1.1 Your relationship is with ZOOMcatalog LLC, a United States company, and you agree to be bound by the laws of Colorado and the laws of the United States.
1.4 If there is any conflict between the General Terms and the Additional Terms, then the Additional Terms take precedence in relation to that Service. The General Terms and any applicable Additional Terms and all other documents incorporated by reference in these General Terms are referred to as the "Terms".
1.5 ZOOMcatalog may change the Terms at its sole discretion. If we change the Terms, then we will make a new copy available at www.zoomcatalog.com and www.zoomcustom.com. Your use of the Services is subject to the most current version of the Terms at the time of such use.
2.1 "Account Information" means the information you provide to ZOOMcatalog when you register for a service, including your ZOOMcatalog and ZOOMcustom ID and log-in information.
2.2 "Intellectual Property Rights" means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, and any other intellectual and proprietary rights.
2.3 "Law" means any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction, such as any laws regarding the export of data or software to and from the United States or other applicable countries.
2.4 "Make Available" means to email, post, transmit, upload, or otherwise make available through your use of the Services.
2.5 "Marks" means the trademarks, logos and service marks displayed on the Services.
2.6 "Materials" means any materials provided by ZOOMcatalog and any User Content, including, without limitation, any (a) catalogs, information, data, documents, images, photographs, graphics, audio, videos, or webcasts, (b) products, and (c) Software.
2.7 "Service Materials" means Materials other than Your Content.
2.8 "Shared Content" means the User Content that you or other Users share through the Services.
2.9 "Software" means ZOOMcatalog software code and associated documentation, including without limitation any social, mobile and tablet applications related to the Services, content files, drivers, patches, or fonts.
2.10 "User" means a user of the Service including suppliers and distributors.
2.11 "User Content" means (a) Your Content and (b) Shared Content uploaded by other Users including supplier and distributor content.
2.12 "Your Content" means any Materials that you make Available through your use of the Services including supplier and distributor content.
2.13 "Your Shared Content" means Your Content that you choose to make into Shared Content including supplier and distributor content.
3.1 You may not use the Services if you do not agree to the Terms. You may accept the Terms (a) by selecting "I agree" to these Terms, (b) by using the Services in any way, such as downloading or uploading any Materials made available via the Services by ZOOMcatalog, you, or other Users, or (c) by merely browsing the Services.
3.2 You may not use the Services if (a) you are prohibited by Law from receiving or using the Services, (b) you are not fully able and competent to enter into a binding contract with ZOOMcatalog, such as if you are not of legal age or have not obtained parental consent. In particular, unless expressly stated otherwise in the Additional Terms for any given Service, you affirm that you are over the age of 13 and acknowledge that these Services were not intended for children under 13.
3.3 ZOOMcatalog may require you to provide consent to the updated Terms before further use of the Services is permitted. Otherwise, your continual use of any Service constitutes your acceptance of the changes.
5.1 Services and ZOOMcatalog Materials. The Services and Materials, and their selection and arrangement, are protected by Intellectual Property Rights. Except as expressly provided in the Terms, ZOOMcatalog and its licensors do not grant any express or implied rights to use the Services and Materials. All rights, title and interest in the Service and Materials, in all languages, formats and media throughout the world, are and will continue to be the exclusive property of ZOOMcatalog and/or its licensors and nothing in the Terms shall be construed to confer any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights, to you or any third party.
5.2 Trademarks. The Marks are the property of ZOOMcatalog or other rights holders. You are not permitted to use the Marks without the prior consent of ZOOMcatalog or the rights holder. ZOOMcatalog and the ZOOMcatalog logo are trademarks of ZOOMcatalog LLC.
5.3 Your Content. If you are an individual User, then you own all right, title, and ownership to Your Content. If you are using and accessing the Services and Materials through an account purchased by someone else (such as an employer or a client), then the person who paid for the account retains all right, title, and ownership to Your Content. For example, if you are using Services provided by your employer, then your employer (not you) owns Your Content.
6. Use of Services and Materials.
(d) You may not copy or imitate part or all of the design, layout, or look-and-feel of the Service, which are protected by Intellectual Property Rights.
6.2 You agree to use the Services and the Materials only as permitted by the Terms and any Law.
6.3 You acknowledge and agree that certain Services and Materials may be available only if you have paid a fee or have provided certain Account Information.
6.4 ZOOMcatalog uses reasonable efforts to make the Services available 24 hours a day, 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and repairs, or as a result of failure of telecommunications links and equipment that are beyond our control. ZOOMcatalog will take reasonable steps to minimize such disruption, to the extent it is within our reasonable control. Services will be offered using the English language.
6.5 ZOOMcatalog may modify or discontinue, temporarily or permanently, the Services or Materials, or any portion thereof, with or without notice. You agree that ZOOMcatalog shall not be liable to you or anyone else if we do so.
(a) Subscription Fees. Certain Services require you to purchase a subscription or membership in order to access all or part of such Services. Subscription Fees are non-refundable, except as otherwise stated in specific subscription terms applicable to a Service. Subscription Fees may change at the end of your subscription period.
(b) You are responsible for paying all taxes levied in connection with your use of the Services. Your Credit Card Company or bank may impose on you other fees, such as foreign exchange fees, in connection with your payment of the Subscription Fees,. Your ability to access the Services may require payment of third-party fees (such as telephone toll charges, mobile carrier fees, ISP, data plan, etc.). ZOOMcatalog has no connection to or responsibility for such fees.
(c) Collection of Subscription Fee. You agree that in the event ZOOMcatalog is unable to collect the Subscription Fees owed by you to ZOOMcatalog for the Services, ZOOMcatalog may take the steps it deems necessary to collect such Subscription Fees from you and that you will be responsible for all costs and expenses incurred by ZOOMcatalog in connection with such collection activity.
7. Account Information; Personal URL.
7.1 You agree that your Account Information will always be complete, accurate and up-to-date. It is your responsibility to keep your account password or log-in credentials confidential at all times and you are solely responsible to ZOOMcatalog for all activity that occurs via your Account. If you become aware of any unauthorized use of your account or Account Information, or any other breach of security, you agree to notify ZOOMcatalog by contacting ZOOMcatalog. ZOOMcatalog may require that you change your Account Information or certain parts of your Account Information at any time for any reason. Unless ZOOMcatalog expressly allows you the right to create and manage ZOOMcatalog IDs as an account administrator for a company or unless expressly permitted in the Additional Terms, you may not use another person's Account Information.
7.2 As part of registering for a Service, ZOOMcatalog may require you to create a unique URL, such as www..zoomcats.com/yournamehere. Such unique URL may be used solely with the Service, only for so long as you maintain a valid account and shall not be used for any other purpose. ZOOMcatalog may revoke your right to use that URL for any reason deemed appropriate by ZOOMcatalog in its sole discretion by giving you at least thirty days prior notice of such revocation, except in the event that your URL, or content therein, is determined by ZOOMcatalog in its sole discretion to contain infringing or illegal content or content that otherwise violates the Terms. In such event, ZOOMcatalog reserves the right to revoke your right to use your unique URL immediately without notice. Additionally, ZOOMcatalog owns and retains all right, title and interest in and to the use of "ZOOMcatalog," and other ZOOMcatalog property in association with a user's unique URL. Upon termination for any reason, ZOOMcatalog may permit another user to use the unique URL previously selected by you.
8.1 You agree not to access or attempt to access the Services by any means other than the interface provided by ZOOMcatalog or circumvent any access or use restrictions put into place to prevent certain uses of the Services.
(w) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section 8.2.
9.1 Storage. ZOOMcatalog provides online storage for Your Content, subject to Section 9.2 below and any Additional Terms that pay further define the scope of such storage. Unless otherwise stated in Additional Terms or a separate written agreement between you and ZOOMcatalog, ZOOMcatalog has (a) no responsibility or liability for the deletion, modification or accuracy of any Materials, safety of products, including Your Content, the failure to store, transmit or receive transmission of Materials, or the security, privacy, storage or transmission of other communications originating with or involving use of the Services.
9.2 You agree that ZOOMcatalog retains the right to create reasonable limits on the use of the Materials, including Your Content, such as limits on file size, storage space, processing capacity, as otherwise determined by ZOOMcatalog in its sole discretion.
9.3 You agree that you, not ZOOMcatalog, are entirely responsible for all of Your Content that you Make Available, whether publicly posted or privately transmitted. You assume all risks associated with use of Your Content, including any reliance on its accuracy, branding, logos, modifications, pricing, product safety, completeness or usefulness.
9.4 Settings Related to Use and Access of Your Content.
(a) Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting.
(a) For Your Shared Content that's Made Available in a public forum (such as social networks, discussion boards or public galleries that may be browsed by anyone with an internet connection, etc.), you grant ZOOMcatalog a worldwide, royalty-free, non-exclusive, transferable, and sub licensable license to adapt, display, distribute, modify, perform, publish, reproduce, translate, and use Your Shared Content for the purpose of operating and improving the Services and enabling your use of the Services. You may revoke the license and terminate ZOOMcatalog's rights at any time by having your content removed.
