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Version 2.0 (July 1, 2015)
This Customer Agreement (this "Agreement") contains the terms and conditions that govern your access to and use of the Service Offerings (as defined below) and is an agreement between Sencha Inc. ("Sencha," "we," "us," or "our") and you or the entity you represent ("you"). This Agreement takes effect when you click an "I Accept" button or check box presented with these terms or when you use any of the Service Offerings (the "Effective Date"). You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity. Please see Section 14 for definitions of certain capitalized terms used in this Agreement.
1. Use of the Service Offerings
1.1 Generally. You may access and use the Service Offerings in accordance with this Agreement. Service Level Agreements may apply to certain Service Offerings. You will adhere to all laws, rules, and regulations applicable to your use of the Service Offerings, including the Service Terms, the Acceptable Use Policy and the other Policies as defined in Section 14.
1.2 Availability of the Service Offerings. While Sencha will operate the Services consistent with industry standards, Sencha does not guarantee, represent or warrant that your access to any of the Service Offerings will be uninterrupted or error-free. In addition, while Sencha makes reasonable efforts to ensure that all Content and/or information submitted by you to Sencha will be secure, Sencha does not guarantee that the Services will be free from loss, corruption, attack, viruses, "worms", "trojan horses" or other harmful components, or from interference, hacking or other security intrusions. You should be sure to back up your own system periodically to ensure that all Content is available to you in the event of any loss or damage. Sencha may change, suspend or discontinue any of the Service Offerings at any time. Sencha may also impose limits on the use of or access to certain features or portions of the Service Offerings, in any case without notice or liability.
1.3 Your Account. To access the Services, you must create a Sencha Web Application Manager domain associated with a valid e-mail address. Unless explicitly permitted by the Service Terms, you may only create one account per email address. You are responsible for all activities that occur under your account, regardless of whether the activities are undertaken by you, your employees, your domain users, or a third party (including your contractors or agents) and, except to the extent caused by our breach of this Agreement, we and our affiliates are not responsible for unauthorized access to your account. You will contact us immediately if you believe an unauthorized third party may have accessed your account or if any account information is lost or stolen.
1.4 Support to You. For Sencha Web Application Manager support subscribed customers, we will use commercially reasonable efforts to assist you to resolve problems in your use of the Services. Support for Sencha Web Application Manager does not include support for software other than software offered by us as a part of the Services, and does not include sample or beta applications.
1.5 Third Party Content. Third Party Content, such as software applications, data, or API's provided by third parties, may be made available directly to you by other companies or individuals under separate terms and conditions, including separate fees and charges. Because we may not have tested or screened the Third Party Content, your use of any Third Party Content is at your sole risk.
2. Changes
2.1 To the Service Offerings. Subject to any Service Level Agreement to which We have expressly agreed with You, We may change, discontinue, or deprecate any of the Service Offerings (including the Service Offerings as a whole) or change or remove features or functionality of the Service Offerings, including APIs, from time to time. We will notify you of any material change to or discontinuation of the Service Offerings.
2.2 To the Service Level Agreements. We may change, discontinue or add Service Level Agreements from time to time.
3. Data Privacy
You consent to our processing, use, and disclosure of Content in accordance with our Privacy Policy.
4. Your Responsibilities
4.1 Your Content. You are solely responsible for the development, content, operation, maintenance, and use of Your Content. For example, you are solely responsible for:
(a) the technical operation of Your Content, including ensuring that calls you make to any Service are compatible with then-current APIs for that Service;
(b) compliance of Your Content with the Acceptable Use Policy, the other Policies, and the law;
(c) any claims relating to Your Content; and
(d) properly handling and processing notices sent to you (or any of your affiliates) by any person claiming that Your Content violate such person's rights, including notices pursuant to the Digital Millennium Copyright Act.
4.2 Other Security and Backup. You are responsible for properly configuring and using the Service Offerings and taking your own steps to maintain appropriate security, protection and backup of Your Content. Log-in credentials and private keys generated by the Services are for your internal use only and you may not sell, transfer or sublicense them to any other entity or person, except that you may disclose your private key to your agents and subcontractors performing work on your behalf.
4.3 End User Violations. You will be deemed to have taken any action that you permit, assist or facilitate any person or entity to take related to this Agreement, Your Content or use of the Service Offerings. You are responsible for End Users' use of Your Content and the Service Offerings and the use of the Service Offering by End Users on your domain. You will ensure that all End Users comply with your obligations under this Agreement and that the terms of your agreement with each End User are consistent with this Agreement. If you become aware of any violation of your obligations under this Agreement by an End User, you will immediately terminate such End User's access to Your Content and the Service Offerings.
4.4 End User Support. You are responsible for providing customer service (if any) to End Users. We do not provide any support or services to End Users unless we have a separate agreement with you or an End User obligating us to provide support or services.
5. Fees and Payment
5.1. Service Fees. We calculate and bill fees and charges monthly. We may bill you more frequently for fees accrued if we suspect that your account is fraudulent or at risk of non-payment. You will pay us the applicable fees and charges for use of the Service Offerings as described on the Sencha Site using one of the payment methods we support. All amounts payable under this Agreement will be made without setoff or counterclaim, and without any deduction or withholding. Fees and charges for any new Service or new feature of a Service will be effective when we post updated fees and charges on the Sencha Site unless we expressly state otherwise in a notice. We may increase or add new fees and charges for any existing Services by giving you at least 30 days' advance notice. We may charge you interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) on all late payments.
5.2 Taxes. All fees and charges payable by you are exclusive of applicable taxes and duties, including VAT and applicable sales tax. You will provide us any information we reasonably request to determine whether we are obligated to collect VAT from you, including your VAT identification number. If you are legally entitled to an exemption from any sales, use, or similar transaction tax, you are responsible for providing us with legally-sufficient tax exemption certificates for each taxing jurisdiction. We will apply the tax exemption certificates to charges under your account occurring after the date we receive the tax exemption certificates. If any deduction or withholding is required by law, you will notify us and will pay us any additional amounts necessary to ensure that the net amount that we receive, after any deduction and withholding, equals the amount we would have received if no deduction or withholding had been required. Additionally, you will provide us with documentation showing that the withheld and deducted amounts have been paid to the relevant taxing authority.
6. Temporary Suspension
6.1 Generally. We may suspend your or any End User's right to access or use any portion or all of the Service Offerings immediately upon notice to you if we determine:
(a) your or an End User's use of or registration for the Service Offerings (i) poses a security risk to the Service Offerings or any third party, (ii) may adversely impact the Service Offerings or the systems or Content of any other Sencha customer, (iii) may jeopardize our relationship with any third party providers, such a distribution on an app store, (iv) may subject us, our affiliates, or any third party to liability, or (v) may be fraudulent;
(b) you are, or any End User is, in breach of this Agreement, including if you are delinquent on your payment obligations for more than 15 days; or
(c) you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.
6.2 Effect of Suspension. If we suspend your right to access or use any portion or all of the Service Offerings:
(a) you remain responsible for all fees and charges you have incurred through the date of suspension; and
(b) you remain responsible for any applicable fees and charges for any Service Offerings to which you continue to have access, as well as applicable data storage fees and charges, and fees and charges for in-process tasks completed after the date of suspension.
Our right to suspend your or any End User's right to access or use the Service Offerings is in addition to our right to terminate this Agreement pursuant to Section 7.2.
7. Term; Termination
7.1. Term. The term of this Agreement will commence on the Effective Date and will remain in effect until terminated by you or us in accordance with Section 7.2.
7.2 Termination.
(a) Termination for Convenience. Subject to the payment for any term commitment in a Service Level Agreement, You may terminate this Agreement for any reason by (i) providing us notice and (ii) closing your account for all Services for which we provide an account closing mechanism. We may terminate this Agreement for any reason by providing you 30 days advance notice.
(b) Termination for Cause.
(i) By Either Party. Either party may terminate this Agreement for cause upon 30 days advance notice to the other party if there is any material default or breach of this Agreement by the other party, unless the defaulting party has cured the material default or breach within the 30 day notice period.
