These Terms and Conditions were last updated on September 1, 2011.
By using the Site or the Service, or by creating or maintaining an account for the Service for use by you or any other person, you agree to be bound by these Terms and Conditions, unless we expressly agree in a writing signed by an authorized representative of MyDoctorCalls that different or additional terms apply.
You will be referred to from time to time as "you" in this Agreement. "Member" means you if you are the registered or named holder of a subscription or Account (as defined below) for the Service, or the named holder of the Account if you are using an Account registered in the name of another person. "Account" means the account (i) under which you use the Service, whether registered to you or a Member who has provided you access to use such Member's account, or (ii) that you create on behalf of another person who becomes a Member thereby.
"MyDoctorCalls Content" means all Materials provided by MyDoctorCalls and included on the Site. "Member Content" means all Materials provided by a Member to MyDoctorCalls and/or posted by you (or the related Member or other authorized users of such Account) on the Site. You hereby acknowledge and agree that Member Content shall not contain any contact information, including, but not limited to, phone numbers, URLs or e-mail addresses, and no such contact information will allowed to be posted publicly anywhere on the Site unless we expressly agree in advance documented by a writing signed by an authorized representative of MyDoctorCalls.
You may use the Service only while you are (i) a paying Member who subscribes to the Service, or (ii) using the Service with the express permission of a paying Member who subscribes to the Service.
Unless otherwise specified by MyDoctorCalls or by another express Agreement with MyDoctorCalls to the contrary, your right to access or use the Service terminates on the earlier of (i) the date on which any charge or fee, or other balance due under the Account, is past due and MyDoctorCalls determines, in its sole discretion, to terminate the Account or suspend the Service, or (ii) any other date upon which the related Member or MyDoctorCalls has the right to terminate the Account or suspend the Service as provided in this Agreement or any other applicable agreement or policy.
You represent and warrant that you are at least eighteen (18) years of age or have the approval of your parent or guardian to register for or use the Service. If MyDoctorCalls becomes aware that you or a Member is under the age of eighteen (18) and not appropriately supervised, MyDoctorCalls may cancel the Account or otherwise restrict access to it.
You represent, to the extent you use any feature of the Service and you are not a Member, that you have the express permission of a Member to use that Member's Account. Conversely, if you are creating or registering an Account on behalf of another person who will become a Member thereby, you hereby represent, warrant, and covenant that you have the express authority to register such person, create such Account, and bind such Member (as a "Member") to this Agreement and the policies and requirements pertaining to the Service (including without limitation the authority to incur recurring payment card billing obligations on behalf of such Member), and you hereby indemnify MyDoctorCalls from any loss, damage, claim or expense (including reasonable attorney's fees and expenses) arising out of or related to your failure to actually acquire such authority or such new Member's dispute or denial of any such authority. MyDoctorCalls reserves the right to discontinue allowing persons who are not (or who do not become thereby) registered Members to create, use, or access Accounts or the Service, whether on an account by account basis or otherwise, in its sole discretion. MyDoctorCalls may establish other reasonable Account or Service registration or usage limits in its sole discretion. We further reserve the right to refuse Service to any person for any reason, in our sole discretion. During registration, each Member must submit and maintain current and accurate Account and contact information, including a working e-mail address and telephone number, and any inaccuracy therein shall be grounds for Account termination. We may distribute notices and other important information to members to such e-mail addresses, by publication on the Site, by transmission through the Service, or by written communication sent by mail to the Member address on record. Regardless of method, each Member is responsible to assure that other users of the Account or the Service thereunder are notified accordingly and all such users shall be deemed to have received such notice when provided to the Member of record by reasonable means. Such notices, including any amendments to this Agreement or to any policies, rules, or restrictions, shall be effective as against the Member and all other Service users upon such publication or distribution of such notice and such Member's continued use of the Service.
You are responsible for providing the equipment and services, if any, and configuring the same correctly, as necessary for your access to the Service. MyDoctorCalls is not responsible for any telephone or internet connection charges, surcharges, taxes, or other amounts incurred in accessing the Service, for which you accept all responsibility. If MyDoctorCalls specifies, at any time, any particular system requirements or hardware specifications for use of the Service, you will be responsible to provide the same or to cease your use of the Service.
Each Member will be billed according to such Member's chosen Service and billing plan, as described on the applicable page(s) of the Site. Service plans are billed as follows: plan recurring charges and other base fees are billed in advance; usage charges are billed in per minute increments in arrears following the end of the billing cycle. MyDoctorCalls reserves the right to withdraw or modify Service or billing plans at any time or from time to time effective at the end of any billing cycle and upon thirty (30) days' written notice. No refunds for unused time or capacity, or for partial periods of usage prior to effective Account cancellation, shall be given. The Member agrees to pay all fees and per minute usage charges applied to the Member's Account in accordance herewith or with the applicable Service plan selected by the Member, and to comply with applicable billing terms in effect at the time the fee or charge becomes payable (including without limitation, as applicable, that payments will be charged to the Member's payment card). Member hereby authorizes periodic charges (e.g., monthly) without further authorization from you to be applied to the Member's payment card, according to such plan(s) until cancelled as provided below. Billing disputes must be submitted within thirty (30) days of the applicable billing date or are deemed waived. Payments to MyDoctorCalls are nonrefundable. Time is of the essence for payments hereunder, and any past due amounts shall bear interest at the lower of 1.5% per month or the highest rate allowed by applicable law. Each Member is responsible for any costs or expenses (including legal or collection agent fees and expenses) of collecting any past due amounts from such Member for such Member's Account. Unpaid bills may be sent to third party collections. Member payment obligations are not contingent upon collection of any amounts from any users or third parties.
A Member may cancel an Account at any time by notifying MyDoctorCalls by e-mail (to ) indicating the reason for termination. MyDoctorCalls will process the request for termination within a reasonable time frame, not to exceed five (5) business days and notify Member of receipt and completion of termination. There will be no refund or prorating of fees upon cancellation by Member.
MyDoctorCalls may in its sole discretion, without refund, terminate an Account or suspend access to the Service immediately without notice, if you or a Member whose account you are using, or any other user of that Account, fails to (i) pay all amounts when due, or (ii) comply with this Agreement, thereby terminating this Agreement (except for terms which by their nature should survive) and all obligations of MyDoctorCalls hereunder or with respect to the Service. The Member shall be responsible for any balance due on the Account.
For clarification and without limitation to any other billing method practiced by MyDoctorCalls, MyDoctorCalls bills, and Members must pay, for all minutes of usage for each call from the instant a call is initiated by, or connected to, the MyDoctorCalls network to the instant all parties to such call are disconnected (subject to minimum call durations, billing increments, and duration rounding practices used by MyDoctorCalls or its carriers), in accordance with MyDoctorCalls or industry standard practices, notwithstanding any call transfer, disconnection by one party, or other event.
Effective immediately upon termination: (i) the Account will be terminated and you will no longer have access to the Service; (ii) all of your outstanding usage charges will be billed; (iii) all of the terms and conditions agreed to by you when signing or assenting to this Agreement shall survive and shall remain in full force and effect; and (iv) MyDoctorCalls will have no further obligations to you in respect of the Site, the Service or otherwise except as specifically set for in these Terms and Conditions.
For a period of thirty (30) days after effective termination date, MyDoctorCalls will store and allow Member to download all stored phone call recordings or protected health information (collectively, the "PHI") from MyDoctorCalls' servers. Following this thirty (30) day time period, MyDoctorCalls shall destroy all PHI, and retain no copies, unless MyDoctorCalls otherwise requires the PHI for its proper management or administration, or is precluded from destroying the PHI by law.
When an Account is registered, the registrant will select a password (or, for multi-user accounts, multiple passwords may be selected). All users agree to keep their respective passwords secret, and any person who registers an Account on behalf of any other person, or any Member who allows use of the Service by other users under its Account, shall cause such persons to, and to agree to, keep all applicable respective passwords secret. You will be held liable for all Account use or misuse under your password, and Member Account holders are responsible for all activities under the Account under any password (including, with respect to each of the foregoing, any civil or criminal liability therefore). If you feel there may have been a breach in security, such as the unauthorized disclosure or use of any phone number or password, you must promptly notify MyDoctorCalls, and we strongly recommend that you change passwords. MyDoctorCalls is not liable for any loss or damage arising from your failure to comply with this section or any unauthorized Account usage.
Any violation of MyDoctorCalls policies by you or anyone using your Account will be grounds for termination of the Account, at MyDoctorCalls's sole discretion, and you may be reported to appropriate law-enforcement agencies. MyDoctorCalls shall not be liable for any injury or damage suffered by or during use of the Service.
Pursuant to the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA") and in compliance with the Standards for Privacy of Individually Identifiable Health Information at 45 C. F. R. part 160, subpart A and part 164, subpart E, as amended from time to time ("Privacy Rule"), you hereby agree to (i) allow MyDoctorCalls access to your Protected Health Information ("PHI") to conduct its Services; (ii) provide MyDoctorCalls in writing with any restrictions to the use or disclosure of any PHI and any changes in, or revocation of permission by any particular patient's use or disclosure of PHI, if such changes affect MyDoctorCalls permitted or required uses and disclosures of such PHI; and (iii) request MyDoctorCalls to use or disclose PHI in any manner that would not be permissible under the Privacy Rule.
You also hereby allow MyDoctorCalls to (i) use and disclose PHI to perform all functions, activities, or services for, to, or on your behalf for which MyDoctorCalls has been retained, provided that such uses or disclosures would not violate the Privacy Rule; (ii) use PHI for MyDoctorCalls' proper management and administration or to carry out its legal responsibilities; (iii) disclose PHI for MyDoctorCalls' proper management and administration or to carry out its legal responsibilities, provided such disclosures are required by law, or MyDoctorCalls obtains reasonable assurances from the recipient that the PHI will remain confidential and will only be used or further disclosed as required by law or for the purpose for which it was disclosed by MyDoctorCalls, and the recipient notifies MyDoctorCalls of any instances of which it is aware that the confidentiality of the PHI has been breached; and (iv) use or disclose PHI as otherwise required by law.
MyDoctorCalls agrees to (i) not use or further disclose PHI other than as permitted or required by this Agreement or as required by law; (ii) use appropriate safeguards to prevent the unauthorized use or disclosure of PHI; (iii) report to you any use or disclosure of PHI not otherwise permitted by this Agreement of which MyDoctorCalls becomes aware; (iv) ensure that any agent, including a subcontractor, to whom MyDoctorCalls agrees to the same restrictions and conditions regarding PHI applicable to MyDoctorCalls under this Agreement; (v) provide, upon your written request, copies of PHI which is maintained by MyDoctorCalls within ten (10) business days of receiving the written request; (vi) make, within thirty (30) days of receipt of a written request by you to amend the PHI, those amendments to PHI maintained by MyDoctorCalls required by the Privacy Rule; (vii) provide you (within thirty (30) days of receipt of a written request by you), pursuant to a patient's request, with an accounting of disclosures of PHI made by MyDoctorCalls for which you are obligated to provide an accounting to the patient under the Privacy Rule; and (viii) make its internal practices, books, and records relating to its use and disclosure of PHI available to the Secretary of the US Department of Health and Human Services ("HHS Secretary") upon proper request of the HHS Secretary (MyDoctorCalls shall notify you of any request received) and solely for the HHS Secretary's purpose of determining your compliance with the Privacy Rules.
