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1.1 You are reading a legal document which is the agreement between you, the Customer (whom we refer to as "you", "your" or the "Customer" in this document) and us. We are Holiday House Deals Pty Ltd (ACN 169 713 259) and we are the owner of this website. We are a company with our registered office in Milton, QLD 4064 (and we refer to ourselves as "Holiday House Deals", "we" or "us" or "our" in this document).
1.2 Please read this agreement carefully. By browsing, accessing or using this website or by using any facilities or services made available through it or by transacting through or on it, you are agreeing to the terms and conditions that appear below (all of which are called the "Agreement"). This Agreement is made between you and us.
1.3 We reserve the right to amend these terms and conditions at any time and it is your responsibility to review these terms and conditions on each occasion you purchase a Voucher. All amendments to these terms and conditions will be posted on-line and disclosed to you by email to the email address you Register with us. You may terminate this Agreement by written notice to us (either filling the form at contact.HolidayHouseDeals.com or by post or fax) if you do not wish to be bound by such new terms and conditions. However, continued use of the Service or the Website or a Voucher will be deemed to constitute acceptance of the new terms and conditions.
1.4 Your statutory rights: As a consumer, nothing in this Agreement affects your non-excludable statutory rights.
2.1 In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter. This is what they mean:
2.1.1 "Breach of Duty" is defined in clause 11.11.1.
2.1.2. "Liability" is defined in clause 11.11.2.
2.1.3 "Merchant" means a third party seller of goods and services for which a Voucher can be redeemed.
2.1.4 "Microsite" means an auxiliary website supplementary to our main website.
2.1.5 "Purchase" means the purchase of a Voucher.
2.1.6 "Register" means "create an account on the Website" (and "Registration" means the action of creating an account).
2.1.7 "Service" means all or any of the services provided by Holiday House Deals via the Website (or via other electronic or other communication from Holiday House Deals) including the information services, content and transaction capabilities on the Website (including the ability to make a Purchase).
2.1.8 "Voucher" means a voucher subject to these terms and conditions, which, if purchased by you, entitles you (but not anyone else) to redeem it at a particular Merchant in exchange for Voucher Products offered by that Merchant.
2.1.9 "Voucher Products" means goods and/or services offered by a particular Merchant which are described as part of a Voucher.
2.1.10 "Website" means the HolidayHouseDeals.com website and any Microsite.
3.1 Applicability of these terms and conditions: Use by you of the Service and the Website and any Purchase are each subject to the terms and conditions set out in this Agreement.
3.2 Age: To use the Service and make any Purchase of a Voucher, you must be 18 years of age or over.
3.4 Scope: The Website, Service and any Purchase are for your non-commercial, personal use only and must not be used for business purposes. For the avoidance of doubt, scraping of the Website (and hacking of the Website) is not allowed.
3.5 Prevention on use: We reserve the right to prevent you using the Website and the Service (or any part of them) and to prevent you from making any Purchase.
3.6 Equipment: The Service and use of the Website and the making of any Purchase does not include the provision of a computer or other necessary equipment to access the Website or the Service or to make any Purchase. To use the Website or Service or to make a Purchase, you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur.
4.1 Why to register: You do not need to Register to use much of the functionality of the Website or to access much of the Service. However, you must Register in order to make a Purchase from the Website. This is so that we can provide you with easy access to print your orders, view your past purchases and modify your preferences. We reserve the right to decline a new Registration or to cancel an existing Registration at any time.
4.2 How to register: To Register you need to supply us with your name, postcode, email address, payment details and possibly some other personal information. See our Privacy Policy for more details about this.
4.3 Passwords: Once you finish Registration, we will allocate a password to you and your account. You must keep the password confidential and immediately notify us if any authorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. You agree that any person to whom your user name or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) the Service and Website. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
4.4 Valid email addresses: All accounts must be registered with a valid personal email address that you access regularly, so that, among other things, moderation emails can be sent to you. Any accounts which have been registered with someone else's email address or with temporary email addresses may be closed without notice. We may require users to re-validate their accounts if we believe they have been using an invalid email address.