(ii) By Us. We may also terminate this Agreement immediately upon notice to you (A) for cause, if any act or omission by you or any End User results in a suspension described in Section 6.1, (B) if our relationship with a third party partner who provides software or other technology we use to provide the Service Offerings expires, terminates or requires us to change the way we provide the software or other technology as part of the Services or otherwise objects to the use of the Service Offerings by you or any of your End Users, (c) if we believe providing the Services could create a substantial economic or technical burden or material security risk for us, (D) in order to comply with the law or requests of governmental entities, or (E) if we determine use of the Service Offerings by you or any of your End Users or our provision of any of the Services to you or any End Users has become impractical or unfeasible for any legal or regulatory reason.
7.3. Effect of Termination. Generally. Upon any termination of this Agreement:
(a) all your rights under this Agreement immediately terminate;
(b) you remain responsible for all fees and charges you have incurred through the date of termination, including fees and charges for in-process tasks completed after the date of termination;
(c) you will immediately return or, if instructed by us, destroy all Sencha Content in your possession; and
(d) Sections 4.1, 5, 7.3, 8 (except 8.4), 9, 10, 11, 12, 13 and 14 will continue to apply in accordance with their terms.
8. Proprietary Rights
8.1 Your Content. As between you and us, you or your licensors own all right, title, and interest in and to Your Content. Except as provided in this Section 8, we obtain no rights under this Agreement from you or your licensors to Your Content, including any related intellectual property rights. You consent to our use of Your Content to provide the Service Offerings to you and any End Users. We may disclose Your Content to provide the Service Offerings to you or any End Users you have designated to receive Your Content or to comply with any request of a governmental or regulatory body (including subpoenas or court orders).
8.2 Your Submissions. Your Submissions will be governed by the terms of the Apache Software License, unless you specify one of our other supported licenses at the time you submit Your Submission. For clarity, this license applies to Your Submissions and not to Your Content (see Definitions below).
8.3 Adequate Rights. You represent and warrant to us that: (a) you or your licensors own all right, title, and interest in and to Your Content and Your Submissions; (b) you have all rights in Your Content and Your Submissions necessary to grant the rights contemplated by this Agreement; and (c) none of Your Content, Your Submissions or End Users' use of Your Content, Your Submissions or the Services Offerings will violate the Acceptable Use Policy.
8.4 Service Offerings License. As between you and us, we or our affiliates or licensors own and reserve all right, title, and interest in and to the Service Offerings. We grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to do the following during the Term: (i) access and use the Services solely in accordance with this Agreement; and (ii) copy and use the Sencha Content solely in connection with your permitted use of the Services. Except as provided in this Section 8.4, you obtain no rights under this Agreement from us or our licensors to the Service Offerings, including any related intellectual property rights. Some Sencha Content, including Sencha software products, may be provided to you under a separate license. In the event of a conflict between this Agreement and any separate license, the separate license will prevail with respect to that Sencha Content.
8.5 License Restrictions. Neither you nor any End User may use the Service Offerings in any manner or for any purpose other than as expressly permitted by this Agreement. Neither you nor any End User may, or may attempt to, (a) modify, alter, tamper with, repair, or otherwise create derivative works of any software included in the Service Offerings (except to the extent software included in the Service Offerings are provided to you under a separate license that expressly permits the creation of derivative works), (b) reverse engineer, disassemble, or decompile the Service Offerings or apply any other process or procedure to derive the source code of any software included in the Service Offerings, (c) access or use the Service Offerings in a way intended to avoid incurring fees or exceeding usage limits or quotas, or (d) resell or sublicense the Service Offerings. All licenses granted to you in this Agreement are conditional on your continued compliance this Agreement, and will immediately and automatically terminate if you do not comply with any term or condition of this Agreement. During and after the Term, you will not assert, nor will you authorize, assist, or encourage any third party to assert, against us or any of our affiliates, customers, vendors, business partners, or licensors, any patent infringement or other intellectual property infringement claim regarding any Service Offerings you have used. You may only use the Sencha Marks in accordance with the Trademark Use Guidelines.
8.6 Suggestions. If you provide any Suggestions to us or our affiliates, we will own all right, title, and interest in and to the Suggestions, even if you have designated the Suggestions as confidential. We and our affiliates will be entitled to use the Suggestions without restriction.
9. Indemnification
9.1. General. You will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to any third party claim concerning: (a) your or any End Users' use of the Service Offerings (including any activities under your Sencha account and use by your employees and personnel); (b) breach of this Agreement or violation of applicable law by you or any End User; (c) Your Content or the combination of Your Content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third-party rights by Your Content or by the use, development, design, production, advertising or marketing of Your Content; or (d) a dispute between you and any End User. If we or our affiliates are obligated to respond to a third party subpoena or other compulsory legal order or process described above, you will also reimburse us for reasonable attorneys' fees, as well as our employees' and contractors' time and materials spent responding to the third party subpoena or other compulsory legal order or process at our then-current hourly rates.
9.2. Process. We will promptly notify you of any claim subject to Section 9.1, but our failure to promptly notify you will only affect your obligations under Section 9.1 to the extent that our failure prejudices your ability to defend the claim. You may: (a) use counsel of your own choosing (subject to our written consent) to defend against any claim; and (b) settle the claim as you deem appropriate, provided that you obtain our prior written consent before entering into any settlement. We may also assume control of the defense and settlement of the claim at any time.
10. Disclaimers
11. Limitations of Liability
WE AND OUR AFFILIATES OR LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICE OFFERINGS, OR, (III) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SLAS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (c) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, OUR AND OUR AFFILIATES' AND LICENSORS' AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.
12. Modifications to the Agreement
We may modify this Agreement (including any Policies) at any time by posting a revised version on the Sencha Site or by otherwise notifying you in accordance with Section 13.7. The modified terms will become effective upon posting or, if we notify you by email, as stated in the email message. By continuing to use the Service Offerings after the effective date of any modifications to this Agreement, you agree to be bound by the modified terms. It is your responsibility to check the Sencha Site regularly for modifications to this Agreement. We last modified this Agreement on the date listed at the beginning of this Agreement. We may assign this Agreement in whole or part, which assignment will inure to the benefit of Our successors and assigns.
13. Miscellaneous
13.1 Confidentiality and Publicity. You may use Sencha Confidential information only in connection with your use of the Service Offerings as permitted under this Agreement. You will not disclose Sencha Confidential Information during the Term or at any time during the 5 year period following the end of the Term. You will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of Sencha Confidential Information, including, at a minimum, those measures you take to protect your own confidential information of a similar nature. You will not issue any press release or make any other public communication with respect to this Agreement or your use of the Service Offerings. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your business endeavors), or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement.
13.2 Force Majeure. We and our affiliates will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
13.3 Independent Contractors; Non-Exclusive Rights. We and you are independent contractors, and neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other. Both parties reserve the right (a) to develop or have developed for it products, services, concepts, systems, or techniques that are similar to or compete with the products, services, concepts, systems, or techniques developed or contemplated by the other party and (b) to assist third party developers or systems integrators who may offer products or services which compete with the other party's products or services.
13.4 No Third Party Beneficiaries. This Agreement does not create any third party beneficiary rights in any individual or entity that is not a party to this Agreement.
13.5 U.S. Government Rights. The Service Offerings are provided to the U.S. Government as "commercial items," "commercial computer software," "commercial computer software documentation," and "technical data" with the same rights and restrictions generally applicable to the Service Offerings. If you are using the Service Offerings on behalf of the U.S. Government and these terms fail to meet the U.S. Government's needs or are inconsistent in any respect with federal law, you will immediately discontinue your use of the Service Offerings. The terms "commercial item" "commercial computer software," "commercial computer software documentation," and "technical data" are defined in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement.
13.6 Import and Export Compliance. In connection with this Agreement, each party will comply with all applicable import, re-import, export, and re-export control laws and regulations, including the Export Administration Regulations, the International Traffic in Arms Regulations, and country-specific economic sanctions programs implemented by the Office of Foreign Assets Control. For clarity, you are solely responsible for compliance related to the manner in which you choose to use the Service Offerings, including your transfer and processing of Your Content, the provision of Your Content to End Users, and the Sencha region in which any of the foregoing occur.
13.7 Notice.
(a) To You. We may provide any notice to you under this Agreement by: (i) posting a notice on the Sencha Site; or (ii) sending a message to the email address then associated with your account. Notices we provide by posting on the Sencha Site will be effective upon posting and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email.