MyDoctorCalls guarantees that the calling network component of the Service will be available 99% of the time (the "Service Guarantee"), except for and subject to (i) scheduled maintenance outages of which we provide notice on the Site or by email, and (ii) regular backup and maintenance performed (without further notice) between 12 a.m. and 5 a.m. Central Time Zone. Other than the Service Guarantee, we make no guarantee as to the continuous availability of the Service or any specific feature of the Service. If the calling network component of the Service is unavailable, other than the maintenance and backup described above, more than 1% in any preceding ninety (90) day period, we will, upon request from the registered Member holding the Account, credit to the Account one minute of time for every minute of unavailability in excess of 1%, provided, however, that such credit cannot exceed the current monthly minimum service commitment level for that Account. This shall be your sole remedy for our failure to fulfill the Service Guarantee. You hereby waive all claims for damages for Service unavailability, scheduled or unscheduled, other than claims under the Service Guarantee, and indemnify MyDoctorCalls for any similar claims made by any other users on your Account.
MyDoctorCalls reserves the right, in its sole discretion, to change, modify, suspend, or discontinue, temporarily or permanently, any aspect of the Service, the Site and/or the Materials (or any part thereof) at any time with or without notice, including, without limitation, the availability of any Service feature, database or content, hours of availability, or equipment needed to access the Service. This includes, but is not limited to, the right to revoke, edit, remove, rearrange, or change the placement of any Member Content. You agree that MyDoctorCalls shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, the Service or any Materials. We may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability. We do not guaranty that the Service may be accessed from all locations or with all equipment or types of communications access. We do not recommend, and do not support, use of the Service in mission critical situations or on mission critical equipment.
As between you and MyDoctorCalls, we own all local and toll-free numbers we provide as part of the Service and reserve the right to reallocate them at our discretion. While we will use reasonable efforts, we cannot promise that you or any Member will be able to maintain or keep any specific inbound telephone or toll-free number that we provide you. You acknowledge that if the Service is suspended or terminated due to your non-payment or breach of this Agreement, that you may not be able to obtain the same local or toll-free numbers should you reactivate Service.
The software, hardware, and other technologies which MyDoctorCalls uses to deliver the Service (the "MyDoctorCalls Technologies") contain confidential and proprietary information, trade secrets, and other property rights belonging to MyDoctorCalls and its licensors. All rights to the MyDoctorCalls Technologies and all property rights related to the Service, including without limitation all patents (registered or unregistered), trade secrets (including diagrams, drawings, processes, production methods, information, data, computer software, and formulas), copyrights (whether registered or unregistered), domain names and subdomains, end-user and consumer information, work product resulting from custom implementation services, contract rights, including all derivative works thereof and all other intellectual property rights (in each case whether produced by MyDoctorCalls, you, or otherwise), shall remain exclusively the property of MyDoctorCalls and its applicable licensors. Each Member's (and your and any other authorized user's for the Account of such Member) rights to the MyDoctorCalls Technologies are limited to a non-exclusive and non-transferable runtime right solely during the term of the applicable Account subscription and solely for the purpose of using the Service. All Service is hosted by MyDoctorCalls and no software code will be provided to you. You may not use packet sniffers or other network or IP tracing technologies on the Service or with the MyDoctorCalls Technologies except for the specific purpose of optimizing your network for use of the Service in accordance with the Service documentation provided by MyDoctorCalls.
The Site also contains the copyrighted material, trademarks, and other proprietary information of MyDoctorCalls. The Service, Member Content, MyDoctorCalls Content and all other Materials on the Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Service, Member Content, MyDoctorCalls Content or any other Materials on this Site may violate such laws and these Terms and Conditions. Except as expressly provided herein, MyDoctorCalls and its licensors and suppliers do not grant any express or implied rights to use the Service, Member Content, MyDoctorCalls Content and/or any other Materials on this Site. You hereby agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, create derivative works from or otherwise attempt to deduce the source code, design or data transmission of the MyDoctorCalls Technologies, the Site, the Service, Member Content, MyDoctorCalls Content or any other Materials on this Site or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.
Opinions, advice, statements, offers, or other information or content made available through the Site or the Service, but not directly by MyDoctorCalls, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. MYDOCTORCALLS DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY MATERIALS OR OTHER INFORMATION ON THE SITE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE SITE. UNDER NO CIRCUMSTANCES WILL MYDOCTORCALLS OR ITS SUBSIDIARIES, PARENTS, AFFILIATES, MANAGERS, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, RESELLERS, SALES AFFILIATES, LICENSORS, LICENSEES, OTHER PARTNERS, OR EMPLOYEES, BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR TRANSMITTED TO OR BY ANY THIRD PARTY.
Any and all information you post to the Site or provide in connection with the Service must be accurate, current and complete and pertain to you. You agree that you will not provide inaccurate, misleading or false information to MyDoctorCalls or allow any such information to be published on the Site. If accurate information provided to MyDoctorCalls subsequently becomes inaccurate, misleading or false, you will promptly notify MyDoctorCalls of such change.
You may submit only Member Content to the Site that is (a) owned by you, (b) submitted with the express written permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.
By providing any Member Content to MyDoctorCalls, you automatically grant, and you represent and warrant that you have the right to grant, to MyDoctorCalls, its affiliates, licensees and successors, a royalty-free, irrevocable and non-exclusive right (including any moral rights) and license (as well as consent) to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display such Member Content (in whole or in part and with or without the use of your name) worldwide and/or to incorporate such Member Content in other works in any form, media, or technology now known or later developed, for the full term of all copyrights, trademarks and other intellectual and proprietary rights that may exist in such Member Content. You further represent and warrant that public posting and use of your Member Content by MyDoctorCalls will not infringe or violate the rights of any third party. MyDoctorCalls has no obligation to retain Member Content and you agree that MyDoctorCalls shall not be liable for any failure to store Member Content.
MyDoctorCalls reserves the right, in its sole discretion, to delete or remove Member Content from the Site and to restrict, suspend, or terminate your access to all or part of the Site, at any time without prior notice or liability. MyDoctorCalls may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Member Content, and the substance of any Member Content. To the maximum extent permitted by law, MyDoctorCalls will have no liability related to Member Content. MyDoctorCalls disclaims all liability with respect to the misuse, loss, modification, or unavailability of any Member Content or the Service.
The brand names, slogans, trademarks, service marks, designs, and logos used on the Site or in conjunction with the Service, including without limitation MyDoctorCalls.com (collectively, the "Marks") are the trademarks of MyDoctorCalls and its licensors. You may not copy, display or use the Marks in any manner except as may be automatically displayed by the Service or the Site or as may be provided in a separate express written agreement with MyDoctorCalls. You may not alter any Marks or logos or any other MyDoctorCalls materials, and you hereby agree that all goodwill and other intangible rights which accrue by use or display of any Marks or other materials shall accrue solely to the benefit of MyDoctorCalls. You further agree not to use any domain name, trademark, trade name, service mark, logo, or other materials confusingly similar to the Marks, and not to use the Marks in any disparaging manner. You agree not to challenge the validity of, or MyDoctorCalls's ownership of, any MyDoctorCalls trademark, trade name, service mark, or other proprietary right.
You agree to indemnify and hold harmless MyDoctorCalls, and its subsidiaries, parents, affiliates, managers, shareholders, officers, directors, agents, resellers, sales affiliates, licensees, other partners, employees and licensors, including without limitation Marchex Sales, Inc. and its suppliers (each, an "Indemnified Party"), from all claims, demands, liabilities, losses, damages and expenses (including without limitation reasonable legal fees and expenses), made by you and/or any third party arising from or in connection with (i) your use of the Service, any other user's use of your Account, or your or their conduct while using the Service, (ii) your violation of this Agreement, (iii) your violation of any rights of another, including without limitation any violation of applicable law or any tort committed while using the Site or Service, (iv) content you submit, post to, or transmit through the Site (including, without limitation, any Member Content or computer viruses), (v) your connection to the Site, or (vi) the actions of any employee, partner, representative or agent of yours.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYDOCTOR CALLS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, THE ACCOUNT, THE MYDOCTORCALLS TECHNOLOGIES, THE SITE, OR ANY OTHER SERVICE OR MATERIALS PROVIDED BY MYDOCTORCALLS. MYDOCTORCALLS MAKES NO WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF THE SERVICE. THE SERVICE IS PERFORMED AND THE MYDOCTORCALLS TECHNOLOGIES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EACH OF WHICH IS HEREBY DISCLAIMED). YOU ARE SOLELY RESPONSIBLE FOR THE BACKUP OF ANY DATA WHICH YOU MAY REQUIRE BE STORED IN RESPECT OF THE SERVICE. IN PARTICULAR, EXCEPT AS PROVIDED UNDER THE SERVICE GUARANTEE, MYDOCTORCALLS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND THE SERVICE WOULD NOT BE AVAILABLE WITHOUT IT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO PORTIONS OF THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. FURTHER, MYDOCTORCALLS DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, OR AVAILABILITY OF INFORMATION AVAILABLE THROUGH THE SERVICE, AND MYDOCTORCALLS SHALL NOT BE HELD RESPONSIBLE FOR THE ACCURACY, LEGALITY, OR DECENCY OF MATERIAL CONTAINED IN THIRD-PARTY SITES OR THROUGH THIRD-PARTY SERVICES (INCLUDING ANY SERVICE OR CONTENT REACHED THROUGH THE SERVICE OR THE SITE) AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT THERETO.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE) SHALL AN INDEMNIFIED PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES THAT RESULT IN ANY WAY FROM ANY USE OF THE SITE, THE ACCOUNT OR THE SERVICE BY ANY PARTY OR YOUR INABILITY TO USE THE SITE OR THE SERVICE (EXCEPT WITH RESPECT TO THE SERVICE GUARANTEE) OR YOUR RELIANCE ON OR USE OF INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE SERVICE OR THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS, EVEN IF ANY INDEMNIFIED PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE FOREGOING, AN INDEMNIFIED PARTY IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (TORT, CONTRACT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE), SUCH INDEMNIFIED PARTY'S LIABILITY TO YOU WILL BE LIMITED TO THE AMOUNT PAID BY YOU (OR THE APPLICABLE MEMBER AND LIMITED TO A SINGLE-USER ACCOUNT) FOR THE SERVICE SUBSCRIPTION IN THE LAST THREE (3) MOST RECENTLY PAID MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
You agree not to disclose any personal information or data obtained through the Service regarding any other Member or user of the Site (the "User Data") to any third party for any reason whatsoever without the prior consent of such Member or other user of the Site, unless revealing such User Data is necessary to comply with any applicable laws, rules or regulations.
All matters relating to this Agreement shall be governed by the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof. You and MyDoctorCalls also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within the City and State of New York with respect to such matters.
You agree that Marchex Sales, Inc. and its suppliers shall be third party beneficiaries to these Terms and Conditions with the right to enforce the provisions applicable to them against you and/or the related Member, as applicable. You further agree that, except as otherwise expressly provided in these Terms and Conditions, there shall be no other third party beneficiaries to these Terms and Conditions.
MyDoctorCalls shall not be deemed in breach of this Agreement, nor for any breach of any implied warranty or other obligation, for any failure in performance arising in connection with circumstances beyond its reasonable control, including, without limitation, fire, flood, storm, strike, lockout or other labor trouble, riot, war, rebellion, accident, or other acts of third parties.
Your right to use the Service and access the Account is not transferable and may not be sold, sublicensed, rented, or timeshared, unless expressly permitted in another agreement with MyDoctorCalls. MyDoctorCalls may assign this Agreement, in whole or in part, at any time with or without notice to you.
These Service Providers Terms and Conditions were last updated on September 1, 2011.