(b) For Your Shared Content that's Made Available in a social network, public forum or shared privately with other Users of your choosing, you grant other Users a worldwide, royalty-free, non-exclusive, transferrable, and sub licensable license to display, distribute, perform, and reproduce Your Content, subject to Section 10 of these Terms. If you join or participate in a group that allows for sharing of Your Content within the group (such as a "distributor group", then you also grant the Users within the group a license to adapt and modify Your Content that you have decided to share with such group. If you do not want to grant other Users these rights, then don't share Your Content with other Users.
(c) For Your Content that is shared privately with other Users of your choosing, you grant ZOOMcatalog a worldwide, royalty-free, non-exclusive, transferrable, and sub licensable, license to distribute, modify, publish, reproduce, translate, and use Your Content for the purpose of operating and improving the Services and enabling your use of the Services. You may revoke this license and terminate ZOOMcatalog's rights at any time by removing Your Content from the Service; provided that you agree that ZOOMcatalog may retain and use copies of Your Content for archival or "backup" purposes and pursuant to Section 15 (Investigations).
(d) You may also grant ZOOMcatalog specific or different license pursuant to the Additional Terms.
9.6 You acknowledge that the Services are automated (e.g., Your Content is uploaded using software tools) and that ZOOMcatalog personnel may not access, view, or listen to any of Your Content, except as reasonably necessary to perform the Services, including but not limited to the following: (a) respond to support requests; (b) detect, prevent, or otherwise address fraud, security, or technical issues, of view distributor logo's; (c) as deemed necessary or advisable by ZOOMcatalog in good faith to conform to legal requirements or comply with legal process; or (d) enforce these Terms, including investigation of potential violations hereof, as further described in Section 15 (Investigations).
10.1 License to Shared Content. ZOOMcatalog grants you a worldwide, royalty-free, and non-exclusive license to distribute, display, download, perform, and reproduce the Shared Content, subject to the restrictions stated in this Section 10. With respect to Shared Content Made Available in a group allowing for content sharing, ZOOMcatalog also grants you the license to adapt and modify such Shared Content. The license granted in this Section 10.1 is further limited to your personal, internal, and non-commercial purpose only.
10.2 It is your sole responsibility to determine what limitations, if any, are placed on your Shared Content. ZOOMcatalog cannot and does not monitor or control what others do with the Shared Content, nor can ZOOMcatalog prevent them from adding to, modifying or adapting the Shared Content.
10.3 You agree that ZOOMcatalog has no liability of any kind should other Users use, modify, destroy, corrupt, copy or distribute your Shared Content in violation of the limitations that you may impose on its use.
10.4 Shared Content may include personal information (such as email addresses) to facilitate your ability to share Your Content. It is your sole responsibility for any and all personal information that you or other Users used and submitted in connection with the Services. You shall comply with all data protection and privacy laws and rules applicable to the personal information of other Users.
10.5 The Services may allow you to comment on Shared Contents. Comments are not anonymous and may be viewed by other Users. Your comments may be deleted by you, other User, or ZOOMcatalog.
10.6 If you are invited by a user of the Service to participate in shared digital content editing or viewing, and you do not wish to receive email from such user or do not wish to participate, you are required to contact the person who invited you to update, correct or delete the information they provided about you.
10.7 In general, even though we might delete an account you hold with us in these types of shared editing or viewing areas, we may continue to retain information regarding your past actions with respect to content reviews, usage or sharing initiated by others.
10.8 Upon removal of Your Content from the Service or upon making your Shared Content no longer shared, ZOOMcatalog shall have a reasonable time to cease use, distribution and/or display of Your Content. However, you acknowledge and agree that ZOOMcatalog shall have the right but not the obligation to keep archived or "backup" copies of Your Content or use Your Content pursuant to Section 15 (Investigations).
11.1 Software made available via the Services or through third-party marketplaces or stores is governed by the terms of the applicable Additional Terms or the license agreement referenced in the Software. If there is any conflict between these Terms and the license agreement provided with such Software, then the license agreement shall take precedence in relation to that Software. If the Software is a pre-release version, then you are not permitted to use or otherwise rely on the Software for any commercial or production purposes, notwithstanding anything to the contrary included within an accompanying license agreement.
11.3 If no license agreement accompanies the Software that is available for download, the download and use of such Software will be governed by the terms of this Section 11.2. ZOOMcatalog grants you a personal, worldwide, revocable, limited, non-transferable, non-sub licensable, non-assignable, nonexclusive license to use the Software in the manner permitted by the Terms. For clarification, you shall not distribute, lease, rent, sell, or sublicense the Software. You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the Software. Notwithstanding the foregoing, decompiling the Software is permitted to the extent the laws of the jurisdiction where you are located give you the right to do so to obtain information necessary to render the Software interoperable with other software, provided, however, that you must first request the information from ZOOMcatalog and ZOOMcatalog may, in its discretion, either provide such information to you or impose reasonable conditions, including reasonable fees, on use of the Software to ensure that ZOOMcatalog's Intellectual Property Rights in the Software are protected. You may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. For clarity, your use of the Software is also subject to the disclaimers and limitations in Sections 13 and 14 below and your compliance with the export control provisions of Section 22.
11.4 The Software may automatically download and install updates from ZOOMcatalog. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new Software modules and completely new versions. You agree to receive such updates (and permit ZOOMcatalog to deliver these to you with or without your knowledge) as part of your use of the Services.
12. Your Warranty, Indemnification Obligation, and Waiver.
12.1 You represent and warrant that: (a) you own the Intellectual Property Rights, or have obtained all necessary license(s) and permission(s), to use Your Content in keeping with your use in connection with the Services or as otherwise permitted by the Terms; (b) you have the rights necessary to grant the license and sublicenses described in the Terms; (c) you have received consent from any and all persons depicted in Your Content to use Your Content as set forth in the Terms, including distribution, public display, public performance and reproduction of Your Content; and (d) Your Content does not violate or infringe any intellectual property right or other proprietary right, including right of publicity or privacy, of any person, company or entity, or other third party.
12.2 You agree to indemnify and hold ZOOMcatalog and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of Your Content, your use of the Services or Materials, your connection to the Services or Materials, your use and access of personal information of other Users, the actions of any member of your group, your access to or use of Sites or the Linked Sites and your connections therewith, any claim that Your Content caused damage to someone else, any dealings between you and anyone else doing business, advertising or promoting via the Services or Materials, your violation of the Terms, or your violation of any rights of another, including any Intellectual Property Rights.
12.3 You acknowledge and agree that by accessing or using the Services or Materials, you may be exposed to Materials (including Shared Group Content) from others that you may consider offensive, indecent or otherwise objectionable, and agree to accept that risk.
13.1. THE SITE, SERVICES AND MATERIALS ARE PROVIDED BY ZOOMCATALOG "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, ZOOMCATALOG AND ITS LICENSORS MAKE NO WARRANTY THAT (A) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (C) THE QUALITY OF THE SITE, SERVICES OR MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (D) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZOOMCATALOG OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
13.2. ZOOMCATALOG SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE OF OR PARTICIPATION IN ANY SERVICES AND YOUR USE OF MATERIALS. ANY MATERIAL VIEWED, RESEARNED, DOWNLOADED, MADE AVAILABLE, OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. ZOOMCATALOG ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM ANY OF THE SERVICES.
13.3. ZOOMCATALOG DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES. ZOOMCATALOG MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES. ANY DEALINGS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK.
13.4. MANAGERS, HOSTS, PARTICIPANTS, MODERATORS AND OTHER THIRD PARTIES ARE NOT AUTHORIZED ZOOMCATALOG SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF ZOOMCATALOG. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZOOMCATALOG WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. ZOOMCATALOG ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE USE, MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
13.5. ZOOMCATALOG WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
13.6. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14.1 IN NO EVENT SHALL ZOOMCATALOG, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF ZOOMCATALOG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SITE, SERVICES OR MATERIALS. NOTHING IN THE TERMS SHALL LIMIT OR EXCLUDE ZOOMCATALOG'S LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF ZOOMCATALOG OR ITS EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY.