(b) To Us. To give us notice under this Agreement, you must contact Sencha as follows: by personal delivery, overnight courier or registered or certified mail to Sencha Inc., 1700 Seaport Blvd., Suite 400, Redwood City, CA 94063. We may update the address for notices to us by posting a notice on the Sencha Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided registered or certified mail will be effective three business days after they are sent provided evidence of receipt is complete.
(c) Language. All communications and notices to be made or given pursuant to this Agreement must be in the English language.
13.8 Assignment. You will not assign this Agreement, or delegate or sublicense any of your rights under this Agreement, without our prior written consent. Any assignment or transfer in violation of this Section 13.8 will be void. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.
13.9 No Waivers. The failure by us to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.
13.10 Severability. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the rest of the Agreement will remain in full force and effect.
13.11 Governing Law; Venue. The laws of the State of California, without reference to conflict of law rules, govern this Agreement and any dispute of any sort that might arise between you and us. Any dispute relating in any way to the Service Offerings or this Agreement may be adjudicated exclusively in any state or federal court in San Mateo County, California. You consent to exclusive jurisdiction and venue in those courts. We may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our, our affiliates, or any third party's intellectual property or other proprietary rights. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.
13.12 For Non-U.S. Users of the Services. Orders for Services may be accepted and/or processed by Sencha Inc., a Delaware corporation, or any of its subsidiaries or affiliates. The Services are provided by Sencha Inc., a California corporation, and not by any of its subsidiaries or affiliates, and are based in the United States. The personal information which you give to Sencha when registering for the services or placing any order for products will be used in connection with your use of the Services or fulfilling your order, and will be transferred to and maintained in Sencha's records in the United States. If you do not consent to this transfer, do not accept these terms or use the Services.
13.13 Entire Agreement; English Language. This Agreement includes the Policies and is the entire agreement between you and us regarding the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of this Agreement. Notwithstanding any other agreement between you and us, the security and data privacy provisions in Section 3 of this Agreement contain our and our affiliates' entire obligation regarding the security, privacy and confidentiality of Your Content. We will not be bound by, and specifically object to, any term, condition or other provision which is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement) and which is submitted by you in any order, receipt, acceptance, confirmation, correspondence or other document. If the terms of this document are inconsistent with the terms contained in any Policy, the terms contained in this document will control, except that the Service Terms will control over this document. If we provide a translation of the English language version of this Agreement, the English language version of the Agreement will control if there is any conflict.
14. Definitions
"Acceptable Use Policy" means the policy currently available here as it may be updated by us from time to time.
"API" means an application program interface.
"Content" means data, text, audio, video, images, code, software or other content.
"Documentation" means the developer guides, getting started guides, user guides, quick reference guides, and other technical and operations manuals and specifications for the Services, as such documentation may be updated by us from time to time.
"End User" means any individual or entity that directly or indirectly through another user: (a) accesses or uses Your Content; or (b) otherwise accesses or uses the Service Offerings under your account. The term "End User" does not include individuals or entities when they are accessing or using the Services or any Content under their own Sencha account, rather than your account.
"Policies" means the Acceptable Use Policy, the Site Terms, the Service Terms, the Trademark Use Guidelines, any restrictions described in Sencha Content or on the Sencha Site, and any other policy or terms referenced in or incorporated into this Agreement. Policies do not include whitepapers or other marketing materials referenced on the Sencha Site.
"Privacy Policy" means the privacy policy currently referenced at https://www.sencha.com/legal/privacy, as may be updated from time to time.
"Sencha Confidential Information" means all nonpublic information disclosed by us, our affiliates, business partners or our or their respective employees, contractors or agents that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential. Sencha Confidential Information includes: (a) nonpublic information relating to our or our affiliates or business partners' technology, customers, business plans, promotional and marketing activities, finances and other business affairs; (b) third-party information that we are obligated to keep confidential; and (c) the nature, content and existence of any discussions or negotiations between you and us or our affiliates. Sencha Confidential Information does not include any information that: (i) is or becomes publicly available without breach of this Agreement; (ii) can be shown by documentation to have been known to you at the time of your receipt from us; (iii) is received from a third party who did not acquire or disclose the same by a wrongful or tortious act; or (iv) can be shown by documentation to have been independently developed by you without reference to the Sencha Confidential Information.
"Sencha Content" means Content we or any of our affiliates make available in connection with the Services or on the Sencha Site to allow access to and use of the Services, including Documentation; sample code; software libraries; APIs; command line tools; and other related technology. Sencha Content does not include the Services.
"Sencha Marks" means any trademarks, service marks, service or trade names, logos, and other designations of Sencha and its affiliates that we may make available to you in connection with this Agreement.
"Sencha Site" means https://www.sencha.com and any successor or related site designated by us.
"Service" means each of the services made available by us or our affiliates, including those services described in the Service Terms.
"Service Level Agreement" means all service level agreements that we offer with respect to the Services and post on the Sencha Site, as accepted and paid for by you, as they may be updated by us from time to time, or as may be otherwise agreed between you and us in a signed document.
"Service Offerings" means the Services (including associated APIs), together with the Sencha Content, and any other product or service provided by us under this Agreement. Service Offerings do not include Third Party Content.
"Service Terms" means the rights and restrictions for particular Services attached hereto as Appendix A and made a part hereof.
"Site Terms" means the terms of use located at https://www.sencha.com/legal/terms-of-use, as they may be updated by us from time to time.
"Suggestions" means any and all suggested improvements to the Service Offerings that you provide to us.
"Term" means the term of this Agreement described in Section 7.1.
"Third Party Content" means Content made available to you by any third party in conjunction with the Services.
"Trademark Use Guidelines" means the guidelines and license generally provided by Sencha, as they may be updated by us from time to time.
"Your Content" means Content you or any End User (a) run on the Services, (b) cause to interface with the Services, or (c) upload to the Services under your account or domain, or otherwise transfer, process, use or store in connection with your account.
"Your Submissions" means Content that you post or otherwise submit to developer forums, sample code repositories, public data repositories, or similar community-focused areas of the Sencha Site or the Services.
Appendix A
Sencha Web Application Manager Service Terms
1.1. You may only use the Services to store, retrieve, query, serve, and execute Content that is owned, licensed or lawfully obtained by you. As used in these Service Terms, "Your Content" includes any "Company Content". As part of the Services, you may be allowed to use certain software (including related documentation) provided by us or third party licensors. This software is neither sold nor distributed to you and you may use it solely as part of the Services. You may not transfer it outside the Services without specific authorization to do so.
1.2. You must comply with the current technical documentation applicable to the Services (including the applicable developer guides) as posted by us and updated by us from time to time on the Sencha Site. In addition, if you create technology that works with a Service, you must comply with the current technical documentation applicable to that Service (including the applicable developer guides) as posted by us and updated by us from time to time on the Sencha Site.
1.3. You will provide information or other materials related to Your Content (including copies of any client-side applications) as reasonably requested by us to verify your compliance with the Agreement. We may monitor the external interfaces (e.g., ports) of Your Content to verify your compliance with the Agreement. You will not block or interfere with our monitoring, but you may use encryption technology or firewalls to help keep Your Content confidential. You will reasonably cooperate with us to identify the source of any problem with the Services that we reasonably believe may be attributable to Your Content or any end user materials that you control.
1.4. If we reasonably believe any of Your Content violates the law, infringes or misappropriates the rights of any third party or otherwise violates a material term of the Agreement (including the Documentation, the Service Terms, or the Acceptable Use Policy) ("Prohibited Content"), we will notify you of the Prohibited Content and may request that such content be removed from the Services or access to it be disabled. If you do not remove or disable access to the Prohibited Content within 2 business days of our notice, we may remove or disable access to the Prohibited Content or suspend the Services to the extent we are not able to remove or disable access to the Prohibited Content. Notwithstanding the foregoing, we may remove or disable access to any Prohibited Content without prior notice in connection with illegal content, where the content may disrupt or threaten the Services, pursuant to the Digital Millennium Copyright Act or as required to comply with law or any judicial, regulatory or other governmental order or request. In the event that we remove content without prior notice, we will provide prompt notice to you unless prohibited by law.
