Hello and welcome to our website. On behalf of all of us at Associated Services for the Blind & Visually Impaired,
(also referred to as "ASB," "we," or "us"
herein), thank you for your interest in our products.
The following are the terms of a legal agreement ("Agreement")
between you and ASB. By accessing, browsing, and/or using this
website ("Site"), you acknowledge that you have read, understood
and agree to be bound by these terms and to comply with all applicable
laws and regulations, including United States Copyright and Trademark
laws. If you do not agree to these terms, please do not use this Site.
ASB reserves the right to change, modify, add or remove portions
of this Agreement at any time. Please check these terms periodically
for changes. You agree that each time you visit our Site, you shall
be subject to and bound by the current terms of this Agreement.
This Site is operated by ASB from its offices within the State
of Pennsylvania, United States of America. ASB makes no representations
that materials in this Site are appropriate or available for use in
other locations. Those who choose to access this Site from other locations
do so on their own initiative and are responsible for compliance with
applicable local and national laws.
In the event that you download software from this Site, the software,
including any files, images incorporated in or generated by the software,
and data accompanying the software (collectively, the "Software"),
are licensed to you by ASB. ASB does not transfer title
to the Software to you. You own the medium on which the Software is
recorded, but ASB, product authors, publishing houses, etc, retains full and complete title to the Software
itself, and all intellectual property rights therein. You may not redistribute,
sell, decompile, reverse-engineer, disassemble, or otherwise reduce
the Software to a human-perceivable form.
You may download one copy of the information contained in this website
(the "Materials") on a single computer for your personal,
non-commercial internal use only. This is a revocable license, not a
transfer of title, and is subject to the following restrictions: you
may not (a) modify the Materials or use them for any commercial purpose,
or any public display, performance, sale or rental; (b) decompile, reverse
engineer, or disassemble the Materials; (c) remove any copyright, trademark
registration, or other proprietary notices from the Materials; or (d)
transfer the Materials to another person.
The trademarks and service marks ("Trademarks") used or displayed
on this Site are registered and unregistered trademarks of ASB,
unless otherwise noted. Nothing in this Site should be construed as
granting -- by implication, estoppel, or otherwise -- any license or
right to use any Trademarks displayed on the Site without the express
written permission of ASB or the trademark owner. The name "Buzz
Tools, Inc." or "ASB" or any of ASBís logos
may not be used in any way without ASBís prior written consent.
Other products and company names mentioned herein may be the trademarks
of their respective owners.
You may use ASBís logo as the prompt for "hot" links
from other websites to this Site, provided that any such hot link explicitly
is conditioned on the userís understanding and agreement that entry
into this Site, in every instance, is subject to all the terms and conditions
of this Agreement.
Any linking to this Site must in each instance be directed to the "home
page" or entry portal page of this Site. In no instance is linking
permitted directly to locations embedded within this Site.
ASB disclaims and forever waives any and all responsibility
for the contents of any site hot linked to this Site, and assumes no
responsibility, and shall not be liable for any damages to, or viruses
that may infect, your computer equipment or other property on account
of your access to, use of, or browsing in this Site or any linked site
or any downloading of a linked site.
ASB reserves the right to revoke this limited license to use
ASBís logo for purposes of hot linking to this Site and may revoke
any authority to link to this Site at any time and under any conditions
deemed appropriate by ASB, in its sole discretion. In the event
of such revocation, the linking party shall remove the hypertext link
to the Site with three (3) days of such revocation. Any such revocation
shall be effective upon dispatch by ASB.
The indemnity provisions set forth below apply in full measure to any
linked site, and any person or entity linking to this Site shall indemnify
and hold harmless ASB from any claim arising from or relating
to the linked site.
"Forum" means an on-line forum or e-mail function offered
as part of this Site. It is our policy to respect the privacy of all
visitors. Therefore, we will not monitor, edit, or disclose the contents
of a visitorís e-mail unless required in the course of normal maintenance
of this Site and its systems or unless required to do so by law or in
the good-faith belief that such action is necessary to: (1) comply with
the law or comply with legal process served on ASB; (2) protect
and defend the rights or property of ASB; or (3) act in an emergency
to protect the personal safety of our guests or the public. Guests shall
remain solely responsible for the content of their messages.
By uploading materials to any Forum or submitting any materials to
us, you automatically grant (or warrant that the owner of such rights
has expressly granted) us a perpetual, royalty-free, irrevocable, nonexclusive
right and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from and distribute such materials or incorporate
such materials into any form, medium, or technology now known or later
developed throughout the universe. In addition, you warrant that all
so-called moral rights in those materials have been waived.
