Welcome to Anna Pavlova Online at www.Anna-Pavlova.net (Site) which is owned by Charles Alan Owen. (CAO). This Site is operated by CAO and materials on the Site are owned, for the most part, by CAO. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, some other form of agreement between the third party, or under the Fair Use provisions of U.S. Copyright law (See Video Clip Fair Use Policy).
CAO reserves the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.
If you become aware of misuse of this Site by any person, please contact the Site Administrator with your concerns.
Because this website is built to benefit Anna Pavlova, Anna may also enforce this agreement.
Access and Use
All materials contained in this Site are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.
The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is strictly prohibited unless you have obtained the prior written consent of CAO or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other Web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site can be made by contacting CAO in writing at:
439 Foreside Road
Topsham, ME 04086
You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, images, photos, video media, fonts, icons, link buttons, wallpaper, desktop themes, and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
Bulletin Boards and Chat Rooms
You are welcome to post, transmit or submit messages and other materials (which include uploading files, inputting data or any other materials or engaging in any form of communication in connection with this Site) (collectively Messages) to bulletin boards, comment forms, chat rooms or other public areas within, or in connection with, this Site (collectively Forums). However, CAO accepts no responsibility whatsoever in connection with or arising from such Messages.
CAO does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by CAO prior to posting and do not necessarily reflect the opinions or policies of CAO. CAO makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, CAO reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time.
CAO assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time CAO chooses, in its sole discretion, to monitor the Forums, CAO nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that CAO accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the Site by any other person.
You agree that you will not submit Messages to Forums that:
are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
violate the copyright, trademark or other intellectual property rights of any other person. By submitting Messages to Forums, you represent to CAO that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner;
improperly assume or claim the identity, characteristics or qualifications of another person;
are for purposes of spamming;
contain any virus or other harmful component;
are libelous, or an invasion of privacy or publicity rights or any other third party rights;
or are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations.
You agree that any Message whatsoever submitted by you becomes the property of CAO and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as CAO sees fit.
You agree to release CAO, and its affiliates from any and all liability and obligations whatsoever in connection with or arising from your use of Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.
For each message submitted to Forums which violate this agreement, you agree to pay liquidated damages in the amount of $10 per post.
Disclaimer of Liability and Warranties
While CAO does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk.
The Site, and all materials in this Site, are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that CAO DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable.
You acknowledge that CAO, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, IS NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.
You acknowledge that CAO is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.
You acknowledge that CAO is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.
You agree to defend, indemnify and hold harmless CAO, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
CAO reserves the right to immediately terminate your use of, or access to, this Site at any time if CAO decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that CAO considers to be inappropriate or unacceptable.
If you believe that any material contained in this Site infringes your copyright, you should notify CAO of your copyright infringement claim in accordance with the following procedure. CAO will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws.
You agree to consent to the jurisdiction of the state courts of the State of Maine, Sagadahoc County, and the United States District Court for the District of Maine in all disputes and matters arising under this Agreement, any claim relating to this website, and out of your use of this website. You agree that this agreement shall be governed by, construed and enforced in accordance with, the laws of the State of Maine, without regard to any conflict of law principles. In the event that any suit or action is instituted to enforce any provision in this agreement, CAO, or Anna, shall be entitled to all costs and expenses of maintaining such suit or action, including reasonable attorneys’ fees. This contract shall inure to the benefit of and be binding upon the parties hereto.