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text:
BSG's Tricia Helfer and Jamie Bamber PETA Ads
Jamie Bamber and Tricia Helfer may be enemies on Battlestar Galactica, but they're buddies in real life because both are concerned about saving animals. For Jamie Bamber, it's saving the black bears of Canada from being hunted, killed and turned into furry hats, and Tricia Helfer wants to save cats. Because, er, apparently people are hunting, killing, and eating cats. I'm not sure about the last part, but I'm pretty sure about the first two. Probably.
Anyhoo, both actors recently did ads for PETA. Helfer's was last year, and for some reason the former model turned actress who usually shows up wearing as little clothes as possible in her photoshoots decided to keep all of her clothes on for her PETA ad. Bamber was less shy, and shed all (well, all that we could see anyway) for his campaign. Look, Tricia, if you're going to be stingy about the skin, I don't know if I want to save your cats. There, I said it.
By the by, Tricia Helfer's cat is named "Mister Nix". Coincidence? I think not! Call me, Tricia!
Via Multipleverses.

subset: commoncrawl


text:
Bad Mother (Ff, 1st-les, inc, mast, oral, fist, squirt)
(1/2) > >>
Gina Marie:
Bad Mother
By Lostzilla & Gia1978 © 2009
A lurid tale of a mother's moral sacrifices for her only daughter. (Ff, 1st-les, inc, mast, oral, fist, squirt)
This is a work of fiction. The author does not condone any sexual activity among persons under 18 in real life.
Based on the original story: "Insatiable" by Lostzilla.
I know after you read this, you will condemn me, but I swear to you I am not a bad mother. What you are about to read might lead you to think that I am, but what happened to me could very well have caused any woman, well… almost any woman, to make the very same choices.
The story I'm about to tell you concerns my daughter when she was fifteen. I was a thirty-five year old single mother by then, my husband having died four years prior from prostate cancer.
When she was still fourteen, My daughter Gia Marie started dating a boy named Kevin who lived just down the street from us. They weren't really dating, as I had thought that she was still too young, but in their minds, simply saying 'I'm your girlfriend' or 'I'm your boyfriend' was dating. 'Going together' is what they called it.
Anyway, after her birthday a few months later, Kevin broke up with her and she was very upset about it. I decided to have a talk with him, and he was very blunt in telling me why he had broken up with her. Kevin explained that he and Gia had been having sex, but she was insatiable, always begging him to perform even after she had ravaged him until he was completely spent.
I knew that feeling, believe me. My husband had been the same way. I wasn't angry with the boy, but I was shocked that Gia was sexually active at her age. I know now that I was being naive.
When I got home, I sat Gia down on the couch in the living room and had a very frank talk with her. To make a long story short, she said that she couldn't help herself. Whenever she or someone else would satisfy her sexual urges, they always would come back within a few hours and torment her until she could get satisfaction again. When I asked her how she dealt with it while she was in school, she told me that she would get a hall pass from her teacher and then go to the bathroom to masturbate.
What surprised me more than Gia's brutal honesty in talking to me about sex, was how comfortable I was with it. But it was more than that. She was in full bloom, and I couldn't keep my eyes from going repeatedly to her full breasts and tanned thighs. Her beautiful face, her long naturally blue-black hair and green eyes didn't help matters any. She had a strong resemblance to my husband and his Italian ancestry.
It was unfortunate, but my nipples were as hard as they could be.
And Gia had noticed it.
"Mommy…" she said looking at me somewhat nervously, "Are you aroused?"
I blushed furiously and said, "Look Gia, let's talk about this later." as I got up from the couch and walked back to my bedroom feeling as embarrassed as any woman could ever have felt.
I knew by the sound of the floorboards creaking behind me, that my daughter was following me. When I got to my room, I turned to her with a mind to say that women sometimes get aroused over just about anything, but that it didn't mean I was thinking lurid thoughts about her, even though I had been.
To my surprise, however, Gia had apparently removed her shirt and skirt while she was walking behind me; her body was, in a word, perfect. Her beautiful erect brown nipples caught my eyes and wouldn't let go.
"You do want me, don't you Mom?" she asked.
Well there was no denying that now, I was as wet as the Mississippi delta. I knew Gia could tell too.
"Touch me Mommy... pleasure my body."
I didn't want to. Like I said at the start, I'm not a bad mother. I had never thought about Gia in a sexual manner up until that day. However, after my husband died, I had always felt guilty just at the thought of finding someone to replace him, even if it was just for sex and would never have lead to the kind of love affair that he and I had had. So I had done without.
Well, I had masturbated, but that's not the same thing.
Well, I gave in to her advances. Daughter or not, her fifteen-year old body was ripe and practically crying out for a good licking. And a good licking was just what I wanted to give her.
I was like the child and Gia was the adult. As I licked her nipples, she played tenderly with my hair, relaxing me and also encouraging me to do other things… things I should not have done. I slipped my hand up between her supple thighs and rubbed her swollen pussy through her soft, cotton panties. I trembled at the size of her mons and the wetness of her panties' crotch. I had aroused her. My own daughter. I felt things for her I should never have felt and knew in my very core that I wasn't going to stop.
How was I ever going to live with myself after doing to her what I intended to do?
"Mommy," Gia said softly. "Make love to me. I'm aroused too. No one has to know."
She didn't need to ask me again. I sank down to my knees and gently lowered her panties down her legs. Then, I got my first good look at the soft, sparse straight black hair which surrounded her very puffy labia. I am pretty sure my mouth dropped open when I looked at the size of her clitoris. It was simply astounding. It was easily as big as my index fingertip. It was so hard it was a whitish pink, and stood out from her labial hood a good half-inch. And it was throbbing as well!
My own clit was larger than most women I had been with back before I married my husband, but at it's hardest, mine was only the size of a jellybean. But Gia… my God, what my daughter had between her lips looked more like a tiny penis than a clitoris.
I wanted to suck it.
One lick, one pass of my tongue over her huge clit, and she would be mine.
"Mother," she whispered. "Satisfy me."
I rose to my feet and took Gia's hand, and led her to the bed. My heart was pounding so hard that I found myself hoping I would live long enough to give Gia the kind of pleasure which no boy or girl her age would have been capable of doing.
Gia removed her panties and lay down on the bed with her beautiful, tanned legs spread. My pussy was already aching so bad, but seeing her pussy and those butt cheeks of hers bulging against the bed made my clit throb to the point of a spontaneous eruption.
"Do whatever you want, mommy…" Gia said, her tiny voice trembling. "I need it. I gotta have it. I gotta cum… right now."
I leaned in and… God help me… I ate her. I fingered her pussy, rubbing into her swollen G-spot while licking her spectacular clit at the same time. The taste of her juice was so wonderful and sweet, the sounds of her growing ecstasy even more so. I was going to make my own daughter cum. Our lives would never be the same. That much I knew. Just how much they would change was a question I had no answer for at that moment.
"Mommy, please, don't stop…" Gia groaned. "Oh God, that feels so good. Oh I love your tongue. Oooooh."
I needed to hurry up and finish this. Gia wasn't the only one who needed satisfaction. I was dying for want of it. If it was the last thing I did, I had to have her put her fingers in my pussy and fuck me until I came like I never had before.
The faster I rubbed and licked her, the louder Gia moaned until finally she was hollering, "MOMMY! MOMMY I'M CUMMING! OOOOOOOH! OOOOOOOH GOD!"
All of a sudden, I felt a stream of warm fluid squirt into my mouth. There was a lot of it, mixed with a urine taste at first, then less so by the third squirt. Gia cried out like she was in so much pain, but it was beautiful pain. A pain like Heaven's pain when the angels are experiencing some celestial agony.
I couldn't hold back anymore. Getting on the bed, I shoved four fingers into her drooling slit and let my lust assume full control over me. The bed squealed like some demon that had come to torture me, but Gia's groans were louder, hauntingly so. I had never felt so driven to fuck anyone as I felt with my own daughter, my palm slamming hard again and again into her groin, sending my fingers to her cervix like a battering ram. Not even two minutes after we had started, we peaked and I felt a greater satisfaction in stimulating her than any other woman or man, even my husband, had ever given to me.
"OOOOOOOOOOOOOOOH!" she cried out. "OOOOOH GOD! OOOOOOOOOH MOMMYYYYYYY!"