14.2 ZOOMCATALOG'S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, LICENSORS, AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO US $100 OR THE AGGREGATE AMOUNT PAID BY YOU FOR ACCESS TO THE SERVICE DURING THE THREE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY, WHICHEVER IS LARGER. THIS LIMITATION WILL APPLY EVEN IF ZOOMCATALOG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
14.3 THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 14 APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
15.1 ZOOMcatalog, in its sole discretion, may (but has no obligation to) monitor or review the Services and Materials at any time. Without limiting the foregoing, ZOOMcatalog shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if it violates the Terms or any Law.
15.2 Although ZOOMcatalog does not generally monitor User activity occurring in connection with the Services or Materials, if ZOOMcatalog becomes aware of any possible violations by you of any provision of the Terms, ZOOMcatalog reserves the right to investigate such violations, and ZOOMcatalog may, at its sole discretion, immediately terminate your rights hereunder, including your right to use the Services, or Materials or change, alter or remove Your Content or Account Information, in whole or in part, without prior notice to you. If, as a result of such investigation, ZOOMcatalog believes that criminal activity has occurred, ZOOMcatalog reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. Except to the extent prohibited by applicable Law, ZOOMcatalog is entitled to retain and/or disclose any information or Materials, including Your Content or Account Information (or elements thereof), in ZOOMcatalog's possession in connection with your use of the Services to (a) comply with applicable Law, legal process or governmental request; (b) enforce the Terms; (c) respond to any claims that Your Content violates the Terms or rights of third parties; (d) respond to your requests for customer services; or (e) protect the rights, property or personal safety of ZOOMcatalog, its Users or third parties, including the public at large, as ZOOMcatalog in its sole discretion believes to be necessary or appropriate.
You have no obligation to provide ZOOMcatalog with ideas, suggestions or proposals ("Feedback"). However, if you submit Feedback to ZOOMcatalog, we may use it for any purpose without compensation to you.
17. Advertising and Your Content.
You agree that ZOOMcatalog may display advertisements adjacent to Your Content, and you agree that you are not entitled to any compensation. The manner, mode and extent of advertising or other revenue generating models pursued by ZOOMcatalog on or in conjunction with the Services and/or Your Content are subject to change without specific notice to you.
18. Links to Other Sites.
The Services and Materials may include links that will take you web sites or services not operated by ZOOMcatalog. Whether the link was provided by ZOOMcatalog as a courtesy, or whether it was posted by a user, ZOOMcatalog has no control over non-ZOOMcatalog web sites or services. You agree that we are not responsible for the availability or contents of any web site or service we do not operate.
19.1 Termination by You. You may stop using the Service at any time. You may terminate ZOOMcatalog's right to distribute, publicly perform and publicly display Your Shared Content by making it no longer shared. You may terminate the remainder of ZOOMcatalog's rights by removing Your Content from the Service, either by deleting it manually, or by contacting Customer Care to have your subscription cancelled, if applicable, and content deleted. To terminate your Service account contact Support. Any fees paid by you prior to your termination are not refundable. Termination of your account shall not relieve you of any obligation to pay any accrued fees or charges.
(e) There has been an extended period of inactivity in your account.
19.3 Termination or Suspension of Services. ZOOMcatalog may also terminate or suspend all or a portion of your account and/or access to the Services for any reason (subject to Additional Terms for certain Services). Except as may be set forth in any Additional Terms applicable to a particular Service, termination of your account may include: (a) removal of access to all offerings within the Services; (b) deletion of Your Content (catalogs should be kept up to date as outdated catalogs will be deleted) and Account Information, including your personal information, log-in ID and password, and all related information, files and Materials associated with or inside your account (or any part thereof); and (c) barring of further use of the Services.
19.4 You agree that all terminations for cause shall be made in ZOOMcatalog's sole discretion and that ZOOMcatalog shall not be liable to you (including suppliers) or any third party (including distributors) for any termination of your account (and accompanying deletion of your Account Information), or access to the Services and Materials, including Your Content.
19.5 Upon expiration or termination of the Terms, you shall promptly discontinue use of the Services and Materials. However, any perpetual licenses you have granted, any of your indemnification obligations hereunder, any of ZOOMcatalog's disclaimers or limitations of damages of liabilities hereunder and Sections 8-10, 12-17, 19, 23, and 24 will survive any termination or expiration of the Terms.
19.6 Upon termination of your use of the Service by you or by ZOOMcatalog for any other reason other than for cause, ZOOMcatalog will make reasonable effort to notify you at least thirty (30) days prior to termination, at the email address you provide ZOOMcatalog as part of your registration.
19.7 Except as otherwise stated in any Additional Terms and applicable subscription terms, in the event of termination by ZOOMcatalog for reasons other than breach of these Terms, ZOOMcatalog will provide notice pursuant to the General Terms and will attempt to provide you with a pro rata refund for the prepaid and unused portion of the Service (if funds permit).
20.1The Services can be accessed from countries around the world and may contain references to Services and Materials that are not available in your country. These references do not imply that ZOOMcatalog intends to announce such Services or Materials in your country.
20.2 These Services are controlled, operated and administered by ZOOMcatalog from its offices in the United States of America. ZOOMcatalog makes no representation that the Services or Materials are appropriate or available for use outside of the United States. ZOOMcatalog reserves the right to block access to the Services or Materials by certain international users. If you access the Services from a location outside the United States, then you are responsible for compliance with all local Laws.
21. Notification of Copyright Infringement.
21.1 ZOOMcatalog respects the Intellectual Property Rights of others and expects its users to do the same. ZOOMcatalog will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and its response to such notices may include removing or disabling access to the allegedly infringing content, terminating the accounts of repeat infringers, and/or making good-faith attempts to contact the user who posted the content at issue so that he may, where appropriate, make a counter-notification.
(f) A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Before you file such a notification, please carefully consider whether or not the use of copyrighted material at issue is protected by the "fair use" doctrine, as you could be liable for costs and attorneys' fees should you file a takedown notice where there is no infringing use. If you are unsure whether a use of your copyrighted material constitutes infringement, please contact an attorney. In addition, you may wish to consult publicly available reference materials.
(e) A statement that you consent to jurisdiction of the Federal District court for the district where you reside (or of Boulder County, Colorado if you reside outside of the United Sates) and that you will accept service of process from the person who provided notification under DMCA subsection (c)(1)(C) or an agent of such person.
Before you file such a counter-notification, please carefully consider whether or not the use of the copyrighted material at issue is infringing, as you could be liable for costs and attorneys' fees in the event that a court determines your counter-notification misrepresented that the material was removed by mistake. If you are unsure whether use of the material at issue constitutes infringement, please contact an attorney. In addition, you may wish to consult publicly available reference materials.
You acknowledge that the Services, Software, and Materials are subject to the U.S. export control and sanctions laws (including the Export Administration Regulations) ("Export Controls") and that you will comply with the Export Controls. You will not export or re-export the Software or Materials, directly or indirectly, to, or use the Services in connection with: (a) any countries that are subject to U.S. export restrictions (including, but not limited to, Cuba, Iran, North Korea, Sudan, and Syria), (b) any end user whom you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air vehicle systems, or (c) any end user who has been prohibited from participating in the U.S. export transactions by any federal agency of the U.S. government. In addition, you are responsible for complying with any local laws in your jurisdiction which may impact its right to import, export or use the Services, Software or Materials. If ZOOMcatalog has knowledge that a violation has occurred, ZOOMcatalog may be prohibited from providing maintenance and support for the Services, Software, or Materials.
23.1 Venue. You agree that any claim or dispute you may have against ZOOMcatalog must be resolved by a court located in Boulder County, Colorado, United States of America except as otherwise agreed by the parties, or as set forth Section 23.2 below. You agree to submit to the personal jurisdiction of the courts located in Boulder County, Colorado, United States of America when Colorado laws applies.
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Grant Wiggins | What's my job?
A good framework, but Wiggins argues that it only summarises the tasks a teacher is expected to perform and, like all measures we use to evaluate quality teaching, focuses on what teachers are supposed to do, rather than what they are supposed to accomplish.
Cause successful learning related to school, program and course goals.
Cause greater confidence, feelings of efficacy, and intellectual direction in learners.
What chapters are central to my goals, the schools vision and our standards?
Whaich chapters are not vital?
Which chapters can be skipped?
What must I do to supplement the text in order to achieve my goals, the schools vision and our standards?
Teachers are required as team members to issue team reports each semester to the rest of the K-12 faculty on what worked, what didn't, and what will be done to imporve learning.
Collaboration must be a requirement of the job, not an option.