4.5 Closing accounts: We reserve the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts, or if an non-AU user pretends to be a user, or disrupts the Website or the Service in any way.
4.6 Multiple logons: If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts.
5.1 Need for Registration: Holiday House Deals sells Vouchers via the Website that can be redeemed for Voucher Products from a Merchant. You must Register in order to make a Purchase from the Website.
5.2 Emails: Subject to the following, we will send you administrative and promotional emails. We may send you information regarding your account activity and purchases, as well as updates about the Website and Service and Vouchers as well as other promotional offers after you opt-in to receiving such emails by submitting your email address to us via our webpage. If you do not wish to receive promotional e-mails, you can send an 'unsubscribe-request' via contact.HolidayHouseDeals.com with your wish to opt out of further emails. You can also opt-out of our promotional e-mails at any time by clicking the 'unsubscribe' link at the bottom of any of such e-mail correspondence.
5.3 When a Voucher transaction is complete: When you go through the procedure for purchasing a Voucher, after you have confirmed your acceptance to these terms and conditions and after we have taken payment (by debit card or credit card or whatever) the transaction will be complete only when we email you confirming the transaction (which is our acceptance of the transaction and when a contract for Purchase is made). We keep a copy of the contract between us. You are welcome to print out these terms and conditions from our Website as a record. Our payments are processed via an overseas gateway and from time to time, your financial institution or payment provider may charge you an additional fee for transacting with us because of this. If this occurs, please contact our customer care team who can arrange a refund for this fee.
5.4 Right to cancel ("cooling off period"): Once we send you the Voucher, you may cancel the transaction at any time within 7 working days from the day after the day that you receive the Voucher (where a working day is any day that is not a Saturday, Sunday or public holiday in your State or Territory). If you do want to cancel, you must do so by sending us an email to tell us you are cancelling via: firstname.lastname@example.com. Your cancellation request will only be accepted and processed prior to your redemption of a Voucher. We also take no responsibility for misdirected cancellation requests, or cancellation requests which are not received within 7 working days. The cooling off period does not apply to those deals that explicitly state in the fine print "No refunds for change of mind".
5.5 This Agreement applies: By making a Purchase, you acknowledge that the Purchase is made subject to this Agreement.
5.6 Redemption: Once you have made a Purchase, the Voucher is redeemable by you from the Merchant stated on the Voucher. The Voucher Products for which the Voucher can be redeemed will be stated on the Voucher, together with the period of validity of the Voucher. The Voucher must be redeemed within the period of validity stated on the voucher and you will not be entitled to any refund or credit from us for unused vouchers which have expired. Any attempt by you to redeem a Voucher contrary to the terms and conditions of this Agreement may render a Voucher void at our or a Merchants discretion.
5.7 Responsibility: The Merchant, and not Holiday House Deals, is:
5.7.1 the supplier of the Voucher Products;
5.7.2 solely responsible for supplying you with the Voucher Products and for the Voucher Products themselves; and
5.7.3 solely responsible for redeeming any Voucher you Purchase from us.
5.8 We do not act as agent for the Merchant. Where a Voucher Product includes the sale and/or supply of alcohol, that sale and/or supply is made by the Merchant and not by us and the Merchant is responsible for complying with all applicable laws relating to that sale/supply. Where a Voucher Product includes the sale/supply of travel services and/or arranges for another person a right of passage, the supply of services and/or arrangements is made by the Merchant and not by us, and the Merchant is responsible for complying with all applicable laws relating to the travel services/right of passage.
5.9 Restrictions: (i) Reproduction, sale, resale or trade of a Voucher is prohibited. Any attempt to carry out any of these may void the Voucher at our discretion; (ii) The Voucher must be redeemed for Voucher Products. If the Merchant allows the Voucher to be redeemed for goods and services that are not Voucher Products, there will be no entitlement to a credit, cash or new Voucher equal to the difference between the value of the Voucher Products and the value of the goods and services provided by the Merchant to you upon redemption of the Voucher. Also, Vouchers are redeemable in their entirety only and may not be redeemed incrementally.