This Agreement spells out the necessary terms governing your usage of content
and materials originating from the Associated Services for the Blind &Visually
Impaired herein referred to as ASB. Please read the statements below as your
membership application cannot be processed without accepting the following terms:
Any specialized information, materials and services provided by ASB is solely intended for
the benefit of a person with a bona fide print or reading disability.
I acknowledge that any content provided through this membership will not be shared with
others whether they are qualified or not. Content may be adapted to an individualsí personal
needs, but it cannot be distributed to other individuals or organizations. If I am acting
on behalf of an organization, the person applying for this membership is responsible for
informing any clients or students that they are not allowed to share content.
understand there will be consequences for misuse of any copyright
materials, including the termination of this account. Publishers
and authors have not waived any of their legal rights under
copyright or other laws by permitting the distribution of materials
owned by them to people with disabilities. Violations of copyright
law and the terms of this Agreement shall subject you and other
people committing such violations to civil and criminal liability.
You agree to
defend, indemnify, and hold harmless ASB, its officers, directors,
employees, and agents from and against any claims, actions, or
demands, including without limitation reasonable legal and
accounting fees, arising from your use of the materials or your breach
of the terms of this Agreement.
circumstances, including, but not limited to, negligence, shall ASB
be liable for any special or consequential damages that result
from the use of, or the inability to use, the materials in this
site, even if ASB or its authorized representative has been advised
of the possibility of such damages. In no event shall ASBís total
liability to you for all damages, losses, and causes of action
(whether in contract, tort, or otherwise) exceed the amount paid by
you, if any, for accessing this site.
acknowledge that some of the materials provided by ASB may include adult
content as well as textual and formatting errors. If I am
acting on behalf of an individual who is under the age of 18, I am
personally responsible for reviewing and restricting what content
this individual accesses.
If I am acting on behalf of an organization, I will be responsible for regularly maintaining my roster of Members. Organizations
must keep a record of the clients or students who are given access
to copyright materials. Once downloaded, content must be delivered
to the Member for whom it was downloaded and any remaining copies
must be deleted by the non-authorized user.
acknowledge that this account is for my use only, and will not
share my primary password with anyone else unless itís a caregiver,
teacher, parent or guardian who agrees to use it solely to help
download or access information or materials.
acknowledge that ASB has the right to insert digital fingerprints and
watermarks in the content I download, as well as store this
information in a secure database in order to track copyright
violations. I agree that I wonít remove any of the inserted
fingerprints or watermarks.
Information Collection: ASB
is the sole owner of the information collected from this website
and does not share any information with advertisers, merchants, or
any other third party. We however, are not responsible for the
information collected or privacy policies for sites that link you
outside of ASB.
At any particular
time, ASB will conduct contests for members. Member participation
for these contests is voluntary, and in no way requires any
personal information to be given out when choosing not to enter in
the contest. Collected information may include contact information
and demographic information, such as name, e-mail, address, state,
etc. This information will be used to notify the winners and award
Changes of Membership: If
and when our membership policies change, visitors with Memberships
in our databases will be notified of the changes, and they will be
directed to a link to view any changes. If a member decides that
our terms for membership no longer benefit them, they can use the
opt-out option at anytime. You will have the option to decline
these changes and elect to terminate your account if for any reason
you do not agree with the proposed changes.
You agree that each time you visit our site, you shall be subject to and bound by the current terms of any Agreement.
ASB reserves the
right to terminate membership at any time if, in ASBís sole
discretion and judgment, you fail to comply with any term or
provision of membership requirements. Our DAISY books are watermarked to help us better comply with the copyright rules as set forth
under the Chaffee Amendment. If we find that our books are being shared illegally, we are obligated to report the purchaser's name to
other DAISY book producers as well as the Department of Visual Services in the state where the purchaser resides. The purchaser's account
will be disabled.
content retained by you after the termination of your membership is
still subject to the restrictions on use imposed by copyright laws.
shall be governed bcordance with the laws of
the State of Pennsylvania, irrespective of any applicable conflicts
of law principles. If any provision of this Agreement is ruled to
be unlawful, void, or otherwise unenforceable, then that provision
shall be deemed severable from this Agreement and shall not affect
the validity and enforceability of any remaining provisions.
As a person with a
qualifying disability or operating on behalf of an organization that is
representing a person with a qualifying disability, I hereby acknowledge
my understanding of the terms of membership and agree to all the terms
and conditions set forth.
"Sharing Pages" mean the on-line design pages offered as
part of this Site. Contributors to the Sharing Pages shall remain solely
responsible for ensuring that the designs they contribute for inclusion
to the ASB Sharing pages are not the copyrighted material of
any other party.
Please be advised that ASB does not scrutinize or review, in
any manner or form, designs that are posted on the Sharing Pages and
neither claims nor warrants that designs found on the Sharing Pages
are original or the property of the party making the submission. If
an issue of copyright infringement is brought to ASB attention,
however, ASB will not post and will remove without warning, any
material that is identified as copyrighted by a party other than the
contributor. Contributors shall remain solely responsible for any copyright
infringement that may occur as a result of their contributions.