All hail to the pain specialist, David Devito! I've achieved a more lean & sculpted body that I never had before. I am good now but I can be better, but this is still a work in progress. David! I am ready to rock 'n' roll!


text:
Happy Birthday to Singer, Activist, LGBT Ally Joan Baez
Joan Baez was born today, January 9, in 1941. She is a folk singer, songwriter, musician, and activist whose contemporary folk music often includes songs of protest or social justice. With more than 30 albums and career that has spanned almost 60 years, Baez is a living legend. On April 7, 2017, Baez was inducted into the Rock and Roll Hall Of Fame.
Though she is regarded as a folk singer, her music has diversified since the counterculture days of the 1960s and now encompasses everything from folk rock and pop to country and gospel music. Although a songwriter herself, Baez generally interprets other composers' work, having recorded songs by Bob Dylan, the Allman Brothers Band, the Beatles, Jackson Browne, Leonard Cohen, Woody Guthrie, and many others.
She began her recording career in 1960 and achieved immediate success. Her first three albums, Joan Baez, Joan Baez, Vol. 2, and Joan Baez in Concert all achieved gold record status.
Songs of acclaim include "Diamonds & Rust" and covers of Phil Ochs's "There but for Fortune" and The Band's "The Night They Drove Old Dixie Down." She is also known for "Farewell, Angelina," "Love Is Just a Four-Letter Word," "Forever Young,""Joe Hill," "Sweet Sir Galahad," and "We Shall Overcome."
She was one of the first major artists to record the songs of Bob Dylan in the early 1960s; Baez was already an internationally celebrated artist and did much to popularize his early songwriting efforts. Baez also performed 14 songs at the 1969 Woodstock Festival and has displayed a lifelong commitment to political and social activism in the fields of nonviolence, civil rights, human rights, LGBTQ rights, and the environment.
To reward her decades of dedicated activism, Baez was honoured with the Spirit of Americana/Free Speech award at the 2008 Americana Music Honors & Awards.
In the 1990s, she appeared with her friend Janis Ian at a benefit for the National Gay and Lesbian Task Force, a gay lobbying organization, and performed at the San Francisco Lesbian, Gay, Bisexual and Transgender Pride March.
Her song "Altar Boy and the Thief" from Blowin' Away (1977) was written as a dedication to her gay fanbase.
Monty Python's Terry Jones Dies At Age 77 [VIDEO]
Nigella Lawson says 'trans rights' as she comes out swinging in support of they/them pronouns
BigGayNews for Tuesday, January 21, 2020
A.R.T. presents Gloria: A Life