5.10 Combination: It is at the discretion of the Merchant to determine whether Vouchers can be combined with any other promotions, vouchers, third party certificates or coupons.
5.11 Lost/stolen vouchers: Neither we nor the Merchant are responsible for lost or stolen Vouchers or Voucher reference numbers.
5.12 Expiry: The Voucher (including, but not limited to, any discounts provided by the Voucher) expires on the date specified on the Voucher.
5.13 From time to time Vouchers may be limited in quantity. Holiday House Deals will do its best to ensure that there are sufficient vouchers available to meet the expected demand but does not warrant that a Voucher will be available at the time you wish to purchase.
5.14 Status of vouchers: All Vouchers are promotional vouchers that are offered for Purchase and are subject to this Agreement and to any terms and conditions of the relevant Merchant.
5.15 Goods and Services Tax: The price for the Vouchers is inclusive of any GST.
5.16 All monetary transactions made by customers on HolidayHouseDeals.com are handled by Holiday House Deals Pty Ltd.
6.1 If the Merchant is unable to confirm the stay dates you want within the availability period, Holiday House Deals will offer a full refund within 7 days of purchasing the Holiday House Deals voucher.
6.2 If the Merchant fails to provide the good/service during the validity period of a voucher, we will investigate why the merchant was unable to provide the good/service. In most instances we will try to ensure that the good/service is provided. However if a sufficient alternative cannot be found then a refund will be provided.
7.1 Merchant terms: Merchants will have their own applicable terms and conditions, in relation to their own supply of their goods and services, and you agree to (and shall) abide by those terms and conditions. The responsibility to do so is yours alone.
7.2 Accurate information: You warrant that all information provided on Registration and contained as part of your account during the course of this Agreement is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your account.
7.3 Content on the Website and Service and Vouchers: It is your responsibility to ensure that any products, services or information available through the Website or the Service meet your specific requirements.
7.4 Things you cannot do: Without limitation, you undertake not to use or permit anyone else to use the Service or Website:
7.4.1 to send or receive any material which is not civil or tasteful;
7.4.2 to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
7.4.3 to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties), or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
7.4.4 to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
7.4.5 to cause annoyance, inconvenience or needless anxiety;
7.4.6 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
7.4.7 for a purpose other than which we have designed them or intended them to be used;
7.4.8 for any fraudulent purpose;
7.4.9 other than in conformance with accepted Internet practices and practices of any connected networks; or
7.4.10 in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
7.5 Forbidden uses: The following uses of the Service (and Website) and Vouchers are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
7.5.1 resale of the Service (or Website) or any Voucher;
7.5.2 furnishing false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
7.5.3 attempting to circumvent our security or network including accessing data not intended for you, logging into a server or account you are not expressly authorised to access, or probing the security of other networks (such as running a port scan);
7.5.4 accessing the Service (or Website) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;
7.5.5 executing any form of network monitoring which will intercept data not intended for you;
7.5.6 sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;
7.5.7 creating or forwarding "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings;
7.5.8 sending malicious email, including flooding a user or site with very large or numerous emails;
7.5.9 entering into fraudulent interactions or transactions with us or a Merchant (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
7.5.10 using the Service or Website (or any relevant functionality of either of them) in breach of this Agreement;
7.5.11 unauthorised use, or forging, of mail header information;
7.5.12 engage in any unlawful activity in connection with the use of the Website and/or the Service or any Voucher; or
7.5.13 engage in any conduct which restricts or inhibits any other customer from properly using or enjoying the Website and Service.
8.1 We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of same. However, we do not guarantee that the Service or the Website will be free of faults (or Vouchers will be free of error) and we do not accept liability for any errors or omissions. In the event of an error or fault, you should report it by email to: firstname.lastname@example.com.
8.2 We do not warrant that your use of the Service or the Website will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Service or the Website will be transmitted accurately, reliably, in a timely manner or at all.
8.3 We do not give any warranty that the Service or the Website is free from viruses or anything else which may have a harmful effect on any technology.
8.4 Also, although we will try to allow uninterrupted access to the Service and the Website, access to the Service and the Website may be suspended, restricted or terminated at any time.