The main objective was to refresh the look of the space and reorganize the girls' art/playing school supplies and give them a more grown up place to lounge.
I have gotten in the habit of looking around on Polyvore lately when I'm pulling inspiration together for a space.
Or, let's be honest, when I want to play.
Normally when I want to plan a design board for a space, I need specific products and I used photos from my house. I typically work in photoshop and while it's awesome, it does take quite some time to pull together a design board.


Vintage (late 1980s) Pfaltzgraff Nuance of Red stoneware large coffee | tea mug. 20 fluid ounce capacity.
Vintage (late 1980s) Pfaltzgraff Nuance of Red stoneware large coffee | tea mug. Nuance of Red features a red stoneware ground with random flecks of black.
In EXCELLENT! condition with NO! chips, nicks, cracks or fleabites and NO! marks, stains, scratches or other signs of use or wear.
Rated both dishwasher and microwave safe.
Approximate measurements: 5" in height with a 4-1/2" diameter bowl | capacity: 20 fluid ounces.
THIS LISTING IS FOR ONE (1) mug. Currently, more than one is available in the shop.


text:
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National Reform Agenda: Good deal for a better federation
"Industry will be looking to this week's COAG meeting for decisive breakthroughs in advancing the National Reform Agenda (NRA)," said Australian Industry Group chief executive Heather Ridout.
"The NRA proposals, embodying as they do a broad range of issues where national cooperation can deliver real improvements and enormous gains, can provide the basis for a better working Federation. The Productivity Commission estimates that reforms in the competition and regulation areas alone could boost GDP by two percent.
In today's dollars that works out at about $20 billion and adding longer term health and education benefits the gains could be up to five times this amount. The net boost to government revenues could be as high as $5 billion per year.
"The Agenda, launched with great excitement some 14 months ago as 'a new wave of collaborative reform', has fuelled the work of 40 or so Ministerial Councils, working groups and other forums which have been active in trying to advance the program. However, there is little certainty that this week's meeting will deliver anywhere near the extent of reform that is needed to generate the benefits that the Productivity Commission estimates could be achieved.
"For all the good intentions and hard work there appear to be any number of sticking points. There are political sensitivities to addressing the cross subsidies in road transport. Jurisdictional arguments are standing in the way of getting the best solutions to an integrated approach to urban congestion.
"Some States are reluctant to move ahead on reforms in the areas of power generation and transmission. There is also a reluctance to commit to regulatory improvements in an area as important as occupational health and safety and a lack of openness to reform is inhibiting progress in the health and education areas. Some of the States seem to be reluctant to push the envelope on reforms to make their TAFE systems more autonomous and business-focused to better serve the needs of individuals and industry," Ridout said.
"On the Commonwealth's part there has also been the abandonment of one of the most successful features of the old National Competition Policy: the money on the table to induce the States and Territories to keep on coming to the party. The Commonwealth could probably achieve a quantum shift in momentum if it indicated it would be prepared to give the states half the extra tax revenue it will collect as a result of the reforms.
"There are significant challenges in the days ahead for all levels of government. It is imperative for them to take the big picture view and sign up to major reforms. The meeting on April 13 is not the last ever chance but it provides a real opportunity to show the way for the rest of the NRA program and for subsequent generations of collaborative reforms," Ridout said.
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redpajama_set_name: RedPajamaCommonCrawl


text:
Form/Genre: Drafts (documents)
Sort: Date added (descending)
Fauset, Arthur Huff, 1899-
McMaster, John B.
Fauset, Jessie Redmon
Garvey, Marcus, 1887-1940
University of Pennsylvania.
Philadelphia (Pa.)--History--19th century.
United States--History--1783-1865
United States--History--20th century
African Americans--Civil rights
Authors, American
Kislak Center for Special Collections, Rare Books and Manuscripts [Contact Us]
(Bulk: 1880-1932)
John B. McMaster papers
McMaster, John B. , Author
Extent: 16.5 linear feet (40 boxes)
John Bach McMaster (1852-1932) was an American writer and professor best known for his landmark history of the United States, A History of the People of the United States, which appeared in eight volumes from 1883 to 1913. McMaster's historical technique was notable in its use of newspaper material and his insistence on providing social context from all classes, not simply the political leaders of the time. This collection contains correspondence, writings by McMaster, material used by McMaster in his research, and personal material, such as newspaper clippings of his life and work, testimonials by colleagues, and memorabilia.
PUSp.Ms. Coll. 1330
University of Pennsylvania Kislak Center for Special Collections, Rare Books and Manuscripts
16.5 linear feet (40 boxes)
1860s 1870s 1880s 1890s 1900s 1910s 1920s 1930s 1940s 1950s
1880s 1890s 1900s 1910s 1920s 1930s
McMaster, John B. University of Pennsylvania.
Clippings (information artifacts) Coins Correspondence Drafts (documents) Memorabilia Paper money Postage stamps Research notes Writings (documents)
Arthur Huff Fauset papers
Extent: 32 boxes (412 folders, 5 scrapbooks, and 1 portfolio)
The bulk of the papers pertains to Fauset's endeavors as a creative writer. Twenty-one boxes contain multiple drafts, some manuscript but most typescript, of unpublished novels, including one which is, in essence, an autobiography. Additional writings include addresses, essays, lectures; published and unpublished short stories; and multiple versions of his University of Pennsylvania dissertation, which was later published by the University Press under the title, Black Gods of the Metropolis. Correspondence derives mostly from the 1960s and 1970s and includes letters from Nellie R. Bright, his co-author on America: Red, White, Black, Yellow. Other items of note include seven letters either to or from Alain LeRoy Locke, as well as a photograph of him; a photograph of Jessie Redmon Fauset and an outline of Junior Reading Book on Negro-White Relationships written by her; and a ledger beginning in 1855 for the Union Building and Loan Association, Philadelphia, at the back of which are manuscript texts by Isaiah C. Wears. The papers also contain five scrapbooks: one concerns Marcus Garvey and the four others comprise clippings of Fauset's column The People's Cause and I Write As I See (1938-1943). The bulk of the papers pertains to Fauset's endeavors as a creative writer. Twenty-one boxes contain multiple drafts of unpublished novels, including one which is, in essence, an autobiography. Additional writings include addresses, essays, lectures; published and unpublished short stories; and multiple versions of his University of Pennsylvania dissertation, which was later published by the University Press under the title, Black Gods of the Metropolis. Correspondence derives mostly from the 1960s and 1970s and includes letters from Nellie R. Bright, his co-author on America: Red, White, Black, Yellow.
PUSp.Ms. Coll. 1
32 boxes (412 folders, 5 scrapbooks, and 1 portfolio)
1850s 1860s 1870s 1880s 1890s 1900s 1910s 1920s 1930s 1940s 1950s 1960s 1970s 1980s
Fauset, Arthur Huff, 1899- Fauset, Jessie Redmon Garvey, Marcus, 1887-1940
Articles Autobiographies Drafts (documents) Essays Ledgers (account books) Scrapbooks


