Please read this Agreement carefully before accessing or using our
Services. By accessing or using any part of our Services, you agree to
become bound by the Terms of this Agreement. If you do not agree to all
the Terms of this Agreement, then you may not access or use any of our
Services. If these Terms are considered an offer by Orange Noise
Production Company, acceptance is expressly limited to these Terms.

2.1. Age

Our Services are not directed to children younger than 13, and access
and use of our Services is only offered to users 13 years of age or
older. If you are under 13 years old, please do not register to use our
Services. Any person who registers as a user or provides their personal
information to our Services represents that they are 13 years of age or
older.

2.2. Responsibilities and Allowances

Use of our Services is enhanced by a Walk Around Waneka Production web site
account. If you register, you agree to provide us with complete and
accurate information when you register for an account. You will be
solely responsible and liable for any activity that occurs under your
username. You are responsible for keeping your password secure.

  1. Expiration and/or Violations Without limiting any of those
    representations or warranties, Walk Around Waneka Productions has the
    right (though not the obligation) to, in Walk Around Waneka Productions’ sole discretion,

    1. reclaim your username due to prolonged inactivity, or
    2. terminate or deny access to and use of Walk Around Waneka Productions
      web site to any individual or entity for any reason.

2.3. Intellectual Property

This Agreement does not transfer from Walk Around Waneka Productions to
you any Walk Around Waneka Productions or third party intellectual
property, and all right, title, and interest in and to such property
will remain (as between the parties) solely with Walk Around Waneka
Productions, their logos, WordPress, and all other trademarks, service
marks, graphics and logos used in connection with Walk Around Waneka
Productions or our Services, are trademarks or registered trademarks of
Walk Around Waneka Productions or Walk Around Waneka Productions’
licensors. Other trademarks, service marks, graphics and logos used in
connection with our Services may be the trademarks of other third
parties. Your use of our Services grants you no right or license to
reproduce or otherwise use any Walk Around Waneka Productions’ or
third-party trademarks.

2.4. Termination of Service

Walk Around Waneka Productions may terminate your access to all or any
part of our Services at any time, with or without cause, with or without
notice, effective immediately (barring outstanding delivery of goods
that have been paid for, of course). If you wish to terminate this
Agreement or your a Walk Around Waneka Production web site account, you
may simply discontinue using our Services. All provisions of this
Agreement which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions,
warranty disclaimers, indemnity and limitations of liability.

3. Changes in Terms of Service

We may occasionally update our Services, and that means sometimes we
have to change the legal terms under which our Services are offered. If
we make changes that are material, we will let you know by posting a
visible notice on the a Walk Around Waneka Production weblog (https://myplaza.xyz/greetingcards/web-log/). The notice will designate a
reasonable period of time after which the new terms will take effect. If
you disagree with our changes, then you should stop using our Services
within the designated notice period. Your continued use of our Services
will be subject to the new terms. However, any dispute that arose before
the changes shall be governed by the Terms that were in place when the
dispute arose.

4. Jurisdiction and Applicable Law

Any access to or use of our Services will be governed by the laws of the
state of Colorado, U.S.A., excluding its conflict of law provisions, and
the proper venue for any disputes arising out of or relating to any of
the same will be the state and federal courts located in Boulder County,
Colorado.

5. Limitation of Liability

Walk Around Waneka Productions shall have no liability for any failure
or delay due to matters beyond their reasonable control. The foregoing
shall not apply to the extent prohibited by applicable law.

6. General Representation and Warranty

You represent and warrant that (i) your use of our Services will be in
strict accordance with a Walk Around Waneka Production Privacy
Policy, with this Agreement, and with all applicable laws and
regulations (including without limitation any local laws or regulations
in your country, state, city, or other governmental area, regarding
online conduct and acceptable content, and including all applicable laws
regarding the transmission of technical data exported from the United
States or the country in which you reside) and (ii) your use of our
Services will not infringe or misappropriate the intellectual property
rights of any third party.

7. US Economic Sanctions

You expressly represent and warrant that your use of our Services and or
associated services and products is not contrary to applicable U.S.
Sanctions. Such use is prohibited, and Walk Around Waneka Productions
reserves the right to terminate accounts or access of those in the event
of a breach of this condition.

8. Indemnification

You agree to indemnify and hold harmless Walk Around Waneka Productions,
its contractors, and its licensors, and their respective directors,
officers, partners, employees, and agents from and against any and all
claims and expenses, including attorneys’ fees, arising out of your use
of our Services, including but not limited to your violation of this
Agreement.

9. Translation

These Terms of Service were originally written in English (US). We may
translate these terms into other languages. In the event of a conflict
between a translated version of these Terms of Service and the English
version, the English version will control.

10. Miscellaneous

This Agreement constitutes the entire agreement between Walk Around
Waneka Productions and you concerning the subject matter hereof, and it
may only be modified by a written amendment signed by an authorized
administrator of a Walk Around Waneka Production, or by the posting by a
Walk Around Waneka Production of a revised version. If any part of this
Agreement is held invalid or unenforceable, that part will be construed
to reflect the parties’ original intent, and the remaining portions will
remain in full force and effect. A waiver by either party of any term or
condition of this Agreement or any breach thereof, in any one instance,
will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that
consents to, and agrees to be bound by, its terms and conditions; a
Walk Around Waneka Production may assign its rights under this Agreement
without condition. This Agreement will be binding upon and will inure to
the benefit of the parties, their successors and permitted assigns.

NOTE

a Walk Around Waneka Production has adapted this Terms of Service
document from the document provided by WordPress.com (Automattic). It is
distributed under the terms of the
Creative Commons BY-SA
4.0