8.5 We reserve the right to change, modify, substitute, suspend or remove without notice any information or Voucher or service on the Website or forming part of the Service from time to time. Your access to the Website and/or the Service may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We assume no responsibility for functionality which is dependent on your browser or other third party software to operate (including, without limitation, RSS feeds). For the avoidance of doubt, we may also withdraw any information or Voucher from the Website or Service at any time.
8.6 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of this Agreement.
9.1 If you use (or anyone other than you with your permission uses) the Website or Service or a Voucher in contravention of this Agreement, we may suspend your use of the Service and/or Website (in whole or in part) and/or a Voucher.
9.2 If we suspend the Service or Website or a Voucher, we may refuse to restore the Service or Website or Voucher until we receive an assurance from you, in a form we deem acceptable that there will be no further breach of the provisions of this Agreement.
9.3 Holiday House Deals shall fully co-operate with any law enforcement authorities or court order requesting or directing Holiday House Deals to disclose the identity or locate anyone in breach of this Agreement.
9.4 Without limitation to anything else in this Clause 9, we shall be entitled immediately or at any time (in whole or in part) to: i) suspend the Service and/or Website; ii) suspend your use of the Service and/or Website; iii) suspend the use of the Service and/or Website for persons we believe to be connected (in whatever manner) to you; and/or iv) terminate this Agreement immediately if:
9.4.1 you commit any breach of this Agreement;
9.4.2 we suspect, on reasonable grounds, that you have, might or will commit a breach of these terms; or
9.4.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any other person.
9.5 Our rights to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
10.1 You shall indemnify us against each loss, liability or cost incurred by us arising out of:
10.1.1 any claims or legal proceedings which are brought or threatened against us by any person arising from:
i) your use of the Service or Website;
ii) the use of a Voucher;
iii) the use of the Service or Website through your password; or
10.1.2 any breach of this Agreement by you.
11.1 We warrant that:
11.1.1 we will exercise reasonable care and skill in performing any obligation under this Agreement, and
11.1.2 we have the right to market and advertise Partners' products and facilitate the sale of vouchers between Partners and Customers.
11.2 This Clause 11 (and Clause 1.4) prevails over all other Clauses of this Agreement and sets forth our entire Liability, and your sole and exclusive remedies in respect of:
11.2.1 the performance, non-performance, purported performance or delay in performance by us of this Agreement (including in relation to the Website or Service supplied by us); or
11.2.2 otherwise in relation to this Agreement or the entering into or performance of this Agreement.
11.3 Nothing in this Agreement shall exclude or limit our Liability for (i) fraud; (ii) death or personal injury caused by our Breach of Duty; (iii) any breach of the statutory consumer guarantees relating to the supply of goods and/or services in Schedule 2 to the Competition and Consumer Act 2010 (Cth); or (iv) any other Liability which cannot be excluded or limited by applicable law (including, without limitation liability pursuant to Clause 1.4).
11.4 Save as provided in Clause 11.3, we do not warrant and we exclude all Liability in respect of:
11.4.1 the accuracy, completeness, fitness for purpose or legality of any information accessed using the Service or Website or otherwise; and
11.4.2 the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and
11.4.3 your use of any information or materials on the Website (which is entirely at your own risk and it is your responsibility);
11.4.4 Voucher Products for which Vouchers may be redeemed and in respect of the quality, safety, usability or any other aspect of the goods or services in respect of which is Voucher may be redeemed by a Merchant).
11.5 Save as provided in Clause 11.3 but subject to Clause 11.6, we do not accept and hereby exclude any Liability for loss of or damage to your (or any person's) tangible property other than that caused by our Breach of Duty.
11.6 Save as provided in Clause 11.3 but subject to Clauses 11.4.3 and 11.8, our Liability for loss of or damage to your (or another person's) tangible property caused by us, our employees, subcontractors or agents acting within the course of their employment during the performance of this Agreement, shall not exceed AU$10. Neither corruption of data nor loss of data shall constitute physical damage to property for the purposes of this Clause 11.6.