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There are few constants that we can count on in life: death, taxes, and the inability to talk about politics over Thanksgiving dinner. In Green Bay, we can add the constants of construction season, brats as a staple ingredient to a good tailgate, and the trust of Aaron Rodgers being needed if you're a running back that wants to get on the field.
For as long as Aaron Rodgers is on the field, the games will be heavily focused on the pass. There's no denying that, at least for the foreseeable future. Due of the focus on the passing game, the running backs must be able to pass protect. Truly impede the defender, hold them up, not just reroute their path as if they were running around a tackling dummy. If you can keep Rodgers upright, he will reward you with the ball and boxes to run through which are rarely stacked.
Three fully capable players who could fill the role. The question remains, who's the one in line for the most opportunity? Who's going to be on the field to benefit from all those unstacked boxes?
The dreaded RBBC. However, the hidden key here is that trust factor of Rodgers. Montgomery opened the 2017 season as the lead back because of his ability to pick up the offensive run scheme and pass protect the best of the three. Before getting hurt and having to miss the rest of the season, he put in 71 rushes for 273 yards, giving him an average of 3.8 yards per attempt. The next in line was Williams, however, he got hurt in his first game as well, giving way to Jones. Williams did subsequently come back and fill in for an injured Jones. The Packer backfield was the epitome of a revolving door in 2017. To their credit, Williams and Jones filled in very well, with Williams having the most attempts and yards of the three with 155 attempts for 556 yards – 3.6 YDS/ATT, and Jones being the most electric with 81 attempts for 448 yards, giving him an average of 5.5 YDS/ATT.
In OTAs this work was showing dividends. Jones was headed to be the steal of your fantasy drafts, but then his suspension got handed down. Jones is suspended for the first two games of the season for violating the NFL Policy and Program for Substances of Abuse, stemming from an arrest in October of 2017, which led to a plea of no contest to a marijuana-related charge in February of 2018. Jones will be available to return to the active roster on September 17, missing games against the Chicago Bears and the Minnesota Vikings. The Packers will lean heavily on Montgomery and Williams in those games.
What the Packers have to work out during training camp is the pecking order. Although McCarthy used RBBC as a way to describe his backfield, what showed most brightly last year was the fact that his definition of RBBC differs slightly than our definition. Where we expect RBBC to be multiple running backs in one game, McCarthy tended to stay with the "lead" back for that game. Feeding the ball to the one guy that started, spelling them sparingly, and sending them back in. Perhaps out of necessity due to injury, especially with the rookies, this method worked well for the Packers producing multiple games with over 100 yards rushing for the running back of the day.
Going into the 2018 season, don't forget about the three running backs in Green Bay. If you're still drafting your dynasty startups or planning for your upcoming redraft leagues, use the dreaded RBBC moniker to your advantage. None of the three are being drafted early because of the uncertainty. Use this knowledge and get your piece of this rotation with huge upside later in the draft. With Jones currently going around pick 99, Williams pick 105, Montgomery not until pick 118, take the slipping Jones in the 9th as your RB4/5 and have an electric home run hitter with fresh legs in the second half of the season. Miss out on Jones, or even Williams in the 10th, feel confident in selecting the forgotten Montgomery in the 11th round. All three can and will produce, given the start.


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Q: Word Mail merge in asp.net c# to add several pages and show I have created a word mail merge in asp.net C#. I need to replace MergeField with data from a datatable. The problem is, only the first page shows correctly, the other pages get added, but with no data as i would want to it.
I want to iterate to the end of datatable rows, generate a word doc for each row and have all these docs in one word file which will then be opened.
I have attached the entire code.
using Word = Microsoft.Office.Interop.Word;

public void GenerateDoc(DataTable dt)
{
    string schoolName = "Name 1";
    string schoolAddress = "Address 1";
    //OBJECT OF MISSING "NULL VALUE"
    Object oMissing = System.Reflection.Missing.Value;
    //OBJECTS OF FALSE AND TRUE
    Object oTrue = true;
    Object oFalse = false;

    //CREATING OBJECTS OF WORD AND DOCUMENT
    Word.Application oWord = new Word.Application();
    Word.Document oWordDoc = new Word.Document();

    //THE LOCATION OF THE TEMPLATE FILE ON THE MACHINE
    string filePath = Path.Combine(HostingEnvironment.ApplicationPhysicalPath, @"App_Data\envelope3.dotx");
    Object oTemplatePath = filePath;

    //ADDING A NEW DOCUMENT FROM A TEMPLATE
    oWordDoc = oWord.Documents.Add(ref oTemplatePath, ref oMissing, ref oMissing, ref oMissing);
    for (int i = 0; i < dt.Rows.Count; i++)
    {
        string studentName = dt.Rows[i]["StudentName"].ToString();
        string studentID = dt.Rows[i]["StudentID"].ToString();
        string guard = dt.Rows[i]["GuardName"].ToString();
        string phone = dt.Rows[i]["Phone"].ToString();
        string address = dt.Rows[i]["Address"].ToString();
        string className = dt.Rows[i]["ClassName"].ToString();
        foreach (Word.Field myMergeField in oWordDoc.Fields)
        {
            int iTotalFields = 0;
            iTotalFields++;
            Word.Range rngFieldCode = myMergeField.Code;
            String fieldText = rngFieldCode.Text;

            // ONLY GETTING THE MAILMERGE FIELDS

            if (fieldText.StartsWith(" MERGEFIELD"))
            {

                // THE TEXT COMES IN THE FORMAT OF

                // MERGEFIELD  MyFieldName  \\* MERGEFORMAT

                // THIS HAS TO BE EDITED TO GET ONLY THE FIELDNAME "MyFieldName"

                //Int32 endMerge = fieldText.IndexOf("\\");
                //Int32 fieldNameLength = fieldText.Length - endMerge;

                String fieldName = fieldText;//.Substring(11, endMerge - 11);
                // GIVES THE FIELDNAMES AS THE USER HAD ENTERED IN .dotx FILE

                fieldName = fieldName.Trim();
                // **** FIELD REPLACEMENT IMPLEMENTATION GOES HERE ****//
                // THE PROGRAMMER CAN HAVE HIS OWN IMPLEMENTATIONS HERE
                if (fieldName.Contains("SchoolName"))
                {
                    myMergeField.Select();
                    oWord.Selection.TypeText(schoolName);
                }
                else if (fieldName.Contains("SchoolAddr"))
                {
                    myMergeField.Select();
                    oWord.Selection.TypeText(schoolAddress);
                }
                else if (fieldName.Contains("StudentName"))
                {
                    myMergeField.Select();
                    oWord.Selection.TypeText(studentName);
                }
                else if (fieldName.Contains("StudentID"))
                {
                    myMergeField.Select();
                    oWord.Selection.TypeText(studentID);
                }
                else if (fieldName.Contains("GuardName"))
                {
                    myMergeField.Select();
                    oWord.Selection.TypeText(guard);
                }
                else if (fieldName.Contains("Phone"))
                {
                    myMergeField.Select();
                    oWord.Selection.TypeText(phone);
                }
                else if (fieldName.Contains("Address"))
                {
                    myMergeField.Select();
                    oWord.Selection.TypeText(address);
                }
                else if (fieldName.Contains("ClassName"))
                {
                    myMergeField.Select();
                    oWord.Selection.TypeText(className);
                }
            }
        }
        //Add to oWord to the final Word Document here
        Word.Selection sel = oWord.Selection;
        sel.InsertNewPage();
    }
    //SETTING THE VISIBILITY TO TRUE
    oWord.Visible = true;
}