We came simultaneously, with Gia again squirting several huge streams of her juice all over me and the room. The force of her cum exiting her wide-open urethra was so powerful, it hissed as it jetted outward. I swallowed at least two mouthfuls, but choked and had to pull my face away, letting the next couple of streams hit the ceiling. She finally wound down to just a dribble, soaking my mattress down to the box spring beneath it with her copious ejaculation.
After it was over, I collapsed on top of Gia panting and moaning, and feeling completely spent. I remembered what young Kevin had told me about my daughter being insatiable, but unlike him, I had learned to suck my oversexed husband's cock for hours. It occurred to me that eating pussy was pretty much using the same muscles in my mouth and I could please my Gia in that same way, if she needed me to.
"Oh Mommy," Gia said sighing, "Oh my God. That was fantastic. I love how you were fingering my pussy… Oh my God that felt so good."
"I'm glad you liked it baby. I enjoyed doing it."
Gia was trembling. It made her look so sexy. I couldn't help kissing her, her big swollen lips. Right away she slipped her tongue in my mouth. We kissed until she did ask me to go back down on her. I ate her pussy for almost two hours, and she writhed and groaned in near-continuous ecstasy the whole time. Kevin had never done anything like that to her, I was sure. And just as sure was I that from then on my daughter was going to want me to continually please her because she would know that I could.
Even more, she would know that I wanted to.
The next day was for me confirmation of my suspicion that Gia had set her mind on us being lovers. As soon as she came home from school, she flew straight into the kitchen and began taking off her clothes while we kissed. She was not timid about getting down to business with me; instead, she seemed so desperate that the dozens of orgasms I had given her the day before were worthless now. It was like we were starting all over.
I sat Gia on the kitchen table and had my desert before my dinner, feasting on her pussy and licking her juices from inside her opening until she looked raw. And she came… and came… and came… and came.
Each orgasm caused her to squirt in ungodly amounts. She had soaked my bed the previous day, and now she was soaking the floor beneath us. I don't know where she got this ability, I had never ejaculated in my life and had never heard about anyone doing that on my husband's side of the family (although that is not really information you share with family).
When it was my turn to cum, I took Gia to my bedroom, but we only started fucking there. She hammered my pussy on the bed, on the floor, on my dresser, and then back on the floor. By then I was lying on my belly and hollering like a mad woman while she was thrusting her entire fist into me rather brutally as I recall. My body was pinned. I pounded my hands into the carpet while she pounded her balled up fist into my sopping pussy with her long hair whipping my sweat-covered back.
Finally she let me flip over and she lay between my quivering thighs and she fucked and sucked me raw! My relief came, well… for now.
I cried out, "OOOOH! AHHHH! OH GIA BABY, MOMMY'S CUMMING FOR YOU!"
She removed her fist from my wide open pussy and yelled, "GIVE IT TO ME! CUM IN MY MOUTH MOMMA!"
I grabbed my daughter's long hair and pulled her head into my crotch as my pussy drooled my cream in her mouth, her fingers milking my throbbing birth canal of every last drop of cum I think I had in me.
Oh my God did that feel so good. A mother could absolutely get used to sex like that. We were two sweating, exhausted pigs when we were done. Trust me on this: Gia was every bit the lust machine that her father was.
Over the following weeks, Gia grew more and more distant from her friends until she no longer had anything to do with them. She lived and breathed one thing, sexual pleasure. Once I had shown her what her amazing body was capable of, she lost interest in everything else. Every day after school it was always the same thing; my daughter came home and I made her scream as I sucked her squirting pussy until my jaw was sore. And then she would fist me and make me scream, literally, damn close to a death scream on a few occasions.
On the weekends Gia and I spent even more time pleasing each other's genitals, (usually me pleasing hers) than we did anything else. Her ex-boyfriend had been right; she could never get enough. Maybe it is a disorder, maybe it is the size of her clit, but I envy her. If only I could cum as hard or as many times as she can. If it is a disorder, I wouldn't mind having it.
Our world is a fucked up place these days, and if someone can experience pleasure on a level my darling Gia can, as often as she can, why deny her that pleasure?
And that's how it started. It's been that way ever since. Just me and my darling, sex-starved daughter.
I remember one weekend, when she was seventeen. I woke up in the morning to find Gia sitting up, asleep in front of the computer, naked as usual. As I walked into the living room, I stepped into a cold puddle of her cum. I was a good twelve feet from the computer and her. I assumed she had been up all night masturbating, because the vibrator she had in her swollen pussy was still on. I moved quietly to stand next to her with my mouth open in disbelief. Her body would twitch every few moments in a reflex jerk and her urethra had now emerged and dilated to the point that it was always open almost a full centimeter! Amazingly, it would periodically sputter out a mist of her juice as she hit another unconscious orgasm.
I glanced down at the screen, to see what Gia had been watching. It was an all-girl orgy porn movie, where several women who all ejaculated, would masturbate and squirt on one girl. I reached over and clicked off the mpeg, and Gia moved slightly, moaning but not waking, as she feebly squirted again. I looked down at the floor, and was shocked to see how big this puddle really was.
I woke her up, removed the dying vibrator from her and carried her limp body to the plastic covered couch (All our furniture in the house was now covered in plastic, as well as tile or hardwood floors replacing the carpet). I checked her pulse and then got her a liter bottle of water to hydrate my poor exhausted daughter. As she lay on the couch drinking, I mopped up the huge spill she had ejaculated over the course of the night. I glanced around noting that she had not only sprayed the ceiling, she had also splattered her ejaculate all under the computer desk and across the room to almost reach the front door.
I was really worried now. I was unsure how healthy this chronic masturbation was. I feared taking her to a doctor, because they might discover our incestuous relationship. I tried to research her condition on the internet, but not much factual information is written about female ejaculation of her type. Sure, there are several erotic stories, but there is still a great deal of medical skepticism attached to the authenticity of female ejaculation.
In the end, I opted to be her guardian and her lover and watch over her as much as I could. I made sure she ate healthy and stayed in shape. She required a great deal of monitoring, and I rarely let her go out by herself. It seemed my course in life was fixed on this path for the remainder of our days.
Gia is twenty years old now and still lives at home with me. She could not attend high school or go to college, and I was forced to home school her. I have a very good job, which I do from home so I can keep an ever watchful eye on my "Special Needs" daughter and she can't even hold a part-time job. It seems the only thing she can focus on is sex. She has mentioned a desire to go into making porn on more than a few occasions, but I won't hear of it… not my little girl. Those bastards would use her and destroy her, and I could never allow anyone to capitalize on her unfortunate condition for their own profit.
The pleasure we give each other is more than probably most women ever experience, but unlike most women, my Gia is a totally insatiable orgasm addict. Thank goodness for the huge collection of vibrators I acquired over the years, because without them, my poor fingers and tongue would never be enough to satisfy my lusty daughter. However, most days, my tongue can keep up for what it's worth, and that's why I have committed myself to the fact that my daughter is going to be spending the rest of her life with me. And that's fine. No one could ever satisfy her like I do…
So now that you know the truth about us, what do you think?
Am I a bad mother?
The End
As always, I look forward to comments....
Kisses & Squirts
Beautiful story. I can just imagine you as the loving mother in a torrid 69er with your sweet daughter. Yum (sigh). Keep on loving her. Women munching on each others hairy cunts simultaneously with love & lust is an ultimate turn on & Mother/Daughter has to be the Supreme arousing turn on .. please drink your daughter's pussy juice with extra relish tonight knowing a fully supportive man is creaming at the thought of you two feasting on your sweet incestuous juices as your truly deeply make love to each other.
Gia & Lostzilla,
Very hot story. Lots of Gia earmarks in this one. Large clits and squirting. I love it. Keep up the great hot little stories.
Great story! Gia Marie is a very lucky girl to have a mom like hers to take care of her.
And not every mom is fortunate enough to have such a hot daughter to play with like that!
I thought the nymphomania & squirting was a bit over the top though, but that's my only
mild critique of the story. May I suggest a few more episodes featuring the girl's teen years,
perhaps with a girlfriend or two from school, or maybe with another horny mom & daughter?
Thanks for sharing! :-*
Oh Gia, I so congratulate you! A great story and I'm humbled by your abilities as a writer. Please give us more!