11.7 Save as provided in Clauses 11.3 and 11.4.3, we do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the terms of this Agreement.
11.8 Save as provided in Clause 11.3, we shall have no Liability for:
11.8.1 loss of revenue;
11.8.2 loss of actual or anticipated profits;
11.8.3 loss of contracts;
11.8.4 loss of the use of money;
11.8.5 loss of anticipated savings;
11.8.6 loss of business;
11.8.7 loss of opportunity;
11.8.8 loss of goodwill;
11.8.9 loss of reputation;
11.8.10 loss of, damage to or corruption of data; or
11.8.11 any indirect or consequential loss; and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, Clauses 11.8.1 to 11.8.10 apply whether such losses are direct, indirect, consequential or otherwise.
11.9 Save as provided in Clause 11.3, our total Liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to the greater of: a) AU$50; or b) 110% of any aggregate amount paid by you to us in the 12 months preceding any cause of action arising.
11.10 The limitation of Liability under Clause 11.9 has effect in relation both to any Liability expressly provided for under this Agreement and to any Liability arising by reason of the invalidity or unenforceability of any clause of this Agreement.
11.11 In this Clause 11:
11.11.1 "Liability" means liability in or for breach of contract, Breach of Duty, restitution or any other cause of action whatsoever relating to or arising under or in connection with this Agreement, including, without limitation, liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any clause of this Agreement; and
11.11.2 "Breach of Duty" means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).
12. Privacy
12.1 Please see our Privacy Policy which is incorporated into and forms part of this Agreement.
13.1 We may place advertisements in different locations on the Website and at different points during your use of the Service. These locations and points may change from time to time. We will always clearly mark distinguish third party advertisements for goods and services from the goods and/or services which are the subject of a Voucher and will be supplied by a Merchant when a Voucher purchased by you is redeemed..
13.2 You are free to select or click on advertised goods and services or not as you see fit.
13.3 Any advertisements may be delivered on our behalf by a third party advertising company.
13.4 No personal data (for example your name, address, email address or telephone number) will be used if you click on any advertising links on the Website on promotional emails. However, on our behalf, a third-party advertiser or affiliate may place or recognise a unique "cookie" on your browser.
14.1 Where the Website contains links to third party sites and to resources provided by third parties (together "Other Sites"), those Other Sites are merely linked to provide information only and are solely for your convenience. We have no control over and do not accept and we assume no responsibility for Other Sites or for the content or products or services of Other Sites (including, without limitation, relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the website, you do so entirely at your own risk.
14.2 This HolidayHouseDeals.com website may make available access to Microsites and if it does, it may do so within or otherwise through external hyperlinks.
15.1 All intellectual property rights (including the various rights conferred by statute, common law and equity in and in relation to copyright, patents, trade marks, service marks, trade names and/or designs (including the "look and feel" and other visual or non-literal elements)) (whether registered or unregistered) in (a) the Website and Service, (b) (subject to Clause 15.4) information content on the Website or accessed as part of the Service, (c) any database operated by us and (d) all the website design, text and graphics, software, photos, videos, music, sounds, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) are owned by us or licensed to us. You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
15.2 None of the material listed in Clause 15.1 may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen (including any tablet or smartphone device), store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website or accessed as part of the Service without our permission.
15.3 All rights (including goodwill and, where relevant, trade marks) in the Holiday House Deals name are owned by us or licensed to us. Other product and company names mentioned on the Website are the trade marks or registered trade marks of third parties.
15.4 Title, ownership rights and intellectual property rights in and to the content accessed using the Service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. Subject to the limited rights described in Clause 15.2, this Agreement gives you no rights to such content.
15.5 The authors of the literary and artistic works in the pages in the Website have asserted their moral rights to be identified as the author of those works.
15.6 Any material you transmit, post or submit to us either through the Website or otherwise ("Material") shall be considered (and we may treat it as) non-confidential (subject to our obligations under data protection legislation). You grant us a royalty-free, perpetual, irrevocable, non-exclusive licence to use, copy, modify, adapt, translate, publish and distribute world-wide any Material (other than Ideas).