What i did initially was, i was calling oWord.Visible = true on every iteration. It was opening a lot of word documents, though correct, it is not pleasant at all for me. I wish to put all those together into a single document by adding new pages to oWord. These new pages however do not contain the mergefields i need to replace.
Have searched around for it, but no results so far. I wish to continue use the Microsoft.Office.Interop

redpajama_set_name: RedPajamaStackExchange


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eBay Reduces Workforce by 10%
Richard Brewer-Hay
In addition to announcing the acquisition of U.S.-based online payments business Bill Me Later and of Denmark's leading online classifieds site dba.dk and vehicles site bilbasen.dk, eBay today also announced plans to reduce its global workforce by approximately 10 percent, affecting about 1,000 employees in addition to several hundred temporary workers and the reduction of open positions.
The reduction is expected to result in pretax restructuring charges of approximately $70 million to $80 million, with the charges predominantly recorded in the fourth quarter of 2008. According to the press release, "the global reduction is intended to simplify and streamline eBay's organization, improve the company's cost structure and strengthen the overall competitiveness of the company's existing businesses."
"We are making aggressive moves to strengthen our leadership positions in e-commerce and payments to competitively position our company for long-term growth," said John Donahoe, eBay Inc.'s president and chief executive officer. "Bill Me Later is a natural addition to our portfolio, a company that belongs with PayPal. Together, PayPal and Bill Me Later will make online payments safer, easier and more convenient than ever."
"Our classifieds acquisition gives us another market leadership position in Europe for this rapidly growing part of our portfolio," Donahoe said. "We are the global leader in classifieds with top positions in Canada, Australia, Germany, Japan and the United Kingdom, and sites in more than 1,000 cities across 20 countries. The acquisition of dba.dk and bilbasen.dk gives us technology and expertise we can leverage across our classifieds portfolio to create better customer experiences."
Commenting on the company's workforce reduction, Donahoe said: "While never an easy decision to make, these reductions will help improve our operations and strengthen our ability to continue investing in growth."
The company also stated it expects to hit the low end of its Q3 2008 revenue guidance and exceed GAAP and non-GAAP earnings per share guidance as issued in conjunction with its second quarter earnings release on July 16. eBay is scheduled to announce third quarter results on October 15.
You can find out more when eBay hosts an investor conference call at 5:30am PT this morning at http://investor.ebay.com. The call will be archived at the same address.
For more information regarding this news and to access additional presentations and documents related to all of today's announcements, please visit http://blog.ebay.com/news.
– RBH
Topic: Announcements
Previous Story: eBay Inc. adds Bill Me Later to Portfolio Next Story: eBay Acquires Leading Classifieds Companies in Denmark
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TestStack is a collection of open source projects which mainly focus on making the left side of Marrick's agile testing quadrant easier!
Early last year, Mehdi Khalili created BDDfy (then called bddify), a simple yet powerful and extensible BDD framework for .Net. I became a very active user of BDDfy, and eventually a contributor. This year Mehdi and I decided to setup a new open source project for automated UI testing with Selenium, called Seleno, and a GitHub organisation, TestStack, for the two projects. Since then, we have been joined by Krzysztof Kozmic, Jake Ginnivan and Rob Moore.
I first learned about Brian Marrick's agile testing quadrants (pictured below) when I read Agile Testing, by Lisa Crispin and Janet Gregory. I was just getting into acceptance testing and Domain Driven Design at the time, so it really made a lot of sense. The tests on the right, the ones that "critique the product," are what you might consider the traditional testing that testers have done after a feature is developed.
TestStack is focused on the tests on the left (Q1 and Q2). These tests support the agile team and are the ones that I am familiar with as a developer (or should I say as part of The Three Amigos/Triad?) They are test first, promoting the "testing as design" mindset, and tend to be automated. Things like unit and integration tests, acceptance tests, and UI tests and methodologies like Behaviour Driven Development and Acceptance Test Driven Development.
Quadrant 1 has unit tests and component tests (or integration tests as I prefer to call them) which are the tests written by developers, usually(?) following TDD, to test whether the system does what they intended it to do. These tests tell you that your code is technically correct and that you are "doing things right." They provide verification.
Quadrant 2 tests tells you that you are "doing the right thing", meaning you are actually building what the customer wants. They provide validation. Tests in this quadrant attempt to solve the biggest problem in software development – communication - so that the customer, testers and developers can agree on what will be built. They are functional tests, consisting mainly of story-level acceptance tests that the teams use to validate that each story works the way the customer intended. When developers automate the acceptance tests they become executable specifications, which is expressing requirements such that they are also tests. The benefits of executable specifications are that they are meaningful to all interested parties, they unambiguously demonstrate if the requirement is met, and they drive out a testable application design. They help the developer know where to start testing and when they are finished, and keep them on track to only implement the required functionality. They also provide a form of living documentation, such as the BDDfy report below, where the documentation is always in sync with the code.
The framework is called BDDfy because it BDDfies (as in turns into BDD) your otherwise traditional unit tests. Pronounced B D Defy, it is very simple to turn your AAA tests into a BDD test/behavior. BDDfy can work with any and all testing frameworks. In fact, it works even if you are not using any testing framework.
Seleno helps you to write automated UI tests in the right way by implementing Page Objects and Page Components and by reading and writing web page data using strongly typed view models. It uses Selenium for browser automation.
Convention over Configuration is a great way to cut down repetitive boilerplate code. But how do you validate that your code adheres to your conventions? ConventionTests is a code-only NuGet that provides a simple API to build validation rules for convention validation tests.
This library provides a fluent interface for creating terse and expressive tests against ASP.NET MVC controllers. The motivation behind this library is to provide a way to test MVC actions quickly and maintainably.
I would encourage you to check us out on our website and download the code from github and try it out. Get in touch with us on twitter or email if you have any issues or questions about the projects or agile testing in general. We love this stuff and are happy to help!


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With its tiered design it can double as a set of steps by a couch or bed, and it protects your furniture by giving your cat its own scratching surfaces. Great for pampering your older kitties, with its tiered design it is very easy for them to climb.
Available with one or two legs wrapped in sisal, which helps your cats maintain a healthy nail -- and adds a longer life to your tree, plus saves your sofa!


text:
Senate motion on WTO emergency powers to save Port Kembla steel industry
Lee Rhiannon 9 Sep 2015
The Abbott government will be asked to activate World Trade Organisation emergency powers to save the Port Kembla steel industry if a motion before the Australian Senate is passed.
The motion, to be debated on Thursday 10 September, has been moved by Greens NSW Senator Lee Rhiannon and Victorian independent Senator John Madigan. Full wording of the motion is below.
Greens NSW Senator Lee Rhiannon said, "We have introduced this motion as the Abbott government is dragging the chain on dealing with the crisis facing the Illawarra.
"Australia is on the verge of losing its steel industry and the Illawarra community would be decimated with the massive job losses.
"The government has the power to enact WTO emergency powers that would allow temporary and targeted tariffs to be introduced.
"Other countries including the US, India, South Africa and the European Union have adopted this measure in response to the dumping of steel.
"The Senate backed our earlier motion on the future of the Illawarra steel industry so we are hopeful we can win support for this motion," Senator Rhiannon said.
I give notice that on the next day of sitting I shall move that -
The Senate -
a) Notes that:
(i) Urgent action is needed to ensure that Australia does not lose its steelmaking capacity, in the wake of the global steel industry crisis and;
(ii) Steel producing nations are responding to the oversupply and dumping of sub-cost steel with a range of strategies that include increasing public procurement, restructuring and emergency safeguards in the form of temporary targeted tariffs.
b)Calls on the Abbott Government to:
(i) Work with the steel industry, unions, businesses and communities to minimise the impact on local jobs and living standards from the world wide over supply of steel and;
(ii) immediately introduce allowable World Trade Organisation emergency safeguards by way of temporary and targeted tariffs similar to those introduced around the world including the US, the European Union, India and South Africa to retain our steel industry
SENATOR LEE RHIANNON and SENATOR JOHN MADIGAN
Contact - Brami Jegan 0487 350 880