All my love
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Observer Staff Writer
Gary Hartsocks electric wheelchair is broken, but that is not keeping him on the sidelines in his fight against muscular dystrophy.
The La Grande resident is in the middle of his sixth annual fund drive for the Muscular Dystrophy Association.
Hartsock started his drive on July 1 with a goal of collecting $2,000. He has already raised $1,200. This brings his fund-raising total over the past six years to about $6,200.
Hartsock is out three or four days a week, braving the heat, collecting donations. He is hard to miss because of a large yellow sign he carries with him. The sign explains his
I want to help find a cure for everyone with muscular dystrophy, Hartsock said Thursday afternoon.
Hartsock suffers from a form of muscular dystrophy called Friedreichs Ataxia.
Hartsock is always accompanied by someone who assists him with his wheelchair. Even when his electric wheelchair is working, Hartsock needs someone to help him get in and out of businesses downtown.
It is hard for him to get in and out of buildings. There are a lot of obstacles, said Hartsocks mother, Janice Byers of Union.
Hartsock has been involved with the Muscular Dystrophy Association since 1988. The MDA is dedicated to the eradication of the muscular dystrophies Amyotrophic Lateral Sclerosis, also known as ALS or Lou Gehrigs disease; Myasthenia Gravis; the spinal muscular atrophies and several other neuromuscular
Funds raised by the MDA pay for such things as wheelchairs, leg braces, genetic testing, research, diagnosis and a summer camp for youngsters with neuromuscular disease.
Gary realizes that a cure probably will not be found for him, Byers said. He is hoping for a cure for others in the future.
Muscular dystrophy will be thrust into the national spotlight this weekend during Jerry Lewiss 36th annual national telethon for the MDA. The telethon runs from 6 p.m. Sunday to 5 p.m. Monday.
Hartsock appeared on the telethon several years ago at a television station in Kennewick, Wash.
People who would like to make donations to Hartsocks MDA fund- raising drive can call him at 962-7530 or Byers at 562-6126.
Donations can be mailed to Hartsock at 2005 Gekeler Lane
C-1, La Grande 97850. Checks should be made payable to the Muscular Dystrophy Association.


text:
Monday, August 29, 2011
CHILLICOTHE — One game in and 2004 Fulton High School graduate and current Hornets soccer coach Brad Oestreich has his first career victory.
Fulton erased a 1-0 halftime deficit with three second-half goals to beat Chillcothe 3-1 in the season opener on Saturday.
Chillicothe forward Steven Looper put a shot past Hornets senior goalkeeper Nick Heimericks 1 minute, 45 seconds into the game to put Chillicothe in front. Heimericks faced 11 shots on goal and settled down from that first tally to make seven saves.
"When we usually play Chillicothe they're not a strong team, but we came out after that first goal and got our composure," Oestreich said.
Sophomore Trevor Neal tied and then won the game for Fulton with two goals after intermission. Senior forward Morgan Milligan added the third score to finish off the Hornets' scoring. Fulton ended the game with 11 shots on goal.
"Trevor's a workhorse and gives it 150 percent all the time," Oestreich said. "He pushed through and worked his way in there."
The Hornets were shut out in the junior varsity game 2-0.
Fulton plays St. Charles at 6 p.m. Monday in the first round of the Fort Zumwalt North Tournament.
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The way you use colors and shades looks amazing, there's mostly green here but they are so varied so it doesn't feel that way His hair and clothes are really pretty too!
I love the colors. It is amazing. In favourites, immediately. I like this series! Keep go in!!!
Soo handsome. I wish he would lead me to safety if i was lost in a forrest
Woooow, he looks so stylish, really amazing expression and colouring
nice, nice! fairies are so fun to draw, aren't they?~
QwQ pritty!!!
love the colors and such, amazing!
I am continually astounded by the beauty of your work! The colouring is stunning, the lines flow so beautifully and the over all effect is just so pleasing to look at! Keep up the great work!
Wow... this is so gorgeous! And that border is really cool... do you draw that free hand?
thank you ;w; and no it's a frame I downloaded here on DA
His hair is like water O.O It even shines through at the ear! Really, really like the coloring!! >///<
Love the coloring and the textures ^^
This is amazing! Love your coloring style! He's so cute! And the colors are just....!!! ASDFGHJKL! I can't wait for more to come!
omg he's looks amazing!! i love *q*
and omg how u shade like that?! ;u; and i always wanted to make a fairly OC XD
and omg how u shade like that?! ;u; and i always wanted to make a fairly OC XD
Wow. This is AWESOME!!!
This is going to my favorites!
This is going to my favorites!


text:
May 6, 2016
Vaccinating young children with the pneumococcal vaccine is paying off. Researchers are reporting fewer pneumonia-related hospitalizations and reduced health care expenses.
Two million children around the world die from pneumonia each year, mainly in developing countries.
Since the vaccine's introduction to American children in the year 2000, researchers say the rates of pneumonia-related hospitalizations and doctor visits have declined by about half.
The pneumococcal vaccine is recommended for all children between the ages of 2 months and 2 years. It is also recommended for those at high risk up to age 5.
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Yahoo has announced that the Yahoo! Publisher Network (YPN) will be closed down effective April 30, 2010. In a remarkable decision, Yahoo is suggesting that publishers move to Chitika, who have set up a customized process for YPN publishers. Yahoo says that all YPN publishers will be mailed final payments by May 31, 2010.
Archive | March, 2010
Yahoo Kills Yahoo! Publisher Network
March 31, 2010
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39 April Fool's Day Hoaxes By Google
March 31, 2010
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Last year Google ran no less than 17 different April Fool's Day hoaxes. I have always loved that a company that has so much on its plate takes the time to differentiate itself and build some positive brand equity by investing humor.
User Experience vs Monetization
March 21, 2010
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Here's the fundamental challenge for the performance marketing industry: how do we move from a short-term mindset that rewards us with a small reward today, to a long-term mindset that make us truly rich tomorrow?
Let's look at what's going on.
Performance Marketing Networks: Please Take Our 30 Second Survey
March 11, 2010
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- Which is the best performance marketing network?
- Who do you love?
- What makes them great?
Please take 30 seconds and help us rank the top 20 performance marketing networks. Be the first to receive survey results and a pdf version of the new Blue Book Guide To Ad Networks & Exchanges as soon as it's published. Click here to take survey
Hydra Dumps 15,000 Affiliates
March 10, 2010
Hydra Networks has announced that with immediate effect it has terminated the accounts of over 15,000 publishers. The news comes as part of a new push by Hydra to attract mainstream brand advertisers and set themselves apart from "ad networks peddling nutraceutical diet remedies, cash grant opportunities, tooth whiteners and other non-branded campaigns of low consumer value."
Performance Marketing: A Guide For CMOs
March 10, 2010
After a year in which the performance marketing industry had to deal with controversies ranging from Oprah to the FTC, many of the larger, smarter networks are trying to move to higher ground. They're seeking to attract more quality, brand advertisers, but that means selling performance marketing as a solution to Chief Marketing Officers who may have no experience of it.
Facebook's $350 million in Performance Advertising
March 3, 2010
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As Facebook pushes to Win The Internet, its dazzling growth in usage is still to be reflected in profits, or even revenues. Accurate estimates of exactly what Facebook is bringing in are hard to come by but the best yet now comes from the Inside Facebook blog.
Botnet of 13 Million Computers Smashed
March 3, 2010
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On Wednesday Spanish authorities announced the arrest of three alleged ringleaders behind the Mariposa botnet. Mariposa is possibly the largest botnet yet discovered and consisted of an estimated 12.7 million computers.


text:
Release Date: 2013 |
Album Rating: 5.0First review here, been lurking (and commenting here and there) for a decent while now. Loved this album on first listen-- my rating up there is what I feel the real average should be, my 5 here is my prog fanboy rating.
So yeah, let me know what to work on and improve. I definitely want to write more in the future.
Album Rating: 5.0 | Sound OffExcellent album, the best prog album in years
Album Rating: 4.5Nice first review man
Album Rating: 4.5Good review, pos'd. This album is good as well.
Digging: Disillusion - Back to Times of Splendor
Album Rating: 4.5Sounds really great. I'll have to check it out after I'm done hearing this Kayo Dot nonsense.