redpajama_set_name: RedPajamaCommonCrawl


Expectations were high as Gem Alta started his career at Tampa Bay Downs at 7/2. There were a trio of turf tries next before he shipped to Northlands Park for the Riversedge Racing Stables. It didn't take long for him to find the winners circle locally, winning impressively with a stretch run that stamped him as a major player going forward. Gem Alta stretched out next in an allowance non-two race, and smashed all expectations winning off by nine lengths.
The unique distance of this race should be right up Gem Alta's alley. The dam sire, A.P. Indy, won the Belmont (1 ½ miles) and the Breeders' Cup Classic (1 ¼ miles) in 1992, his three year old season. A.P. Indy was the leading sire in North America in both 2003 and 2006.
The sire of Gem Alta, Gemologist won the Kentucky Jockey Club at two, and then a major Kentucky Derby prep in the Wood at Aqueduct.
2018 Northlands Park leading trainer Tim Rycroft and owners Riversedge Racing Stables have had plenty of success in this race with Academic and Trooper John.
Owner: Team Valor International and Highfield Investment Group Inc.
Pickford blazes into the Canadian Derby with a pair of bullet work outs since his first spin around the Northlands Park oval in the Count Latham. Unlike a few others in this race, he didn't make the trip to Grand Prairie, instead stayed home to train and improve.
Pickford broke his maiden at Churchill in his second trip to the track, overcoming some traffic trouble to fight back and win by a head. He just missed at Oaklawn in his next start, and then won two starts later defeating a salty field with a number of next out winners.
His sire Hat Trick was an international monster. He won a pair of Group 1's, was 8/21 in his life and banked more than $3 million dollars. Pickford's dam Chantilly Nayla was a stakes winner, and Grade 2 placed in the Beaumont at Keeneland.
Part owner Team Valor International has found success all over the globe, headlined by Kentucky Derby and Dubai World Cup winner Animal Kingdom.
A start in the Canadian Debry at Northlands Park will be the six different track for the well-travelled Hyndford.
Following his maiden breaking score in just his second lifetime start, Hyndford met up with one of the leading horses of his generation, and the winner of the Arkansas Derby, Magnum Moon. Following that runner up effort he took on the eventual second choice in the Kentucky Derby, My Boy Jack, in the Rebel at Fair Grounds. A win at Belmont followed before the private purchase that landed him with the current connections.
Hyndford's sire Street Cry won the Dubai World Cup and the Grade 1 Stephen Foster in 2002. In his progeny lies the great Zenyatta, and 2007 Kentucky Derby winner Street Sense. The mare Niji's Grand Girl was Grade 2 Stakes placed in the 2011 Fair Grounds Oaks.
Trainer Robertino Diodoro is no stranger to the Canadian Derby, having his charge cross the wire first three times.
If there is a racetrack in the Southeastern USA, chances are Sky Promise has made a stop there. He began his career at the prestigious Keeneland spring meet, before trying Churchill, Arlington, Ellis, Kentucky Downs, Fair Grounds and Turfway Park. Even with all that travel, and top quality competition, Sky Promise shows up with an effort each and every time. Looking through his running lines, it is littered with Graded stakes competitors including Sniper Kitten, Tap Daddy, Snapper Sinclair and maybe best of all Blended Citizen.
Sky Promise was claimed two starts back for $40,000 from Churchill Downs. He took the month of July off before showing up in the Manitoba Derby at Assiniboia Downs. Rico Walcott made the trip to Manitoba to ride for Robertino Diodoro, and after some quick early fractions Rico made them all pay late as he and Sky Promise came rolling to win by seven and a half lengths.
Sky Promise is by Sky Mesa who won his first three starts including the Grade 2 Breeders Futurity at Keeneland and the Grade 1 Hopeful at Saratoga. Trainer Robertino Diodoro is no stranger to the Canadian Derby, having his charge cross the wire first three times.
An astute claim from his career debut for just $12,000, Shimshine has since won half of his 12 starts and is closing in on $200,000 in the bank. With wins as a two year old in the Birdcatcher and Premiers Futurity, and as a three year old in the Western Canada, Shimshine has easily found the winners circle more times than anyone else in this group. He has been less than 3-1 in his last nine starts, and should offer a little more value today.
Shimshine and Regal Max have met eight times, with Shimshine holding a 5-3 advantage.
His sire Wilko was quite the globetrotter. He started his career in Europe before shipping to Lone Star Park and winning the Breeders' Cup Juvenile. Unfortunately, that was his lone victory in North America. He was kept with top company and picked up placings in the Hollywood Futurity, Santa Derby and Big Cap. Wilko even finished second in the Dubai World Cup in 2006.
His barn name is 'Ocho'. He was hip number 8 at the 2016, and sold for just $2,200. Twelve starts, three wins and $140k in purse money later, Regal Max and his connections stride into the Canadian Derby full of confidence. Regal Max easily won his last, which was the $50k Alberta Derby at Grand Prairie, beating a number of horses he will meet again today. With his front running win, he also wound up setting a track record at Evergreen Park.
The only time that Regal Max has missed the board in his 12 starts was in his debut when going just three and a half furlongs. He clearly has flourished with more ground thrown at him. His sire Max Forever won the Grade 3 Long Branch at Monmouth Park back in 2003. Regal Max's dam My Miss Emily started her career at Hastings Racecourse, and won the Timber Music as a two year old. Trainer Rick Hedge stopped riding full time in 1987 with more than 1,600 wins to his credit.
Day Raider will be looking to raid some purse money as he ships in from Hastings Racecourse for the Canadian Derby. He is fresh off the biggest win in his young career, where he rallied strongly in the stretch to get up and win the Sir Winston Churchill Derby Trial defeating the favored Apalachee Bay.
The 1-3/8th mile distance of the Canadian Derby looks to be perfect for the son of New Year's Day, as he seems to get stronger the further he runs. We didn't get to see New Year's Day try any classic distances, but he was impressive in the three starts he made. He easily broke his maiden in just his second trip to the track, and then captured the Breeders' Cup Juvenile in late running fashion at 10-1.
The owners, Canyon Farms, are trying to add to their already impressive trophy shelf. They bred and owned the 2012 Queens Plate winner, Strait of Dover. Lord Shogun won the Alberta and Manitoba Derbies in 2002; and in 2006 captured the Northlands Oaks with Starlite Strike. Regular rider Antonio Reyes has the mount.
While he may have just the lone win on his resume, Fort Mac is never far away when the finish line comes. Rallying from the middle of the field, he finished 3rd in the last local prep for the Canadian Derby.
Fort Mac is by Big Brown, who was quite spectacularly talented when on the race track. He was seven for eight in his career, with signature wins coming in the Kentucky Derby, Preakness and Haskell. This is the first foal out of Givonna B, who is a half sister to True Metropolitan – a two time winner of the 1 3/8th miles Speed to Spare at Northlands, and who took home over $1.2 million in purse money with wins from Gulfstream to Woodbine and everywhere in between. This could have been the distance that Fort Mac has been waiting for.
Former trainer Lance Giesbrecht is a part owner of Fort Mac, and he is no stranger to local Derby glory. He won the Canadian Derby in 2005 with Alabama Rain for Peter Redekop, and won the Alberta Derby in 1999 with Digital Dan for Cecil Peacock. Lance finished up his training career in 2010 with almost 700 wins, and just over $9 million in purse earnings.
Owner: Bear Stable and Riversedge Racing Stables Ltd.
Coming into this race Red River Bear may not have the credentials of some others in this race, but he also hasn't gotten much of a chance to show it in 2018. He has been begging to route with maiden allowance company all season, and hasn't gotten a chance to do just that. He wasn't far behind Gem Alta when he broke his maiden, and could turn the tables on him with some added ground.
The pedigree for the Canadian Derby distance is strong for Red River Bear, with his full brother Double Bear running a huge race in 2017. More ground could lead to a running style closer to his brothers, where he wasn't far from the early pace. The owners Bear Stable and Riversedge Racing Stables also teamed up in 2015 to win the Canadian and B.C. Derby with the filly Academic.
First post time is at noon.
Free admission and free parking with Players Club Card. Live coverage and post-race video at northlandspark.ca The 89th running of the Canadian Derby presented by Lexus of Edmonton West is one of the richest thoroughbred races in Western Canada. The $200,000 purse means the winner will receive a $120,000 paycheque.
WIN A LEXUS NX 300 F SPORT on race day in partnership with Lexus of Edmonton West. Following races 5, 6, 7 and 8, a lucky qualifier will be drawn; each qualifier will then draw a horse running in the 89th Canadian Derby race. The participant with the victorious horse, will win the Lexus NX 300 F-Sport! On August 25, join the lucky casino qualifiers as guests can still qualify on the day of the Canadian Derby. Be sure to head to the draw barrel on the tarmac for your free entry to become a qualifier! For more contest details, go to northlandspark.ca. Must be present to win. Must be 18 years of age or older to enter. Draw barrel closes at race 7.
CANADIAN DERBY MERCHANDISE Opens at noon at Northlands Park Racetrack & Casino tarmac. No Derby is complete without a standout headpiece and at Edmonton's social event of the year, the eye-catching accessories are endless. Stop by the merchandise tent to purchase official Canadian Derby merchandise or your own hand-crafted hat or fascinator from the locally owned and operated duo from Sheanna Creations. These unique designs range in selection from over-the-top extravagance to subtle elegance – it's the perfect way to express your Derby style.
FASHION STAKES CONTEST SPONSORED BY ETNIA BARCELONA Think you are the best dressed at the Canadian Derby? Here is your chance to prove it. Get your photo taken at the Canadian Derby Fashion Stakes booth between 11 a.m. and 3:30 p.m. and fill out an entry form (one entry per person). The top 3 contestants in each category will be notified of their success and meet at the Etnia Photo Booth (East Tarmac) for qualification. The top three kings and queens of trackside glamour will take home fabulous Etnia Barcelona sunglasses.
DERBY BUCKET DRAW Head over to our Jockey Silks display located by the front entrance where you will find buckets hanging from the stall associated with each horse running in the Canadian Derby. One ballot is attached to each race program or can be obtained from Guest Services (only one ballot per person). Place your completed ballot in the bucket of the horse you believe will win the race. Once the race has finished and results are official, the winning bucket and corresponding ballots will be taken to the Tarmac Winner's Circle where the three winners will be drawn. The guests who select the winning horse will have a chance to win a $1,000 casino voucher at the 8 p.m draw in the casino. Must be present to win. Must be 18+.
LITTLE BITS DAISY CORSAGES Little Bits Volunteers will be on-site selling daisy corsages from 10:30 a.m. to 6 p.m. All proceeds go to benefit the Little Bits Therapeutic Riding Association, an Edmonton based non-profit organization that offers recreational riding programs with therapeutic benefits for children and adults with disabilities. Locations: Main Entrance, South Entrance (ramp), Roaming. In the event of unfavourable weather conditions, volunteers will be positioned inside the main entrance to Northlands Park.