text:
HomeInterviewsInterview: Spencer Cullum on the future of the pedal steel, folk and krautrock
Interview: Spencer Cullum on the future of the pedal steel, folk and krautrock
November 23, 2020 Martin Johnson Interviews 3
Have you heard of Spencer Cullum? You may not have heard of him but if you have enjoyed the music of Miranda Lambert, Dylan LeBlanc, Deer Tick, Little Big Town, Charlie Worsham, Caitlin Rose and many more you will have heard his pedal steel playing because he is one of the most in-demand pedal steel players in Nashville. You may not think that is too surprising but when you realise he was born in Romford, Essex, and was a key part of the UK americana scene you begin to realise he is not your average Nashville musician. This uniqueness is a characteristic of his new album 'Coin Collection' where he channels the spirit of Sandy Denny and '70s British folk-rock with that of the krautrock of Can and Neu! to move the sound of the pedal steel forward with support from some of the best young musicians in Nashville. Americana UK's Martin Johnson caught up with Spencer Cullum to discuss the influence fellow British pedal steel player B J Cole had on his early career, the challenges of being a Nashville and international session player during a pandemic, the ambient friendliness of the pedal steel guitar and the influence Eno had on his sound and his fond memories of the UK americana pub scene.
How are you, I hope you and your family and friends are all OK and coping with the challenges of COVID?
Every day is a new day as they say. It is miserable weather but things are going alright here in Nashville. It is like wrapping up the year now, everything stops in Nashville around about November.
I heard you are coming back to the UK for a break or something, is that right?
Yes, I am. I'm pretty terrified about it with the North being shut down and a Tier 2 thing in London.
There is not a massive difference between Tier 2 and Tier 3 from a visitor's perspective. Pubs and restaurants are shut under Tier 3 but not many people visit them under Tier 2 anyway. There may be a psychological difference though in terms of how the different tiers impact people. The way it is going the whole country is heading towards Tier 3.
I'm recording on the Isle of White, and I think there are only like eight cases there at the moment. I'm going to stay in my parent's back garden shed until I get tested and get through the red tape, which is fine I understand why. Where are you based?
About twenty miles north of Liverpool on the coast, Formby. There are worse places to be confined.
Do you get to walk along the coast and what have you?
Yes, there is the Sefton Coastal Path in the sand dunes which is very popular. But you can't go to the pub, restaurant or a gig, obviously.
Just bring the pub to your house.
Not quite the same though is it, particularly as you can only have people in your bubble in your house at any time?
2021 is going to be better.
Did you meet Trump when he was in Nashville?
I try to avoid him like the plague. It was really crazy, he was at Belmont University, and it was kind of terrible because that strip is really popular, and there is a really cool bagel shop which I go to, and those businesses on that strip were closed down for four days. This is at a time when things are tight anyway. Everyone was up in arms about it but I kind of stayed in. I have been watching the debates and hopefully, this will all turn out to be a bad dream. It is like the Soprano's running the place. How is the americana scene back in the UK?
As you know it is niche and a lot of artists are struggling. People are using streaming and still deciding to release albums. Americana Music Association UK is doing a lot of seminars to help artists. A couple of artists have managed to break through despite all the challenges.
I always worry about the great venues that put on americana like The Betsey Trotwood (Farringdon Road, London EC1). Hopefully, they will keep going through it all.
Unfortunately, it is not guaranteed. The government has not been particularly generous to live music and live arts in general. What money that has been provided has to trickle down to where it is really needed.
I used to love going to places like the Green Note (Parkway, London NW1) and I can't imagine those places not being around.
A pedal steel player in Nashville, no surprise there, but you are originally from the UK so fairly unique.
There aren't a massive amount of pedal steel players in Nashville, but it is true there are more than in London.
I have heard a rumour that B J Cole has a contract out on you. Is that true?
HaHa. Seriously, B J did help me a lot when I first started getting into it. I actually hunted him down and begged him to teach me pedal steel, and he was absolutely brilliant.
I think he is 80 this year and there was talk of a celebration for him until COVID hit.
He has been keeping busy with stuff, he has his home recording place. He sent me a link recently to the new Matt Berry record that he is on. It is great, it is like '60s psychedelic pop stuff. I chat with him now and then to see how he is keeping, and he is still B J Cole.
How old were you when you were first attracted to the pedal steel guitar?
It was a while ago, I think I must have been about 22.
Why? It is a heavy instrument very difficult to carry.
That is true and then all the pedal steel players want really big fender twin amps. I guess I was really into British music that had pedal steel.
There is not a massive amount of that.
You are right, there isn't a lot of it. It was like Elton John, Humble Pie and a few others including Gerry Rafferty. It was a lot of the stuff that B J played on.
Who else was there on pedal steel, Gerry Hogan?
Yes, Gerry Hogan. The Hollies had some pedal steel. With a lot of the British studios, there would be a dodgy pedal steel in the corner of the studio and the British guys would be like "I can play this". I guess when Jimmy Page was doing session work he would play pedal steel. There was a lot of that going on, on the records. I guess I learnt pedal steel from all those records.
Why did it capture your imagination?
Because it never seemed intrusive and never got in the way. It always just floated around everything. It is the only instrument where you can put the bar on one fret and move chords in one position. You know like with a lap steel you are moving left and right, but with a pedal steel you can change the sound, you can move the chords in one position, so it is just naturally the only instrument that can do that. I think on any kind of music you can use it, and it never gets in the way. It is almost like a Hammond that circles around it. I like the idea of being in the background, moving around the singer instead of being this like loud guitarist. All my favourite guitarists sound like pedal steel, people like Bill Frisell, and I love that. I like being in the background, it is a nice feeling, I look like I am taking a test.
What is the mental and physical coordination that is required to be a good pedal steel player?
Haha. You have knee leavers, use your feet and hands as well. I lost a significant part of my life to it. I really hunkered down, it is a commitment I think.
When did you go to Nashville?
About 10 years ago now, I think. I was playing with Caitlin Rose in the States and in Europe, I was recording on her records and then I started getting more work over in Nashville. There was a little bit of work I got over in England, but it wasn't that great.
B J wouldn't let you.
Haha. There was a little scene going in Nashville and they were supportive of musicians. People like Caitlan, Andrew Combs, Raylond Baxter and all these people were like kind of hanging out and everyone was playing their stuff and I was going I can do this. I moved in with Andrew Combs in East Nashville when East Nashville was dirt cheap. I was living in Whitechapel before and paying so much money and then I moved there and it was like costing me $300 per month. It was a little house where we could rehearse. I was playing on more records and I thought wow, I can get work here. Also, I could drive and put my pedal steel in a car and drive it down the road instead of trying to put my pedal steel on a sack barrow on the tube. So I just started playing here in Nashville.
Were the local studio players sympathetic to this English guy who had appeared?
There were obviously steel players in Nashville, but there weren't as many as I thought there would be. I think they liked the fact I played like I was heavily influenced by B J Cole, and a lot of that sort of pedal steel. Not quite country, it was more like a British person tackling it. I think British people attack stuff in a different way than Americans. I did have to learn to play country in Nashville because in London I played sessions and when I was in Nashville it was like can you play like Pete Drake and Lloyd Greene. I really got my arse kicked here.
If you mention pedal steel to most people it is country music. Do you think that country music has limited the pedal steel so it is not seen as a general instrument? It has become ubiquitous with country music.
Buddy Emmons and Shot Jackson were the leading lights with the pedal steel in Nashville in the '50s. It came from the lap steel and I think Webb Pierce's 'Slowly 'was the first pedal steel track. I think it could be the instrument's time. I'm not saying I don't like the country stuff, I really love that early stuff with country pedal steel playing. With artists like B J Cole and Greg Leisz who you will hear on a Daft Punk record, it is slowly, slowly creeping in.
You mentioned Bill Frisell earlier, and his guitar playing is playing with sound.
Like ethereal
Is it jazz, is it ambient, what is it?
It is like Eno was a guitar player with jazz overtones.
He knows his roots music as well doesn't he?
He does and I kind of love that.
You have three paying jobs don't you? You play sessions, you have your own instrumental band Steelism and you are in Miranda Lambert's backing band.
I keep busy for now. I have to hustle now. I was touring a lot with Miranda Lambert who is a big star over here.
That must have been nice.
It was. I was used to playing in the Ruskin Arms (East Ham, London EC12) and I went from that to Madison Square Garden. It was crazy stuff, like a whirlwind. She is great, she really lets me play, she loves country music and I can play what I want so it is great.
I assume she could have had any pedal steel player she wanted?
It was a similar thing. I think Americans like that different sound, oh it is not traditional. I was also heavily influenced by that west coast steel, Sneaky Pete and Red Rhodes.
I heard they played like they did because they were still learning to play pedal steel.
Yes, yes always learning. There is even now a sort of steel community and B J will tell you the same, and I get together with a lot of steel players from over here on Zoom and we talk and bitch about certain stuff and it is like "you can't change the sound of the pedal steel, that is just sacrilege, you can't put distortion and fuzz on a pedal steel". There is that like group of pedal steel players who are like keep it country, and that is just going to kill it. You have to keep developing it.
How did you break into the Nashville session scene? Someone must have helped open the door for you.
Yeah. I think that was Caitlin really. There is also a producer guy call Jordan Lehning and Scarlett Wilson who also put my name around and that helped me. I do it now where it is a lot easier, when I first started doing it they put a number chart in front of me and I was "Hey here mate, what's this?". They go "That's the Nashville number chart, you never heard of it?".
Exactly. Now though, at the moment because of COVID and I've been doing lots of demos. The number chart is really quick, and they want so many tunes an hour and you just have to read the chart. It isn't all my cup of tea musically but it is great practice for thinking quickly and coming up with new ideas. We didn't get those sort of charts in Romford though.
Steelism is your instrumental band. Why go solo?
We still do Steelism and we are working on another record now. I grew up listening to stuff like Fairport Convention from my parents, I love Richard Thompson and I also loved prog rock like King Crimson, Genesis and Eno.
That wasn't your generation
I know, I know but it was on in my home. I was going that is my favourite type of British music why can't I do a record like that with, you know, Nashville people.
Did the Nashville musicians understand it? Did they care, I'm just trying to think how they would approach it.
What you need to know is that there is a great scene in Nashville, which kind of pushed me to make this record. There are a lot of people doing a British folk-influenced style music. There is a girl called Erin Rae, who is a singer-songwriter in Nashville, and she sounds like California era Sandy Denny, there is another guy call Shawn Thompson, who can do John Martyn guitar stuff. There is a little scene where people are really influenced by British folk music and as Nashville musicians, they do it really well. If they are influenced by something, they do it to a really high quality, and I thought I have got to make a record using these players. Using me writing songs was an excuse to move everyone around. I've got this bass and a starting line and let's work around that.
You have your folk-rock which is not too much of a stretch. How did you get your ambient influence?
I was such a Soft Machine fan, the Kevin Ayers stuff as well, and a lot of the players are into that here and they play it like that. They play it so well, Nashville has this big Music Row thing of "Can you sound like….?" Whatever and then there is this little scene where the question is "Can you do Frippertronics?". I had trouble finding stuff like that in London, and as soon as I stumbled upon it in Nashville it was this has got to happen.
You must have had to search that music scene out?
There was a really cool record store called Fond Objects, which you may have heard of because AmericanaFest would put shows on there. I saw a lot of those artists play there. Lambchop's Will Tyler grew out of that scene.
Where do the electronics fit? A lot of the prog and ambient stuff was heavily processed. Do you mix both sounds?
I think Eno, Richard Thompson and Fairport Convention weren't that far apart. All that prog world and folk world weren't that far apart so it is easy to manipulate the sounds. I will then throw some krautrock in there and we are rolling. It is all roots music at the end of the day I think.
In my mind, you have picked up the way the pedal steel is a three, or conceptually even a four-dimensional instrument, and you have managed to apply that to something that sounds similar. You have the record and you are pleased with it?
Yes I am. I'm still a sideman really, I don't like being a singer-songwriter. With this whole thing, I have wanted it to be a collective, not like "This is my record". I want it to sound like a collective of musicians and I am still unsure about getting up and out front.
You can't when you are sitting down playing your pedal steel.
I know. I am still the guy in the background studying for a test hahaha.
What are you going to do with the record? How are you going to get it to its potential audience and promote it?
We have done a Grimey's COVID style no audience show, just filmed a few days ago. We are putting that out, and I've managed to get Caitlin and a girl called Annie Williams who sang on the record, then the band and Erin. I would like to see what happens in 2021 and do shows where this collective will be able to play music where we don't just play my songs but also other people's songs who come in and out of it. I like that idea.
So you have an overall sound and approach but the material and actual tunes on the night reflect the individuals there on the night.
Yeah. I'm just going to see how everything goes but hopefully, we will do something in 2021.
Do you see the album as a single piece of music or are there a couple of tracks that you are particularly fond of?
The first song and single 'Jack of Fools' is kind of poppy and more straight folk type stuff and less experimental than the stranger type stuff but I guess I see it as a whole piece of music.
You are young enough and baggage free to be able to try and re-establish the pedal steel as a more widely used instrument?
I'm just trying to keep busy, trying to make the pedal steel move in a direction I like listening to.
That is how music actually moves on.
I guess so. I will see how this record goes.
You have already mentioned some of your influences, obviously B J and Bill Frisell and folk-rock and prog-rock of the '70s. Are there any other significant influences on your music in general, not simply your steel playing ,such as Eno who you have mentioned?
I really love Sneaky Pete and he was just playing on so much like Frank Zappa, Stevie Wonder. He is a great influence. I am also a huge krautrock fan, bands like Can, Neu! and all those sorts of '70s bands. There is one track on the record that is a complete rip-off of a Can song because I thought I need a krautrock song. I love the sound of a pedal steel with that sort of music because it is just so hypnotic and the steel can be the same, hypnotic and ambient at the same time. Orchestral as well, and I just love merging all those strands.
Sneaky Pete also worked in the film industry, as well as his music, didn't he?
He was wise to have another gig because the pedal steel can be limiting. He was a clever dude hahaha.
Have you thought about scoring soundtracks with your pedal steel sound?
Jeremy, the guitarist with Steelism, formed that band to play soundtrack type music, Ennio Morricone and what have you. We were always working on stuff, even for films that haven't been made, soundtracks for films that were only in our heads.
The pedal steel is a very evocative sound and you can adapt it to various musical situations if you want to.
I was watching an HBO film with Mark Ruffalo, and I was like what is that noise? The soundtrack had almost a Philip Glass sound and it was a pedal steel they were using. I was like yeah this could be something. I was thinking, no that can't be B J Cole, can it? He gets everywhere.
How long are you going to spend in the UK?
I've booked for three weeks. I thought if I need to stay in quarantine for two weeks and then a week in the Isle of White recording. There is a studio on the island. I'm going to get tested regularly and I am a bit nervous about it. I will have my masks and I will shield as appropriate and watch my hygiene. That is what I have been doing here, and all the studios and restaurants seem to be taking it seriously. I did an album with Charlie Worsham recently and it was like a one week record and we all got tested. If you are doing anything for a week then you must get a test. It is just what you have to do.
At AUK, we like to share new music with our readers, so can you share who is currently top 3 on your playlist?
I have been really listening to a guy called Duncan Browne, an English folk singer, on his self-titled 1973 album and a particular track 'In The Mist'. He sounds like Paul McCartney, but folk. I have been obsessed with Moondog, and I feel like that has been really cheering me up. I like his vibe and I put it on in the morning and walk out the door with a spring in my step. I've also been burning out 'Clear Spot' by Captain Beefheart and his Magic Band. It has been nice while the pandemic has been going in that I have been going back to records I used to wear out. I also really like Brent Cobb's new one which is a really cool record. He reminds me of Leon Russell and Jerry Jeff Walker and stuff.
Jerry Jeff just died recently didn't he, unfortunately.
I got this Vanguard release of his recently and I think he is a bit different. He was like folk, country but tough. He and John Hartford wore their hearts on their sleeves. I love that, I'm not really a tough guy as you have probably guessed.
What is good about tough guys. You have one in the White House and look where that has lead. You mentioned Leon Russell, he died about four years ago, and is he still well remembered in Nashville?
There is this guy who I really like who is a producer in town, he is from Memphis, and he is called Skylar Wilson and he has done Justin Townes Earle's records, and he is a beautiful piano player. He can play Leon Russell just to the T. He is a young kid, a Memphis boy, and he just does it. Everyone loves Leon Russell around here.
The piano is a bit like pedal steel, it is very hard to play well and the musical personality of the player comes through the strings.
Yeah. You can hear Oklahoma in Leon's playing, it is just coming out of him. I am from Romford, Essex, and I can't hide that so I need to embrace it a bit. I've been trying to think of famous musician's from Romford, Graham Bond was one I think, Procol Harum as well.
Finally, is there anything you want to say to our readers in the UK?
Be safe, and I miss old Blighty. I will be sinking a pint of Doombar back home when I'm in England. I do miss it, they will probably all be shut when I get there, but I do miss a quiet pub and the English sense of humour and the people. I miss the americana crowd particularly.
Spencer Cullum's 'Coin Collection' is out now on YK records
Photo credits: Angelina Castillo
B J Cole
Sneaky Pete Kleinow
Spencer Cullum
About Martin Johnson	83 Articles
I've been a music obsessive for more years than I care to admit to. Part of my enjoyment from music comes from discovering new sounds and artists while continuing to explore the roots of American 20th century music that has impacted the whole of world culture.
Track Premiere: Annie Mack "Judge And Jury"
Video: The Weather Station "Tried to Tell You"
Mark Hepler says:
Amazing that two minor musical talents, limey pub crawlers in fact, deign to criticize Trump–a guy so much more intelligent and accomplished than they. Play your instruments, blokes, write your articles, leave politics to smarter people. And fix your own country . . . it needs work.
Martin Johnson says:
Mark, freedom of speech which includes all media, is probably the greatest freedom that western society has developed. It goes back to Athens in Ancient Greece, picks up England's Bill Of Rights, the French Revolution and America's First Amendment. All this history means that I can write about Spencer's views and you can give your views on said views. A right to be cherished I am sure you will agree.
amsterdamsummer says:
Mark – you're an idiot. Best, Dan


