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TERMS OF USE
Please read these Terms Of Use carefully before using this
site. By using this site, you are agreeing to these Terms
Of Use. If you do not agree with any of the below Terms
Of Use, do not use this site.
A SPECIAL NOTE FOR PARENTS CONCERNING PRIVACY
Scalliwags makes a special effort to encourage children
to consult with their parents before furnishing data. However,
Scalliwags believes that parents should supervise their
children's online activities and consider using parental
control tools available from online services and software
manufacturers that help provide a kid-friendly online environment.
These tools can also prevent children from disclosing online
their name, address, and other personal information without
parental permission. For additional information about parental
control tools, please consult http://www.icra.org/_en/parents/.
We do not seek to acquire information specifically from
children under the age of 13 on the Scalliwag web site.
PRIVACY
Scalliwags is very respectful of the privacy concerns of
the visitors to this site on the Internet. As a general
policy, no personal information is automatically collected
from visitors to its sites. However, certain non-personal
information of visitors is recorded by the standard operation
of Scalliwag Internet servers. This information is primarily
used to provide an enhanced online experience for the visitor.
Information tracked includes the type of browser being used
by the visitor (e.g., Netscape, Internet Explorer), the
type of operating system (e.g., Macintosh, Windows) in use
by the visitor and the domain name of the visitor's Internet
service provider (e.g., America Online, Earthlink) . By
having this information, web pages optimized for a particular
visitor's computer is automatically available to that visitor.
Other uses of this information include internal review of
the number of visitors to the sites but only in an aggregate
and non-personally-identifiable form. E-mail addresses and
other personally identifiable data about visitors to this
site are known to Scalliwags only when voluntarily submitted.
HOW WE USE PERSONAL INFORMATION PROVIDED BY VISITORS
Through our site we may receive names, email addresses,
email content, ages, billing information, parental contact
information, shipping information, or other information
that visitors voluntarily provide. This information may
be retained by Scalliwags but is not sold or otherwise transferred
outside the company.
With certain functions and features like our Book Now and
Contact Forms, information is utilized for the purpose of
completing the function and then all contact information
is deleted from our electronic databases.
We may from time to time use e-mail addresses and other
personally identifiable information to contact visitors
who communicate with us, such as receiving our e-mail newsletters
or being notified if they have won one of our contests or
prizes. Every e-mail sent in this manner will contain instructions
on how to unsubscribe from future mailings and change the
information that is contained in that individual's profile.
Although we do not seek to collect information from children,
parents may, after providing proper parental identification,
request to review, update, or delete their own child's information
that may have been submitted. You may request us to do so
by emailing us at: info@scalliwags.com.
Appropriate physical, electronic, and managerial procedures
have been put in place to protect the integrity and security
of all information we obtain.
This information is used to better understand how visitors
use our site and to support transactions made on the sites.
An overview of this data (i.e. number of users, usage patterns,
etc.) may be provided to other parties for marketing, advertising
or other uses.
Many web sites, including this one, place a "cookie" in
the browser files of your computer. The cookie itself does
not contain any personally identifying information. Although
the cookie could enable someone to relate a user's use of
a Scalliwags site to information that the user has specifically
and knowingly provided, Scalliwags does not do this. We
use preferences to provide you choices in the way you interact
with the service and in the way that your information is
used.
LINKED SITES/RELATED SITES
Scalliwags is not responsible for the content of any linked
sites posted on the Scalliwags' web site. The linked sites
are for your convenience only and you access them at your
own risk.To provide certain animated features on our site,
we use Macromedia Shockwave, Macromedia Flash, Adobe Acrobat,
and Apple's QuickTime ActiveX plugins, which will automatically
prompt you for download if your browser does not contain
the latest version. Macormedia, Adobe, and Apple use the
information collected through these applications according
to their own privacy and security policies, which can be
further evaluated at: http://www.macromedia.com/, http://www.apple.com/quicktime/
and http://www.adobe.com/.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This site is controlled and operated by Scalliwags, 330
Corporate Park, Pembroke, MA 02359. The Phone number is
781-826-9247. Email address mailto: info@scalliwags.com.