15.7 All comments, suggestions, ideas, notes, drawings or concepts in which intellectual property rights subsist: (i) disclosed or offered to us by you; or (ii) in response to solicitations by us regarding the Service or the Website; (in each foregoing case, these are called "Ideas") shall be deemed to be and shall remain our property and you hereby assign all existing present and future intellectual property rights in Ideas, to us. You must do all things reasonably requested by us to assure further the assignment of such rights. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
16.1 Interpretation: In this Agreement:
16.1.1 words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
16.1.2 clause headings such as ("16. GENERAL" at the start of this Clause) and clause titles (such as "Interpretation:" at the start of this Clause 16.1) are purely for ease of reference and do not form part of or affect the interpretation of this Agreement; and
16.1.3 references to "include" and "including" shall be deemed to mean respectively "include(s) without limitation" and "including without limitation".
16.2 No partnership/agency: Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
16.3 No other terms: Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
16.4 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Agreement to any person.
16.5 Force majeure: We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
16.6 Entire agreement: This Agreement (and our Privacy Policy) contains all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this Agreement except as expressly stated in this Agreement. However, the Service is provided to you under our operating rules, policies, and procedures as published from time to time on the Website.
16.7 No waiver: No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether or a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under this Agreement.
16.8 Notices: Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.
16.9 Third party rights: All provisions of this Agreement apply equally to and are for the benefit of Holiday House Deals, its subsidiaries, any holding companies of Holiday House Deals, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties).
16.10 Survival: In any event, the provisions of Clauses 1, 2, 5.7, 5.8, 5.9, 5.10, 5.11, 5.12, 7.1, 10, 11, 15 and 16 of this Agreement, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement. In the event you use the Website or Service again, then the provisions of the terms and conditions that then apply will govern your re-use of the Website or Service. In the event you use Vouchers bought under this Agreement, then those provisions applicable to Vouchers will survive termination of this Agreement.
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16.12 Governing law: This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the law of Queensland and both parties hereby submit to the exclusive jurisdiction of the courts of Queensland.
17.1 The Website and the Service is owned and operated by Holiday House Deals Pty Ltd a company registered in Australia whose registered office is in Milton, Queensland 4064.


text:
Arboretum Senior Scientist Peter Del Tredici Retires
I consider 'weed' to be a politically incorrect term. There is no biological definition of the term weed. It's really a value judgment.
—Peter Del Tredici [from Boston Globe]
Throughout its 140-year history, the Arnold Arboretum has advanced our understanding of biodiversity through the work of some of the most significant people in plant science. Among this select group is Senior Research Scientist Peter Del Tredici, who retires from the Arboretum in January 2014 after 35 years. Over that time, Peter has made many indelible contributions to the stewardship and study of the living collections as well as to the fields of plant morphology, plant exploration, public horticulture, urban ecology, and the science of climate change. A uniting theme in his work has been to bridge the gaps that traditionally separate the fields of landscape design, horticulture, and ecology.
Peter began his career at the Arboretum in 1979 as an assistant propagator in the Arboretum's Dana Greenhouses. Over three subsequent decades at the Arboretum, Peter has been recognized for his research on an array of plants and plant families, including Ginkgo biloba, conifers and dwarf conifers, magnolias (Magnolia spp.), stewartias (Stewartia spp.), and hemlocks (Tsuga spp.). Since 1984, Peter has also curated the Larz Anderson Bonsai Collection, conducting extensive research into their origins and leading a comprehensive restoration effort to return them to their traditional design. He has won numerous awards including the Jackson Dawson Memorial Medal from the Massachusetts Horticultural Society in 1986, the Arthur Hoyt Scott Garden and Horticultural Award in 1999, and the Veitch Memorial Medal from The Royal Horticultural Society in 2013.