text:
Any Dream Will Do (1974 Studio Version)
Gary Bond & Childrens Choir From: Islington Green Comprehensive School, St. Clement Dane School ,Barbara Speke Stage School
Any Dream Will Do
The Music of Andrew Lloyd Webber, Memory
Andrew Lloyd Webber & Sarah Brightman
Love Changes Everything - The Andrew Lloyd Webber collection vol.2
Andrew Lloyd Webber, Donny Osmond & "Joseph And The Amazing Technicolor Dreamcoat" 1992 Canadian Cast
Unmasked: The Platinum Collection (Deluxe)
More from "Joseph And The Amazing Technicolor Dreamcoat (1974 Studio Version)" album
Jacob And Sons / Joseph's Coat (1974 Studio Version)
Gary Bond, Peter Reeves & "Joseph & The Amazing Technicolor Dreamcoat" 1974 London Cast
Joseph And The Amazing Technicolor Dreamcoat (1974 Studio Version)
Joseph's Dreams (1974 Studio Version)
Poor, Poor Joseph (1974 Studio Version)
"Joseph & The Amazing Technicolor Dreamcoat" 1974 London Cast, "Joseph & The Amazing Technicolor Dreamcoat" 1974 London Cast, Peter Reeves & Childrens Choir From: Islington Green Comprehensive School, St. Clement Dane School ,Barbara Speke Stage School