Wow I don't think I've ever been this bad at blogging. Sorry about that. The past month and a half were crazy because my boss waa here so work was constant. We had a very succesful fundraiser, I turned 23, and socially things are much better. It was so great to play classical piano again in public! A LOT of work but I'll say it was worth it :) And my black Talbot's cocktail dress find at mtumba was also great and quite funny since everyone else was wearing $1000 dresses courtesy of our finance person.
Uganda was amazing!!!! Beautiful country and beautiful people. I didn't feel like a mzungu nearly as much and it didn't get pointed out to me everywhere I went (only on public transport). After a horrendous bus ride from Nairobi, I arrived in Jinja where I was greeted by a wonderful CS named Micheal who brought me home and introduced me to his wife and baby. Women here have no problem nursing in public. It doesn't matter if it is someone else's home, a bus, or a church, they just pull out the milk makers right then and there and this women was voluptuous in a way I rarely see. Aside from seeing 100 school children at the source of the Nile where I learned Gandhi spoke and eating a full lunch of 10 diff kinds of carbs and Nile Perch fish for under $2, the day was pretty uneventful. The night on the other hand was the first time I knew what it felt like to be in a tin roofed house while a rain storm occurred and my stomach growling of hunger. Eventually, I asserted myself and they drove me to get some food, but that definitely took some courage and I knew what it was like for many who don't have a car to rescue them and go to bed hungry.
People were so helpful, helping me find my CS's workplace in Kampala. After dropping my heavy 7 kg bag off, I found a local place for lunch where I could finally have some greens and a yogurt. IT's so nice to be able to choose for yourself what food you want. As great as it is to eat with local families, food diversity is something that I learned in Chile was really important. I ended up meeting another CS who did art with local kids and aside from a great museum with a section dedicated to music, the highlight of Kampala was the Ndaris Center where I got to see several different Ugandan tribe dances and music. I also went to my CS's grandma's house for lunch after a mega-church service with a TV-like commercial and announcement video on a big screen. I couldn't believe I was in Africa with this high tech stuff.
But my most memorable part is the wonderful family I found at Lake Kifunika campsite after a taxi sedan with 8 people in it broke down and they refused to let me get out and a boda (motorcycle) ride through the countryside (the main way to get around). Meble helped cook there but she at age 21 was also teaching tourism students aged 19 and 20 birding and debate. They invited me to go along and I have never seen such excellent birds. Hear that? That's a ... See that? That's a ... which was succeeded by confirming it in the bird book. She was right every time. I also had a very detailed guide show me every type of botany we passed and went to two Ugandan schools and taught them a song I do with Umoja Ensemble and recorded it and then decided to be silly and do Head Shoulders Knees and Toes. They loved it! I didn't go to Murchison Falls but this Bugahoma Falls was GORGEOUS (and free)!. For the next three days I was a part of their family and no one wanted me to leave and the feeling was mutual. I had originally chosen this part of Uganda to see the chimps, but sadly aside from the beauty of the park it was a waste as I could only see a black blur of fuzz 100 ft. up a tree in a nest. I did learn about them and heard them coughing and through the binoculars caught a glimpse of their face but there are no photos to document this.
The next day was hell. I woke up saying a tearful goodbye and couldn't believe how attached I got after 3 days, realizing I did not feel this same attachment in my current location after 8 months! My host arranged a ride with a courier driver who was wonderful and stopped to let me take pics of the crossing of the Equator and showing me viewpoints of Queen Elizabeth Park, but once we arrived in Mbarara that was the end of the fun. I still had another at least 3 hr bus ride and didn't know anyone at the other end. But after repetitive ATM failed attempts, a really bad connection Internet cafe and no answer at home to see if they could transfer money, I got a really bad exchange rate and forcibly exchanged a $20 blil so I'd have at least enough money to take a bus and have accommodation for the night. Yet all the buses had already left after this 2.5 hr detour so instead I went in a dala dala shoved to the window by 3 other people and my knees pressing up against the seat in front of me only stopping once for a "short call." On the way I had one of the most horrific experiences. I saw an ambulance blur past us and hit a man who instantly collapsed with blood dripping from his nose. AN AMBULANCE! Suddenly the whole town went to help the poor old man and our dala dala continued on its way. I was so scared after that.
After finally arriving in Kabale, I found out where I wanted to stay was still another 1.5 hrs but I figured the day had already been ruined and I may as well do all my traveling in one day. So I found a taxi and found out it really takes 2.5 hrs to get there so this would be in at 8:30 and the park guide was willing to meet me and help me find accommodation. Greedy greedy taxi drivers. 5 passengers wasn't enough for him (4 in the back, 1 in front) and we did not leave til an hr later when we had 7 psgers (AGAIN!). I was realizing this was a standard in uGanda and that taxis are not safer, faster, or more comfortable than a daladala in Uganda and was very thankful that taxis were not like this in Tanzania. So I began as the 4th person in the back. Yet the road was meandering every minute and I could not handle the weight of three people crushing my ribs as I was shoved even further into the door. Once one passenger left, I decided it'd be more comfortable in the front even with a gear stick where my feet should go so I switched. Taxis were the ONLY thing that made me irritated in Uganda, but I was completely peeved both times and this time muffled tears into my fleece with all the talk of the "mzungu" and knowing I was arriving in an unknown location at 10:30 at night. Thank god the guide was going to meet me there.
The next day made up for the preceding. I got to see the gorillas and not only that but had my own private tour!!!! And they actually care if you're a resident there so I got charged $25 less than the tourist rate and had wonderful accommodation with a very caring staff and excellent food. I had no idea it could get that cold, but thankfully I had packed wool socks, a Maasai shuka (blanket) and one long sleeve shirt. After a hot bucket shower and a cup of hot chocolate with a vegetable curry and chapati I bathed in the sun and reflected on the amazingness that was the gorillas! They were so BIG and one shook an entire tree branch at me but they told me not to run away as they were testing who was friend and who was enemy. When he rolled on his back and farted, I realized just how human they really were. No one has stressed how difficult gorilla trekking is though so I will attempt. Bush as high as you, going up and down grass tufts, through thorny trees, and only with a walking stick to guide you. I was VERY thankful for my rain pants! And I saw Congo, Rwanda, and Uganda. BEAUTIFUL area! Then it was boda boda to the border which I presented my passport and walked right across into the Land of Thousand Hills: Rwanda.


