Terms of Use

All textual, graphical and other content appearing on Web sites within any domain owned by Chimney Balloon USA ("Web Sites"), including but not limited to Chimneyballoon.us  and Chimneyballoonusa.com, are the property of Chimney Balloon USA, Co. Copyright 1995-2009 Chimney Balloon USA, 706 Brooks Rd Mauldin, SC 29662 USA. All Rights Reserved.

You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Chimney Balloon USA. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any copyright, trademark or other intellectual property of Chimney Balloon USA or any third party, except as expressly provided herein.

These Web Sites may contain links to or be accessed through links on Web sites of other institutions, individuals or groups. Chimney Balloon USA does not have responsibility for the contents, availability, operation or performance of any other sites, to which these Web Site may be linked or from which these Web Sites may be accessed.

Reference to any product, process, publication, service, or offering of any third party by trade name, trademark, manufacturer or otherwise does not necessarily constitute or imply the endorsement or recommendation of such by Chimney Balloon USA.

Access to these Web Sites is monitored. The requesting URLs, the machine originating the request, and the time of the request are logged for access statistics and security purposes. Use of these Web Sites constitutes consent to such monitoring. These Web Sites may be unavailable from time to time due to mechanical, telecommunication, software, hardware and third-party vendor failures. Chimney Balloon USA cannot predict or control when such downtime may occur and cannot control the duration of such downtime.

Notwithstanding the above, you acknowledge that Chimney Balloon USA does not prescreen content, but that Chimney Balloon USA and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via these Web Sites.  Without limiting the foregoing, Chimney Balloon USA and its designees shall have the right to remove any content that violates the policies of Chimney Balloon USA or is otherwise determined to be objectionable by Chimney Balloon USA in its sole discretion.

Reasonable efforts are taken to ensure the accuracy and integrity of information and related materials provided by Chimney Balloon USA on these Web Sites, but Chimney Balloon USA is not responsible for misprints, out-of-date information, technical inaccuracies, typographical or other errors appearing on these Web Sites, or any other Web site containing information about Chimney Balloon USA. Information and related materials are subject to change without notice. These Web Sites and all information and related materials it contains are provided "as is." By using these Web Sites, you assume the risk that the information and materials on these Web Sites may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.

Chimney Balloon USA reserves the right, at its sole and absolute discretion, to make changes in these Terms and Conditions at any time without notice. Your continued use of these Web Sites after any such changes signifies your acceptance of the Terms and Conditions as revised.

DMCA Notice

Some features of this Web Site permit users to post user-supplied content, which may include copyrighted works. Chimney Balloon USA disclaims all responsibility for any user-supplied content posted on this Web Site. Copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to Chimney Balloon USA if they have a good-faith belief that their protected works are being infringed. Chimney Balloon USA will respond to all such notifications that are sent via surface mail, courier, or fax to:

Chimney Balloon USA
Attn: Webmaster
2123 N Pontiac Drive
Janesville, WI 53545
Fax: (206) 984-4611

Please write "Infringing Content" on the envelope or fax cover sheet to speed up processing of your request. To be effective, your notification to us must be in writing and include:

1. A physical signature of the owner of an exclusive right that is allegedly infringed, or of a person authorized to act on behalf of the owner;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Chimney Balloon USA to locate the material;
4. Information reasonably sufficient to permit Chimney Balloon USA to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of such notification, Chimney Balloon USA shall promptly investigate the matter, and, if appropriate, remove or disable access to the allegedly infringing material. After Chimney Balloon USA removes or disables access to such material, Chimney Balloon USA will notify the party who posted the allegedly infringing material of its action. The party may then provide the Chimney Balloon USA designated agent proper "counter-notification" stating his or her authority to post the allegedly infringing material, which Chimney Balloon USA will forward to the alleged copyright owner.

An effective counter-notification must be sent via surface mail, courier, or fax to the Chimney Balloon USA agent designated above. The counter-notification must be in writing and include the following information:

1. The party's name, address, and telephone number;
2. The party's physical signature;
3. Identification of the material that has been removed or disabled and the location where the material was before its removal or disablement;
4. A statement, under penalty of perjury, that the party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
5. A statement that the party consents to the jurisdiction of the United States District Court in his or her district, or if the party resides in a foreign country, that he or she consents to jurisdiction in any United States District Court where Chimney Balloon USA is subject to jurisdiction, and that the party will accept service if process originates from the alleged copyright owner who provided Chimney Balloon USA with notification, or from an agent of such a person.

Upon receipt of effective counter-notification, Chimney Balloon USA will inform the alleged copyright owner that Chimney Balloon USA will re-post the removed material or cease disabling access to it in ten (10) to fourteen (14) business days unless the alleged copyright owner sends a second notification to the Chimney Balloon USA agent designated above, stating that it has filed suit against the alleged infringer.


 

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