All materials on this site, including, but not limited to
images, illustrations, audio clips, and video clips, are
protected by copyrights which are owned and controlled by
Scalliwags or by other parties that have licensed their
material to Scalliwags. ("Copyrights"). Material from www.scalliwags.com
or any web site owned, operated, licensed or controlled
by Scalliwags may not be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any way.
Modification of the materials or use of the materials for
any other purpose is a violation of the copyrights and other
proprietary rights. For purposes of this Terms of Use Agreement,
the use of any such material on any other web site or networked
computer environment is prohibited.
Warranties
DISCLAIMER
Materials on the Scalliwags' web site are provided "as is"
and without warranties of any kind either express or implied.
To the fullest extent permissible pursuant to applicable
law, Scalliwags disclaims all warranties, express or implied,
including, but not limited to, implied warranties of merchantability
and fitness for a particular purpose. Scalliwags does not
warrant that the functions contained in the materials will
be uninterrupted or error-free, that defects will be corrected,
nor the server that makes them available are free of viruses
or other harmful components. Scalliwags does not warrant
or make any representations regarding the use or the results
of the use of the materials in Scalliwags Web Sites in terms
of their correctness, accuracy, reliability, or otherwise.
You (and not Scalliwags) 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. Material on the Scalliwags
web site is provided solely for entertainment and promotional
purposes.
Any notes, message/billboard postings, ideas, suggestions,
concepts or other material submitted will become the property
of Scalliwags throughout the universe andScalliwags, subject
only to the privacy portions of this statement controlling
the use of personally identifiable information, shall be
entitled to use the material for any type of use forever
including in any media whether now known or hereafter devised.
You agree to indemnify Scalliwags and its officers, directors,
employees, agents, distributors and affiliates from and
against any and all third party claims, demands, liabilities,
costs, or expenses, including reasonable attorney's fees,
resulting from your breach of any of the foregoing agreements,
representations, and warranties.
E-MAIL AND POSTINGS RECEIVED
Do not post any threatening or libelous e-mails or material
on this site that would be considered a violation of any
law. Scalliwags will fully cooperate with any law enforcement
authorities or court order requesting or directing Scalliwags
to disclose the identity of anyone posting any such e-mails
or materials.
JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in Scalliwags'
web site are presented solely for the purpose of entertainment
and promotion. This site is controlled and operated by Scalliwags
from its offices within the Commonwealth of Massachusetts,
United States of America. Scalliwags makes no representation
that materials in Scalliwags' web 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 local
laws, if and to the extent local laws are applicable. This
agreement shall be governed by, construed and enforced in
accordance with the laws of the Commonwealth of Massachusetts,
as it is applied to agreements entered into and to be performed
entirely within such Commonwealth. Any action you, any third
party or Scalliwagsbring to enforce this agreement or, in
connection with, any matters related to this site shall
be brought only in either the Commonwealth or Federal Courts
located in Boston, Massachusetts and you expressly consent
to the jurisdiction of said courts. If any provision of
this agreement shall be unlawful, void, or for any reason
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 the parties relating to the matters
contained herein and shall not be modified except in writing,
signed by Scalliwags.
Except for disputes regarding the collection and use of
personally identifiable information, which may be processed
through the BBBOnLine Privacy Dispute Resolution Service,
this agreement shall otherwise be governed by, construed
and enforced in accordance with the laws of the Commonwealth
of Massachusetts, as it is applied to agreements entered
into and to be performed entirely within such Commonwealth.
Any action you, any third party or Scalliwags bring to enforce
this agreement or, in connection with, any matters related
to this site shall be brought only in either the Commonwealth
or Federal Courts located in Boston, Massachusetts and you
expressly consent to the jurisdiction of said courts. If
any provision of this agreement shall be unlawful, void,
or for any reason 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 the parties relating
to the matters contained herein and shall not be modified
except in writing, signed by Scalliwags.
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