Dutch telecom operator KPN has unveiled a new IoT platform oriented to the enterprise segment. The new solution, dubbed KPN Things, includes hardware, connectivity as well as data and consulting services. The horizontal platform is based on a kit from Cumulocity and is supplemented by a range of connected devices.
The services take advantage of KPN's LoRa and mobile networks, with fixed monthly prices for the platform and services. KPN completed the roll-out of its national LoRa network last year. The company also started testing LTE-M services in 2016 and said it aims to start the services late this year as modules become available.
KPN Things, for which the operator is charging a fixed monthly fee, also enables businesses to connect their own devices to the platform.
Last month, KPN and China Unicom had reached a partnership agreement to share their internet of things (IoT) networks. Through this agreement KPN's local and international customers will be able to access the Chinese IoT market, while China Unicom customers can enter the European IoT market.
KPN and China Unicom said they will utilize SIMs based on the GSMA standard for remotely provisionable SIMs, which allows IoT-devices to switch to a provider and become a local subscription.
IoT customers of KPN and China Unicom can track their entire distribution through the unified IoT connectivity management portal. The first customers will start using the service at the end of 2017, the two companies said.
Inside the Sigfox approach to the IoT space?


Multiple data sources, data sharing agreements, and data inventory are some of the challenges of managing data privacy cited in a survey from Integris Software.
Companies face a variety of obstacles in their attempts to manage and ensure the privacy of their customer and user data, according to survey results released Wednesday by data privacy provider Integris Software.
Among the 258 businesses and IT decision makers surveyed, 45% admitted that they have to access at least 50 different data sources to determine where sensitive data resides. Further, an inventory of personal data is taken just once a year by 27% of respondents, every two years by 1%, in response to an audit or other event by 10%, and not at all by 6%. Of those that perform real-time inventories, 81% said they were very or extremely confident about their company's ability to understand where personal data is held. But of those who don't inventory their data in real time, only 40% expressed the same levels of confidence.
"If you're not taking a real-time inventory of personal data across all data source types, then you're going to have huge blind spots when it comes to knowing what sensitive data is sitting in your organization," Integris CEO Kristina Bergman said in a press release. "Point-in-time knowledge is obsolete within a day due to the constantly changing nature of data in a hyper-connected world."
Many companies use a hodgepodge of methods to inventory personal data. A full 81% of respondents said they use data loss prevention or other data security tools to keep track of personal information. But 77% said they still use manually-updated spreadsheets and surveys to track personal information, while 61% rely on custom scripts.
Only 17% of respondents said they include all five common data types in their privacy practices: Structured data (Oracle, SQL, other databases), unstructured data (Google Drive, email, etc.), semi-structured data (XML and JSON), cloud-based applications (Salesforce, Workday, etc.), and data in-motion (data flowing into a data lake, out of a Hadoop cluster, etc.).
The risks and fallibilities of data sharing agreements were brought to light by the fiasco with Facebook and Cambridge Analytica. Some 40% of respondents said they had 50 or more data sharing agreements with other entities. Of those, 66% said they were very or extremely confident in their own company's ability to comply with the agreements. But only 46% expressed confidence in the ability of their partners to maintain compliance.
Given the challenges involved in data privacy, 81% of respondents said they believe companies risk losing customers due to inadequate data privacy practices, while 55% said that companies risk losing their own employees for the same reason. Some 79% said they believe a federal privacy law should be enacted.
There were some bright spots culled from the survey. A full 80% of respondents said they have a dedicated budget to manage data privacy, with most reporting an increase in those budgets pegged for 2019. Some 90% said their company has a data privacy awareness program, while 93% said their company has a process to identify and address data privacy risks.
Sent to top business executives and IT decision makers in February, the survey elicited responses from 258 people, all of whom said they were at least "somewhat knowledgeable" about how data privacy and data security are managed at their company. To be included in the study, the respondents had to have roles in IT, general management, or risk and compliance, and be mid-level professionals or higher. More than a third of respondents said that privacy management was part of their primary role.


SynaptiCAD has released an updated version of WaveFormer Pro, a tool for analyzing timing diagrams and translating digital and analog waveforms between simulators and test equipment. The new version supports importing and exporting digital and analog waveforms to the latest Agilent and Tektronix logic analyzers and mixed-signal oscilloscopes. WaveFormer also supports importing timing information from the Mentor Graphic's Hyperlynx board-level timing analysis tool.
WaveFormer Pro comes with some improvements such as faster import and export of extremely large VCD files and faster reading of analog waveform data to support VHDL, Verilog, and SPICE simulators.
WaveFormer Pro is also a fully functional timing diagram editor. It has the ability to add arbitrary tags to timing parameters to group and filter them in various ways (for example, all setup times associated with a given chip). New reports and graphs can also be generated to simplify analysis of particular critical paths in a design.