Digging: Sister Irene O'Connor - Fire of God's Love
Album Rating: 3.5Kayo Dot awesomeness*
Album Rating: 4.5post-awesomeness haha
Album Rating: 5.0Thanks guys. Yeah it's an awesome album, I listen to it twice every day haha.
Album Rating: 5.0Congrats on the feature, good work for a first review
Album Rating: 3.0This sounds bloody amazing
Digging: Three Trapped Tigers - Silent Earthling
gonna listen
nice first review
Fantastic review,way to go man. Pos'd.
Nice work, man. Especially for a first review. Keep up the good work.
I can leave a more detailed comment with constructive criticism later, if you'd like!
Hope this is good. Last one was meh
Digging: Drake - Views
Album Rating: 5.0 | Sound OffFinally on the frontpage
Also a neat review. I'd just like it if you had mentioned Pareidolia as a highlight, since it's really
a blast from start to finish
Album Rating: 3.01 listen and this could easily be 'the best prog album in years'. It is that good
Album Rating: 3.0This is sounding super sweet.
didn't really amaze me
it's cool though that tracks like pareidolia make use of instruments like bouzouki!
Album Rating: 5.0 | Sound OffI'd say you can only take all of it in and truly appreciate it after a lot of listens.
"1 listen and this could easily be 'the best prog album in years'. It is that good"
damn gotta check this
Bands: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z


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Cookie Magazine: Tori Spelling & FamilySassy Smith
Tori Spelling is one happenin' lady! She's acting, promoting her new book Mommywood, busy with her childrens' clothing line and add to that, being a wife, and mom of two, Liam, 2, and Stella, almost one. Tori talked family with Cookie Magazine and how she balances it all.
One more pic after the jump!
From Cookie Magazine:
Considering the Spelling family business, do you let your kids watch TV?
"Tv is basically my life, so to be the mom who says, 'My kids will never watch,' would be totally hypocritical. We try to strike a balance; it's a work in progress."
What's your favorite family ritual these days?
"Family dinner is huge on my list. I feel like it's good to start it now. When Liam and Stella are eating in their high chairs, Dean and I try to eat something, so we're all sitting down together. I see this continuing the rest of their lives. When they're all grown up and out of the house, maybe once a week they'll come home for family dinner."
In your book, you describe Liam as a daddy's boy. Is that still the case?
"Well, it turns out that Stella is a total mama's girl. My biggest fear in life was having a girl–how was I going to handle a girl [considering my relationship with my mother]? But for all my fears, without my even trying, Stella wants her mama. When she is in Dean's arms, she lunges for me the way Liam did for him."
"What's one of the weirder parts of being pregnant in Hollywood?
"During both pregnancies, people touched my belly a lot. I would never do that to a pregnant woman–it's a personal thing. And if I did, I'd say, 'Your belly is so cute, can I touch it?' But when fans did it, I couldn't say, 'Please don't touch,' because then it would be, 'What a bitch!' At a certain point, I just decided that [my second baby] Stella was getting a lot of love in there."
How muchh does it suck to have to lose baby weight in Hollywood?
"Well, after I'd given birth to Stella, some woman at the market grabbed my belly and asked when I was due. When she had the flab in her hand, she realized her mistake. And the first time I went out after I had Liam, the paparazzi were around and I remember trying to hold my stomach in even though my muscles were shot to hell, because it's not like they want the story, 'Look at the happy couple,, they just had a baby!' They want, 'Do you see her stomach? We thought she already had the baby.' But I always say the weeklies build you up to tear you down. It's a funny cycle. The week before they were asking, 'Is she too thin?' they showed a picture of me in a bikini on the beach and said I looked great."
Related Posts:
Tori Spelling's Weight Plummets!
Hey, Look… Tori Spelling In A Bikini!


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The National School Boards Association (NSBA) supports locally driven programs to provide healthy and nutritious foods in schools and programs to help students, parents, and communities understand the importance of nutrition. NSBA has long been concerned about the costs of new federal mandates created by the Child Nutrition Act reauthorization of 2010. As part of that new law, the U.S. Department of Agriculture will propose new standards for competitive foods, which include snacks and drinks sold in school vending machines, stores and à la carte lines.
Michael A. Resnick, NSBA's Associate Executive Director for Public Policy and Federal Advocacy, commented on the Health Impact Assessment on competitive food standards released on June 26 by the Pew Charitable Trusts and the Robert Wood Johnson Foundation:
"The press release and the report itself are misleading. Conclusions that mandatory national standards are affordable and could even generate revenue increases for 'schools and districts' pertain only to school food service departments, and the report minimizes or ignores the potential loss of revenue for other school district functions including instruction, or potential increases in costs to students and families.
"The report's narrow focus on school food service revenue overlooks the impact on revenue from competitive food sales on other school activities such as athletics and field trips. The assessment also ignores the cumulative impact of other provisions of the child nutrition reauthorization – such as paid meal pricing requirements and the under-funded cost of national standards for subsidized school meals – that could require schools and districts to increase the prices that students and families must pay for breakfast, lunch and snacks.
"The press release statement that mandatory national standards for all foods sold on the school campus throughout the school day 'is something that schools and districts can afford,' and that 'school budgets' will benefit, should be retracted, given the limited scope.
"As the USDA prepares regulations to implement the competitive food standards provision of PL 111-296, NSBA urges the Department to recognize the limitations of the Health Impact Assessment.
"It's important that our nation's public schools have the ability to provide a full range of academic programs in addition to healthy school meals to give each child a healthy and positive learning environment to achieve their full potential," Resnick concluded.


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text: Our Seaweed Speciman Wall Art has a scholarly, refined look. Pristine examples of beautifully and intricately illustrated sea life, accompanied by appropriate titles and descriptions in vintage type, are surrounded by a mat and then a rustic frame. Add this elegant botanical print to a cottage style home office to bring out its more studious side.


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Do You Have a Will?Jen at PIWTPITT
A headline just caught my eye. It said "Half of Americans With Kids Set to Die Without a Will." For a moment, I thought, How sad and irresponsible! Silly parents! And then I realized, Uhhh….hello, Jen. You and the Hubs don't have a will, you irresponsible idiot! Whoops.
That's right. We have a 5 and a 7 year old and we don't have a will. When I read the reasons most often cited for not having a will (procrastination, lack of funds and the belief you don't need one) I thought Yup, yup and yup.
The Hubs and I are both 40 now and while we're relatively healthy, there's always that chance we could get hit by a bus. We're pretty straight forward. Neither of us has been divorced or have other children from previous relationships we have to provide for. We don't have any pets to plan for. We only have one house and two cars and very little jewelry. Every year we talk about having a will drawn up and every year we say, "Eh, what's the point? It's not like we're multi-millionaires or something. We don't have huge assets that anyone's going to fight over and we've made it pretty clear to everyone who we would like to raise our children if something were to happen to us. Besides, we'd rather spend that money on something else for the family." And then we cross another year off our list of not having a will.
However, the writer brought up an excellent point about how a will can help your survivors navigate your "digital estate." Think about it. I don't know about you, but what little assets we have are all on the web. Our bank accounts, our investments, our revenue partners for my blog, even our photo albums and entertainment (how much do you have tied up in iTunes?). We are a very paper-less home and unless we tell someone how to log in and where to go, they won't even begin to know how to get our assets to our children. This is where a will is especially handy.
Now I'm convinced we need a will – and I'm going to get on that right away…I'm adding it to my high priority Tomorrow To-Do List. Someone please remind me in a week that I need to get this done.
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Photo: Grant Cochrane


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Diamond Trust Bank Tanzania (DTBT) has boosted its capital base by 12.4bn/- following the recently completed rights issue which the banks says it was fully subscribed.
A statement issued by the bank on Monday said Abdul Samji, DTB's Group Chairman, described the rights issue as a major success.
It added that according to him, the results of the rights issue are reflective of the strong support, loyalty and confidence DTB enjoys from its shareholders.
The bank had offered some 3.87 million rights to the shareholders at a discounted price of 3,200/- per new share, it said, adding that a number of its shareholders had not only taken up their rights issue, but the bank's core capital would increase to 48bn/-.