text:
Tale of Two Halfs
Story by Christopher Taylor, sophomore at St. John the Baptist Parish STEM Magnet High School Program and photos by Wyatt Vaughn, senior at Holy Cross High School. Mentored by Jim Rapier.
Friday night at Smoothie King Center, the New Orleans Pelicans, featuring a lineup made up mostly of younger players, faced the second-best team in the Eastern Conference the Toronto Raptors. With key players Jrue Holiday and Anthony Davis not playing, the younger New Orleans players needed to step up and they did, for one half. In the second half the Raptors trampled over the Pelicans on their way to a 127-104 victory.
From the tip, the young core of Kendrick Williams, Jahlil Okafor, Julius Randle, Frank Jackson and Elfrid Payton showed lots of hustle and effort. The play of Cheick Diallo off the bench also helped to keep the game close throughout the entire first half. With Toronto's Kawhi Leonard having a dominant first-half performance (24 points on 11-for-13 shooting), the strong play by Randle, Jackson and Diallo, who combined for 34 points in the half, helped the Pelicans keep the score close at 64-61.
The second half was a totally different story. It was like the Raptors flipped a switch and the Pelicans couldn't match Toronto's play. The Raptors quickly pushed their lead to 70-61 before a thunderous slam by Randle to cut the deficit down and bring his point total to 15 on the night. After back-to-back turnovers by Toronto it seemed as if the Pelicans would pick up the pace and rally, but that wasn't the case. Leonard and the Raptors turned it on again. Toronto's defense forced numerous turnovers and scored often to increase its lead from three at the half to 13 at the end of the third quarter.
The Raptors didn't let up in the fourth quarter and the Pelicans continued to dig a deeper hole with turnovers. With 6:20 left in the fourth quarter and New Orleans down by 21 points, Pelicans fans began to walk out of the arena. Toronto finished the game with 25 points off 17 forced turnovers, 66 points in the paint and 53 fast-break points. Leonard's 31-point performance led the Raptors. Pascal Siakam poured in 19 points to back Leonard.
Jackson finished with 20 points, Randle with 18 and Diallo finished with 16 and 12 rebounds to lead the Pelicans. Despite these strong performances and a good first half by this young Pelicans team, it wasn't enough to overcome Toronto.
On Sunday, March 10 the Pelicans will take on the Atlanta Hawks (22-45). According to ESPN, guard Jrue Holiday and forward Anthony Davis are expected to not play once again.
Tags:Christopher TaylorJim RapierPelicanssportsWyatt Vaughn
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Loved this car seat keeping it for baby number 3 for when he's older big brother loved it and cried when he was to big for it. The big selling point for me was the specks in the head rest little man love them only thing is it is a big car seat and not a lot it room when there is two car seat and a 13 year old in the back. I have told friends and family about this car seat.
Good strong car seat once fitted in the car by the issofix points it doesn't move much.
Lovely car seat very well made and good value for money. My daughter loves this car seat it allows her to listen to her music or her dvds through the built in speakers and we don't have to sit through it ourselves.
It's a big car seat so we only use one seat in the back instead of the two but my daughters comfort and safety is paramount. In other car seats my daughter has had she complained the seat wasn't padded enough but in this seat there is plenty of padding making long journeys more comfortable I wish there was a lie back feature as my daughter still sleeps on longer journeys and this causes some issues with her neck we have used the pump up head rest built in but it's not that good and other pillows and neck devices are hard to use because the seat is so big around her head.
My stepson loves this seat. It's nice and high so he is able to easily see out of the car window. He loves the built in speakers and so do I as it means he can listen to his own music and we don't have to! The seat is quiet big though and we struggle to get 2 other people into the back seat when this seat is in the car.
The Monza Nova 2 car seat grows along with your child. The 11-way height adjustable headrest makes it suitable from approximately 3 to 12 years.
Reliable protection is provided for the head, neck, back and hip areas, with maximum side impact protection, and optimal safety even for older children.
Also available with integrated seatfix connectors. Not only is the Monza Nova 2 car seat safe, it is also comfortable, providing all necessary support with the foam seat and air circulation system.
This child seat also impresses with the innovative integrated RECARO Sound System, which encourages your child to keep their head in the protective headrest zone.


In his artistic work Morten Barker examines and explores the limits on how the image distorts the reality we know. Barker creates images based on war film landscapes, which are articulated through the fictional and the documentary. Through digital manipulation and sampling of screenshots the artist creates an ambiguity in which geography, depth of field and time are blurred.


Up there, the cold no longer the worst danger….
A team of scientists investigating climate change at a remote outpost in the Austrian Alps come across a mysterious organism which has thawed from the ice and has the ability to blend the DNA of multiple creatures, creating horrifying and very deadly hybrids. When infection spreads to human hosts and with an impending visit by a team of government officials, the group must fight for their lives to survive this terror.
With the spectre of The Thing hanging around it from beginning to end, Blood Glacier is a film with an interesting premise full of potential which doesn't quite click into place. It should be unfair to pair the two films off against each other but when the front cover of the DVD brazenly states "A slice of horror reminiscent of John Carpenter's The Thing" the film is asking for trouble. Blood Glacier is The Thing-lite and whilst that's not a bad thing for a lot of the time, you really wish this one would kick in harder during the second half like Carpenter's legendary sci-fi horror.
Blood Glacier has a strong opening half which sets things up nicely and provides suitable elements of mystery, suspense and a few moments of droll black humour. The atmosphere is sharp, the discovery of the strange glacier and resulting encounter with the mutated fox is unsettling and the scene is set for a thrilling second half. Only this never really materialises, delivering patchy moments of action, scare horror set pieces and a couple of bizarre plot twists. Several scenes are dragged out far longer than needed (for instance, the scene with the characters contemplating putting a dog down) and this kills any sort of momentum that Blood Glacier tries to build up. Just when things get interesting, the film takes its foot off the pedal and slows down. Thankfully, the foreign origins cement the film in reality, avoiding the insulting pitfalls of throwing in good-looking teenage characters and sexual elements like so many American horrors succumb to, and keeping the situation as plausible and believable as possible without getting too silly.
Blood Glacier uses the Alps setting to perfection. Like the greatest isolation horror films, the film conveys the sense of loneliness and sheer desperation of the group of people trapped in the middle of nowhere and facing an abominable monster. The cinematography is fantastic, with the vast natural beauty of the Alps doing the rest of the hard work in really hammering home the scope of the situation. Sadly, the characters populating this lush scenery are rather one-dimensional and unlikable, save for leading man Gerhard Liebmann's bearded Janek character. The rest of the characters vary between being unpleasant or non-descript and neither is a good thing. Too many characters are introduced at the mid-way point to make any impact upon the film other than provide the monsters with a few more victims.
Blood Glacier earns major brownie points by sticking to practical effects for the most part, bringing to life it's variety of mutated creatures with gooey old school make-up effects. Thanks to the creative idea behind the DNA mutating everything in its path, the film offers up a host of peculiar and monstrous hybrids including foxes, goats, beetles and eagles and it's clear that the effects team had a field day coming up with ideas. The only problem is that you don't get to see enough of them and when you do, they're usually semi-lit, disguised with rapid cuts and flashy editing and move rather jerky and awkwardly when you do get a glimpse. The creature designers should have had more confidence in their effects because when they do get more than a fleeting moment of screen time, they look nightmarishly horrific. The goat-thing that breaks through a window at one point deserved more screen time.
The creatures don't get to do that much in the film apart from make a few "boo" appearances and the body count is surprisingly limited as a result. There is enough gore on show to quench the lightest thirst of blood fans but those looking for wall-to-wall splatter will be disappointed. I guess gore wasn't a priority for director Marvin Kren but given the nature of the DNA-splicing monster, the possibilities for some icky on-screen transformations ala The Thing are almost endless – an untapped wealth of set pieces have been glossed over for whatever reason.
I really wanted to love Blood Glacier but found myself disengaged with it. All of the necessary ingredients are present but the resultant blend is underwhelming and leaves you shrugging your shoulders wondering "what if." It's by no means the worst example of this genre but it is too light for its own good.


The one and only Tomáš Kubínek is a comic genius, virtuoso vaudevillian and an all-around charmer who provides an utterly joyous experience that audiences will remember for a lifetime.
His latest creation, Tomáš Kubínek – Miracle Man – is a rip-roaring revival of stunts and skits that leaves audiences dazed, beaming and in love with life once again. He performs this production at The Clayton Center on Thursday, January 31, at 7:30 PM.
Tickets are $5, and children ages 8-12 are free. Please note that due to the focused nature of the program, this performance is not suitable for children under 8 years old.
Look for these logos on the purchase page when buying tickets online.
attend a local event. We work hard to keep ticket prices affordable at The Clayton Center, so it concerns us when we hear that patrons have overpaid by purchasing tickets online from a third-party website.
When you search online for an event at The Clayton Center, please be sure to check the URL of the link that you are selecting. The only authorized websites to purchase tickets to Clayton Center events are theclaytoncenter.com and etix.com. Always look for The Clayton Center and etix logos on the purchase page before completing a ticket purchase.
You can also call the box office 919-553-1737 or stop by the box office at 111 E. Second St. to make your purchase.
We urge you to be diligent when making an online ticket purchase. If you have any doubt about a ticket price or available seating, please give us a call at 919-553-1737. Box office staff members will be glad to assist you with your order.
Terri Clark, Pam Tillis and Suzy Bogguss sit down in Clayton for a good, old-fashioned acoustic guitar pull at The Clayton Center on Thursday, October 19, at 8 PM. The Chicks With Hits bring us their best-loved songs from their legendary careers.
You might be asking, "What's a guitar pull?" The guitar pull is a southern tradition where a small group of musicians sits around and takes turns playing songs on a guitar. The "pull" part comes from the assumption that there was only one guitar among the group, so one may have to "pull" it away from another musician to get a turn.
It's not likely that these Nashville stars will be pulling guitars from one another, but they will be pulling out all the stops to bring us an entertaining and memorable show. We expect tickets for this show to sell quickly, so get yours early. Tickets go on sale this Wednesday, September 6, at 10 AM.
Shana Tucker is so popular that we are adding a Show-Only ticket for her performance here at The Clayton Center this Thursday, August 24, at 7:30 PM.
Limited tickets for our season kick-off party sold out on Friday. So, we are adding a Show Only ticket — because we want everyone experience Shana's awesome talent.
The Show Only tickets can be purchased online or through the Box Office at 919-553-1737. These tickets are available for Will Call only, and can be picked up only at the Box Office beginning at 7 PM Thursday. So come on out and join us for some great music by Shana Tucker this Thursday.


Lego set 79109 The Lone Ranger: Colby City Showdown released in 2013 and now retired. Includes all pieces, all 5 minifigures plus weapons, and both instruction booklets, all in excellent condition. Pickup from Ashmore or can offer postage at buyer's expense. Comes from a smoke and pet free home. Listed elsewhere. Price is firm.