Laikipia County is lowland with numerous volcanic ridges cut into by two major rivers EwasoNarok and EwasoNyiro with various tributaries flowing down from the Aberdares and Mt. Kenya. The EwasoNarok Riversustains EwasoNarok and Rumuruti forests, NgareNarok swamp and flows through several ranches and finally joining EwasoNyiro river. These riverine, wetland and forest ecosystems support a myriad of socio-economic activities of forest users, pastoralists and farmers and maintain a great number of wildlife. The Laikipia County possesses the highest population of wildlife in the country outside protected areas. The county is largely water scarce and thus human-wildlife and social water users conflicts are of major concern.
The Laikipia Wildlife Forum (LWF) is involved in the monitoring and management of forest, rangeland and wetlands in the upper EwasoNg'iro basin, much of which lies in Laikipia County. Due to the high demand for improved support in the water management, water program was set up and has supported WRUAs in a variety of activities including governance issues for registration of the associations, rainwater harvesting among others. Many WRUAs have existed for close to 10 years and have a variety of specific needs depending on the size and volume of the river catchment that they are located. In order to adequately support integrated water resource management of this region, LWF and KENWEB have proposed to work together on an IWRM strategy for the Laikipia county to enable development partners invest on building up community ability to manage scarce resources based on particular water needs of each WRUA and the environment to maintain biodiversity.
This project supports the following the Satoyama Initiative activity clusters 1/ knowledge Facilitation, 2/ Policy Research, 3/ Research for Indicators and 4/ Capacity Building.
The methodology to be applied by the partners include stakeholder workshops with WRUAs; field visits for analyses status of river catchment protection, water quality and quality and to determine capacity of WRUAs for IWRM; capacity building workshops on areas identified that require specific training including on monitoring of wetlands and riverine environments.KENWEB researchers and affiliates will produce a simple guidebook in order to enable monitoring and long-term data acquisition on biodiversity and hydrology by resident researchers and ranch managers as well as field officers responsible for environmental protection and biodiversity conservation.The use of this guidebook will ensure sustainability of adequate water for human and livestock use, and for development of agriculture, fisheries and wildlife resources.
The outputs of the project are: 1/ IWRM Strategy report for the upper EwasoNyiro ecosystem; 2/ Wetlands and river basin monitoring guidebook for Laikipia County with baseline information on existing biodiversity and hydrological status of selected sites 3/ a video documentary highlighting compliance, enforcement and governance issues facing WRUAs including examples of best practice.


text:
Q: fwrite() doesn't finish writing to file Trying to send a file from client to server.
This is how I receive it:
printf("Server receiving file...\n");
while((bytes_read = read(sd, buf, sizeof(buf))) > 0){ //second read now retrieving the file size
  printf("writing");
  fwrite(buf, 1, bytes_read, fp);
  printf("checking if reached here");
}

For some reason, the second print statement "checking if reached here" is never reached, and the program just doesn't exit the loop. What could be the issue?
PS. My client sends all the bytes so there is no issue with sending. Its only the writing to the file

A: Is the socket blocking (the default) ?
If it is, whenever there is no data to read, the read() will hang, waiting for
more data (or for the socket to close, in which case it will return 0 bytes).

A: Did you open the file using the fopen function?
Here is a small example regarding a piece of code you should have somewhere in your script.
fp = fopen( "file", "w" );

Check if you have a similar line somewhere, otherwise you will need to add this.

redpajama_set_name: RedPajamaStackExchange


This product was awesome! It came in the mail quickly, and was packed great. The item itself is amazing and I love that it is a product that is helping keep the earth green!
Great to work with, fast to send product, gave plenty of info to make the review happen.
It was a pleasure working witht his company. They are very nice, understanding and patient!! No hounding or demanding a review ASAP! Also, a very wonderful product that really comes in handy and I can see many of my friends and family using it.
Quick shipment, and easy to work with.


Originally from the United Kingdom, Cullen moved to Athens in 2015 to complete his master's degree at the University of Georgia. He now teaches Public Relations Communication, working with undergraduate students to develop their knowledge of the writing tools necessary to the practice of public relations. He also assists with the Yarbrough Crisis Communication Coalition internship.


Distinct within the flower essence market, the Raven Essence kits are like 'mini-workshops' in a box. Developed over many months, each kit has original meditative practices (in a booklet that accompanies the box of essences) with creative suggestions to take you deeper into life's mysteries. Focusing on a specific intention is helpful when you begin a cycle with a kit and you can revise your intention each time you start a new cycle. Working with a kit of themed essences brings the living wisdom of Nature into your healing process, activating your hidden gold into conscious awareness.
There are approximately 20 kits, each with different themes. Some are a response to world events: The Peaceful Warrior was my antidote to the horrors of 9-11; the Gathering of Soul kit was created for clients with terminal illnesses. Inspired by meditation, the Destiny kit supports conscious manifestation; The Great Mother Kit eases the difficult journey through the dark night of the soul. The Rose Garden's theme is 'Love in the Body' while the Dream Quest kit highlights thirteen archetypal energies.
Several kits correspond to the chakra system: Life Theme, Rose Garden, Inner Beauty and Healing, the Chakra kit, Crystal Grid essences. Others are more process-oriented: the Great Mother, Gathering of Soul, the Destiny Kit, and Birth of the Wild Heart. The Five Elements kit, the Body-System and Surround essences support specific body-oriented healing issues, while the Irish and Cuban kits reference different geographies.
Click here to read the definitions for the essences in each kit.
A personal consultation may help you clarify your intention and select the most appropriate kit(s). Once this is determined, you can follow the recommended suggestions with each kit or simply test on a daily basis, intuitively, for the essence you need. Flower essences effect subtle shifts within our body-soul, and the ways people experience the energies varies greatly. It is helpful to track your experiences when using a kit by journaling and recording your dreams throughout this process. This form of self-witnessing deepens the healing potential of the essences in your body-soul.
For more information about creative ways to work with flower essences, click here.
Seven kits were co-created with and for practitioners to support their holistic healing work with clientele. While the kits were specifically designed for individual practitioners, they also have universal application. For practitioners interested in co-creating a kit of essences, an in-depth consultation process over several months is required to create the essences, write the definitions, and prove them in your practice.
For more information about this unique service, click here.


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CMI is a new, forward-thinking unit of Global Ministries, and aims to provide a laboratory for the Church to learn best practices and new innovations in both local and global mission. We are asking questions about how we as a Church pursue social justice not on behalf of the marginalized but alongside of them. We are thinking about long-term sustainability, about innovative practices that can transform individuals and communities, and about how we partner across barriers of race, class, and nationality to help bring about the Kingdom of God. Overall, the Center for Mission Innovation hopes to cultivate new understandings of the missio Dei in the 21st century, and to serve as a resource for laypeople, clergy, and local congregations who desire to be a part of God's mission in the world.
Based at Global Ministries' new North American headquarters in Atlanta, Georgia, the Center for Mission Innovation is comprised of approximately 15 people working to reimage mission practice in the 21st century. Our team is diverse in nationality, race, age, and professional experience, though drawn together by a common desire to help the church pursue God's mission. Some staff have previously worked across the globe as full-time missionaries, while others have followed their passions into ordained ministry with local congregations, missionary training and support, international disaster response, the nonprofit sector, theological education, local politics, or for-profit businesses. These diverse experiences and insights all help to shape our shared approach to the Center's work, and we hope will yield helpful resources for you regardless of what context you are coming from.
Build strategic partnerships with individuals, local congregations, and external organizations (including NGO's, nonprofits, and universities), applying their insights and best practices to our own work.
We believe that the Spirit of God is always moving to sweep the Church into a new age of mission. Old patterns and ways of being are giving way to this inbreaking Spirit, who invites us to partner with God and with one another to bring about the Kingdom of God in this world. The Center for Mission Innovation is excited to bear witness to this work of the Spirit, and hopes you will journey with us as we work to alleviate suffering, seek justice and freedom, and make disciples of Jesus for the transformation of the world.


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