"With these new funds we will be able to continue with our plans for investment in branch expansion, technology and new products and explore additional opportunities to further strengthen our presence in Tanzania, a key market for the DTB Group," Samji said.
DTB Tanzania currently has 16 branches across the country, with plans to double the footprint over the medium term, the statement said.
The significant expansion drive is in the line with Diamond Trust Bank group's long-term strategy, dubbed as vision 2020, which is aimed at upscaling its operations throughout East Africa by continuing to rapidly expand its presence in major commercial sectors across the four markets of Tanzania, Kenya, Uganda and Burundi, it said.
DTB Tanzania is an affiliate of the Aga Khan Fund for Economic Development (AKFED), the economic development arm of the Aga Khan development Network.
The Bank's other key shareholder is Diamond Trust Bank Kenya limited, which is also an affiliate of AKFED, it said.


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Crash.Net FR3.5 News
More points for Moreau
1 January 1901
Guillaume Moreau kept his points tally ticking over with a solid seventh place finish in the third World Series by Renault round of the season at Monaco.
Having scored a podium last time out at Spa-Francorchamps, KTR driver Moreau was hoping his experience competing at Monaco last year, as well as in Formula 3, would aid his cause and help him move further up the point standings.
However, while he qualified an encouraging seventh, treacherous weather conditions around an already tricky circuit meant overtaking was at a premium for the 26-car field.
Unsurprisingly, Moreau settled for the four points that seventh place would bring, even if he was frustrated not to be able to progress up the order.
"It was a real procession. The guys in front of me made no mistakes and everyone played follow-my-leader! My result's bagged me a four more points and helps me to hold onto my sixth place in the championship."
Team-mate Danill Move, meanwhile, suffered from a crash during qualifying that left him at the back of the grid. With no chance to move further up the field, the Russian was unable to repeat his point scoring antics of the previous round.
"In free practice we had some problems with traffic, we changed the car a lot for the race and it was good enough to be fighting for P3. I made a mistake on the downshift into Tabac and locked the rear wheels.
"In the race I had big problems with the car. It was difficult to keep up with the tempo of the safety car. All I could do was finish and hope that other people would hit trouble in the bad conditions."


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USDA announces $308M for disaster-stricken states
Thursday, January 19, 2012
The nation's top agriculture official on Wednesday announced more than $300 million in emergency assistance to 33 states and Puerto Rico to help them recover from an unusually intense year for natural disasters across the U.S.
Utah and Missouri will receive the most disaster aid, together taking in $109 million, or more than one-third of the $308 million in aid from Department of Agriculture watershed and conservation emergency funds, USDA Secretary Tom Vilsack told the Associated Press ahead of Wednesday's formal announcement.
The emergency funds are part of USDA's annual budget and money allocated from them will be used to repair and stabilize agriculture and public safety infrastructure. The federal money covers 75 percent of the cost of such repairs, and is distributed based on local agencies' applications and ability to pay the balance, according to the USDA.
Vilsack spokesman Matt Herrick said states were largely approved for the amount of money requested. Applications are most often handled by local Natural Resource Conservation Service and Farm Service Agency offices.
"We rely on the county offices because they are right there," said Gerald Hrdina, head of the Farm Service Agency's conservation section in Missouri. "The requests are funneled through here, and we decide whether to forward them to the national office. We very seldom deny an application."
Flooding last spring inundated thousands of acres of farmland in Utah, costing farmers tens of millions of dollars lost to damaged and destroyed crops or delayed planting. Utah will receive $60 million in watershed money for repair work and preventative measures in 13 cities and counties hit by floods within the last 13 months, said Bronson Smart, state conservation engineer for the U.S. Natural Resources Conservation Service.
Missouri suffered months of flooding along the Missouri River after the U.S. Army Corps of Engineers authorized unprecedented releases from reservoirs in the northern river basin all summer to deal with unexpectedly heavy rain in May and above-average mountain snowpack. Farmers in the Missouri Bootheel, meanwhile, saw their crops swamped when the Army Corps of Engineers exploded a levee to relieve water pressure on an upriver town in Illinois. The intentional breach sent water cascading over thousands of acres of prime farmland.
Missouri will receive around $50 million, of which $35 million will come from the watershed program and the rest from the Farm Service Agency's Emergency Conservation Program.
Harold Decker, assistant state conservationist for water resources in Missouri, said most of the watershed money will go toward clearing and redeveloping drainage ditches filled with silt and debris by flooding on the Missouri and Mississippi rivers.
"Without that work, those systems aren't going to function," Decker said. "If ditches aren't draining properly, it retards plant growth and the drainage of the plants and lowers production."
Vilsack noted that natural disasters wreaked widespread, but varying, havoc in 2011.
"There have been years that have had more intensive damage in a particular geographic area, but what's unique about last year is that virtually every part of the country was affected," Vilsack told the AP. "It was different in every part of the country. We've not seen tornadoes as devastating as last spring. Flooding on the Missouri River, because of the longstanding nature of the flooding — not a two- or three-week situation — was unique. Fires in the southwest part of the country were historic in magnitude. It's been a tough year."
Slightly more than $215 million of the aid comes from the Emergency Watershed Program, about $80 million will come from the Emergency Conservation Program and nearly $12 million is from the FSA's Emergency Forest Restoration Program. Texas, for instance, will receive nearly $6 million after wildfires charred the southern part of the state.
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A Bellevue, Nebraska eating establishment has won the Nebraska Beef Council's Best Burger Award. Council's Marketing Director Adam Wegner says Stella's Bar and Grill was chosen from five finalists out of over 200 entries.
Wegner says from that, five finalists were named from which a panel of judges tasted samples from each. The Judge's scores along with on line votes determined the winner which was Stella's Cheeseburger.
Runner up honors went to the Union Bar in Gering ,The Peppermill restaurant in Valentine and Cellar Bar and Grill in Kearney tied for third with Sin City in Grand Island coming in fifth. Stella's will receive the first place plaque and be featured by the Nebraska Beef Council in May as part of Nebraska Beef month.
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2-month old had a red mark on leg, now its a blister.
My 2.5-month old son has had a red dot on his lower leg since he was born. At his 2-month appointment, our pediatrician thought it was Papular urticaria and said it would go. Today when I was changing his diaper, I noticed that it had turned into a crusty, reddish-brown blister. Any ideas on what this could be and if I need to take him in to have it checked?
Posted: 12/09/2011 by HeatherRose26
Mom Answers
Sort by: best answers | most recent answers
1 - 1 of 1 answers
If the doctor is right it is basically a reaction to a bud bite. google it and see. If the doctor thinks it is fine i would go with his expertise. i do not know much about you but if you research it then you will understand how to approach it.posted 12/09/2011 by tendertushies
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May 3, 2016
PARIS, TX-- A local business was honored Tuesday night at the Lamar County Chamber of Commerce banquet.
Huhtamaki, which used to be Paris Packaging, received the Industry of the Year award.
PEDC Executive Director, Steve Gilbert, says they were recognized for their contribution to the community for donating over 3,000 fold out boxes during Lamar County Days.
Huhtamaki not only gets the recognition, they also took home a crystal award.
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text: Home Culture Univision Beats Out the Top Four Major Networks in Ratings They won the coveted 18-to-49 demographic. There's a new player in town. By: Nsenga Burton Posted: Sept. 14 2010 4:13 PM 0 Univision, the nations largest Spanish-language network, beat out NBC, ABC, CBS and Fox in ratings the first week of September. Although the top four major networks were in re-runs, the Spanish-language network beat them in the most desirable demographic (18-49). Critics are not weighing this win heavily because the networks aren't at full speed, but the fact that this network beat out the others is major. The win suggests that advertisers and programmers may be undervaluing Latino audiences and not paying attention to the shift in demographics for the U.S., which informs audience tastes and viewing decisions. Univision's most popular shows include its telenovelas, Hasta Que el Dinero Nos Separe ("Until the Money Do Us Part") and Soy Tu Dueña ("I'm your owner"). The network also has Sabado Gigante ("Giant Saturday"), a three-hour Saturday-evening variety show that has aired on the network since 1986. Univision routinely beats out CW in ratings, so it is definitely one to watch, pun intended. Read more at Colorlines. Get what we're watching delivered to your inbox everyday! Sign up for our daily video newsletter below. Powered by Livefyre 0