Disclaimers and Limitations on Free Samples Policy at UpSky/UpSky2




Summarized:
(superseded revision, no longer in effect) (see #8, below.)


1. Free Samples are to aid customers in making a purchase decision. Response to Requests may be delayed or refused if judged to be otherwise.
2. Re 'Adult' materials: Sample(s) are not 'adult' in content, but are refused to minors (younger than 18) (-with one special exception, see below.)
3. 5 K or less of 'advertisement' - clarifying the nature & 'specs' of the Product - will be included with each Sample. Copyright law applies to all Samples.
4. Requests before November 1 1998 (or before the first 2 requests received thereafter) may be delayed in delivery up to 2 weeks;   except as in #1 above, responses are ordered the same as the order Requests come in.
5. If your computer has a problem [or any associated with Request(s) & Sample(s)], it's not my fault & I won't be blamed.
6. One sample per Product per Email address.
7. Policies may change without notice specifically to you.
8. If they are, a copy of the older revision(s) will be kept at 'UpSky'.
9. Samples aid customer rights. It's no gimmick, just fair to them.
10. Void where prohibited (-it's a big world.)

For the real details, the official version, see (each #) below:


1. 'Free Sample(s)' is(/are) offered for the purpose of aiding those who might be interested in purchasing a copy or copies; In consequence, I/'UpSky' reserve(s) the right to place at a lower priority (or even, in the event of a very high volume of requests for Sample(s), possibly - without notice or obligation of explanation - reject) any Requests that there is grounds for believing (as judged by myself/'UpSky' at discretion) are not made in good faith or are made frivolously or with damaging intent or malicious intent.
    (Policy of deferring or refusing dubious requests (-for example, whose given reply Email address 'bounces' Email sent to it on the first try-) is intended to protect the rights of genuine customers to prompt and good service, and also in the event of receiving a temporary or long-term high volume of Requests.)

2. (Neither Free Samples nor any product mentioned on "Ordering Info" HTML page [on the Web at http://members.tripod.com/~UpSky2/FreeFSF.html] is at all what is called 'adult' material. Nevertheless, since Science Fiction as a field can contain 'adult' elements or stories, which may chance to be mentioned in said Products/Free Samples:)
  Offer is void for any Request that specifies Sample(s) if the person who fills out the Request Form or submits a Request in any other fashion, is under 18 years of age at the time of submitting request. And if the 'Age Group' option on the form is left at default condition or does not indicate an age of 18 or more (or in other forms of Request, is left out or indicates age under 18), Request may be refused, with all liability void. And if the 'Age Group' option is wrongly selected or indicated for the owner of the Email address submitted, or for the person making the Request in whatever form, in that event all claims for liability against myself/'UpSky' for any damages whatsoever with regard to a person under 18 years old obtaining or reading a Sample or copy of one, are declared null and void.
       - Not that Sample(s) contain anything improper at all, but you never know what you need to be prepared for in the way of frivolous lawsuits by dodos whose children have a primary important moral problem (i.e. lying), and are probably worthless themselves.
       Also, all responsibility and liability is declared null and void, with regard to Sample(s), in the event of a minor obtaining one or a copy of one by hacking into an email account, or similar event describable by those words.
            [ . . . I may say I think this limitation is rather a shame, where any young person of reasonable maturity is concerned. So I leave the option of the Request being made or submitted by an adult, for delivery to his or her own Email address - or that of a minor who is currently in the legal custody of that adult. ]    My personal sentiments on this whole subject.

3. Each Sample will be accompanied by a small advertisement (less than 5 K, after Sample(s) ) clarifying the nature of the product; ordering information will also be sent with each Sample. Please note that although Free Samples are not complete works, nonetheless full copyright (C) applies to each Free Sample, which may not be reproduced, redistributed, or copied, without express & explicit permission of the holder of Copyright.

4. All this (Website pages & Sample distribution mechanism) being in construction, it must be warned that Sample distribution may not begin until the week of Sunday November 1 1998; Thereafter, until at least 2 (two) Requests have been received, a delay of as much as 14 (fourteen) calendar days in responding may or may not occur. Except as revised according to policy stated in paragraph (1) of this HTML document [on the World Wide Web at http://members.tripod.com/~UpSky2/Profession_Business/DisclSamples.html], all inquiries will be responded to according to the order they arrive in my Email Inbox.

5. All responsibility by me/'UpSky' is abjured for computer system or systems malfunction or error or transmission error that may impede delivery to me/'UpSky' of any Request, or impede complete transmission and reception of any reply or Sample sent by me in response.
       I must also warn that I/'UpSky' will not be responsible or liable for any injury or damage to a Request sender's or third person's computer and/or its contents, related to or resulting from this free Sample offer. (Not that harm of any kind is at all likely, in my estimation.)

6. Only one (1) Free Sample of any given product (regardless of the revision date of that product) will be delivered to any one particular Email address. (In other words: 'One Sample per Email address.')
    If a Free Sample of any particular product is not specified in a particular Request, it may be validly specified in a later Request, subject to durational limits and possible cessation of Free Samples offer; if so, Disclaimers and Guarantees will apply to it according to the rules in effect at that time, as published on this HTML page and associated pages here at the 'UpSky' sites. Otherwise, repeated requests for Samples may be rejected.

7. These policies and limitations on Free Samples from 'UpSky' may be changed and modified without notice, effective as of their publication on this HTML document [on the World Wide Web at http://members.tripod.com/~UpSky2/Profession_Business/DisclSamples.html]. (Requests made before any change will be met according to the rules stated on this HTML document at the time Request arrives in my Email Inbox, or is otherwise transmitted to myself/'UpSky'.)

8. If terms on this HTML page [on the World Wide Web at http://members.tripod.com/~UpSky2/Profession_Business/DisclSamples.html] are changed by the Webmaster of 'UpSky'/'UpSky2', a copy of the old version(s) of 'Disclaimers on Free Samples Policy' will be cited or linked to from this HTML page's new version.

9. Caveat Emptor is defined as: "...the rule that the purchaser of an article must examine, judge and test it for himself, being bound to discover any obvious defects or imperfections."
      -That's why I offer a sample of the articles I offer for purchase here at 'UpSky': it's the surest simple way I know to assure customer satisfaction.

10. This offer is, of course, void where prohibited. (...If so... the regulations of, for instance, Lesotho... or Myanmar, or Thailand... are things I'm not acquainted with intimately.)


R.H, Webmaster,
UpSky & UpSky2 sites.


You have seen the bad news . . . now for the good news:    read the Guarantee.



R. H., hess1@bigfoot.com. Version of November 3, 1998.