By downloading designs from the design sharing pages, you acknowledge
that the rights to the designs themselves remain with the individual
contributors and that you may not transfer the designs to another party
without first getting the written permission of the contributor nor
shall you sell them in any form. Buying, selling, trading or transferring
copies of these designs is in violation of copyright law. You may stitch
any or all of the designs in any way your choose and you may keep, sell
or give away the items that you yourself have sewn but you do not own
the designs. Ownership of the designs remains with the contributor.
We appreciate hearing from our customers and welcome your comments
regarding ASBís products and this Site. Please be advised, however,
that ASBís company policy does not permit us to accept or consider
creative ideas, suggestions, inventions or materials other than those
which we have specifically requested. While we do value your feedback
on our service and products, please be specific in your comments regarding
our services and products and do not submit creative ideas, inventions,
suggestions or materials.
If, despite our request, you send us creative suggestions, ideas, drawings,
concepts, inventions, or other information (collectively the "Information"),
the Information shall be the property of ASB. None of the Information
shall be subject to any obligation of confidence on the part of Buzz
Tools, and ASB shall not be liable for any use or disclosure
of any Information. ASB shall own exclusively all now known or
later discovered rights to the Information and shall be entitled to
unrestricted use of the Information for any purpose whatsoever, commercial
or otherwise, without compensation to you or any other person who submitted
This Site contains links to sites which are not maintained by Buzz
Tools. While we try to include links only to those sites which are in
good taste and safe for our visitors, we are not responsible for the
content or accuracy of those sites and cannot guarantee that sites will
not change without our knowledge. The inclusion of a link in this Site
does not imply ASBís endorsement of the linked site. If you decide
to access linked third-party websites, you do so at your own risk.
THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY. THE MATERIALS AND INFORMATION
FOUND ON THIS SITE ARE PROVIDED "AS IS," WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH
OR IN CONNECTION WITH THIS SITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT.
ASB DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. ASB DOES NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE
OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU (AND NOT ASB) ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW
MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU.
This disclaimer of liability applies to any damages or injury caused
by any failure of performance, error, omission, interruption, deletion,
defect, delay in operation or transmission, computer virus, act of God,
communication line failure, theft or destruction or unauthorized access
to, alteration of, or use of record, whether for breach of contract,
tortious behavior, negligence, or under any other cause of action.
You specifically acknowledge that ASB is not liable for your
defamatory, offensive, infringing or illegal materials or conduct or
that of third parties, and ASB reserves the right to remove such
materials from this Site without liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE, SHALL ASB BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS
IN THIS SITE, EVEN IF ASB OR ITS AUTHORIZED REPRESENTATIVE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. IN NO EVENT SHALL ASBís TOTAL LIABILITY TO YOU FOR
ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT,
OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS
ASB may terminate this license at any time if, in ASBís
sole discretion and judgment, you fail to comply with any term or provision
of this Agreement, Upon termination, you shall destroy any materials
obtained from this Site and all copies thereof, whether made under the
terms of this Agreement or otherwise.
This Agreement shall be governed by and construed in accordance with
the laws of the State of Pennsylvania, irrespective of any applicable
conflicts of law principles. If any provision of this Agreement is ruled
to be unlawful, void, or otherwise unenforceable, then that provision
shall be deemed severable from this Agreement and shall not affect the
validity and enforceability of any remaining provisions. This is the
entire Agreement between you and ASB relating to the subject
of this Site. You agree that no joint venture, partnership, employment
or agency relationship exists between you and ASB as a result
of this Agreement or use of this Site.
You agree to defend, indemnify, and hold harmless ASB, its officers,
directors, employees, and agents from and against any claims, actions,
or demands, including without limitation reasonable legal and accounting
fees, arising from your use of the materials or your breach of the terms
of this Agreement. ASB shall provide notice to you of any such
claim, suit, or proceeding and shall assist you, at your expense and
in ASBís discretion, in defending any such claim, suit or proceeding.
Any dispute arising with respect to this Agreement shall be resolved
by negotiation between the parties or, if necessary, by resort to an
appropriate federal or state court located in Pennsylvania. You expressly
waive and are estopped from asserting any right to pursue any claim
against ASB relating to this Agreement in any forum or venue
located outside of Pennsylvania. In the event of the filing of any such
claim, you stipulate to the transfer of the filing to any appropriate
or available forum or court in Pennsylvania, at ASBís sole discretion.
Use of this Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these terms and conditions, including, without
limitation, this paragraph.
Once again, thank you for your interest in ASB. We hope that
you find this Site interesting and enjoyable.