Deeply interested in the Arboretum's historical work in Asia and the introduction of Asian plants, Peter participated in eight collecting expeditions to China for the Arboretum: Hubei Province (1994), Zhejiang Province (1989 and 1995), Jilin Province (1997), Guizhou Province (2002), Jiangxi Province (2004), Sichuan Province (2005), and Chongqing Province (2007). He has also collected a wide variety of plants in various parts of North America. The author of more than 150 scientific and popular articles, Peter has contributed extensively to the Arboretum's journal, Arnoldia, as writer of more than 60 articles, member of the editorial committee, and as editor from 1989 to 1992.
From 1992 to 2003, Peter served as Director of Living Collections, stewarding the care and expansion of Arboretum plant holdings and contributing to efforts to improve plant health and to embrace more sustainable methods of landscape maintenance. Through his leadership, the Arboretum renovated its 100-year-old drainage system to improve the hydrology of the landscape, redesigned Chinese Path in what is now the Explorers Garden, and redesigned the summit of Peters Hill.
In recent years as Senior Research Scientist, Peter has turned his attention to the study of adaptive plants in urban environments. In addition to teaching Harvard students on this topic at the Graduate School of Design, he championed the establishment of the Arboretum's Bussey Brook Meadow as a preserve for the long-term study of urban ecology and organismic succession in disturbed landscapes. His 2010 book Wild Urban Plants of the Northeast: A Field Guide is considered a seminal work in the study of emergent vegetation, providing an objective reassessment of the critical role that naturally-occurring plants play in the health and ecological cycling of urban environments.
Senior Research Scientist, Arnold Arboretum of Harvard University
(July 2003 to present)
Lecturer, Harvard University Graduate School of Design
(1992 to present)
Director of Living Collections of the Arnold Arboretum of Harvard University
(May 1992 to July 2003)
Editor of Arnoldia, the Magazine of the Arnold Arboretum
(1989 to April 1992)
Curator of the Larz Anderson Bonsai Collection
(1982 to present)
Assistant Plant Propagator, Arnold Arboretum
(1979 to 1989)
Urban Ecology Resources
Peter Del Tredici (September 9–13, 2010). "A Primer on Urban Ecology." ASLA 2010 Annual Meeting and Expo. American Society of Landscape Architects.
Del Tredici, Peter (2010). Wild Urban Plants of the Northeast: A Field Guide. Cornell University Press.
Del Tredici, Peter (1989). Early American bonsai : the Larz Anderson collection of the Arnold Arboretum. Jamaica Plain, Mass. : Arnold Arboretum of Harvard University.
Del Tredici, Peter (1984). St. George and the Pygmies: The Story of Tsuga Canadensis 'Minuta'. Theophrastus.
Del Tredici, Peter (1983). A Giant Among the Dwarfs: The Mystery of Sargent's Weeping Hemlock. Theophrastus.
Additional Resources
Harvard Magazine: The Living Dinosaur
The Ginkgo's Secrets
Repotting Bonsai at the Arnold Arboretum

subset: commoncrawl


text:
Your browser does not support iframes.
I hope everyone had a wonderful Easter.
I've been doing a lot of traveling lately. As you know, I just returned home from Pikeville last Sunday after going to Hillbilly Days.
Theresa and I came home Easter Sunday from a trip to Roseville, Mich. We went there to visit some long-time friends from Monterey. You may recall reading last year when we meet back up with Tim and Pat Grace. They used to live here in the 70s.
After having a few estimates recently on some new vinyl siding, I have decided to just paint my house for now.
Several people had mentioned this method to me but I was a little skeptical about it.
This will save me a whole lot of money for other things that I also need right now, like new landscaping and gravel.
My good friend Shane Powell stopped by last week and asked me why I was even considering vinyl.
He said he could paint it for now and make it look like brand new and save me some money, too.
Well, the Cats didn't make it all the way this year, but they surely did an awesome job getting as far as they did. I am still very proud to be a Kentucky Wildcat fan. Better luck next time, guys.
Sadness has hit our community as well as our family once again.
On Wednesday, March 23, Angie "Tindall" Haydon was called home. Angie was 46 years old, same age as me, and also a whole bunch of other girls that all went to school with her: Troi, Donna, Beth, Ruby, Colleen, Debbie, and Sheila, just to mention a few. In the last eight or so years, this women has been through so much — more than any one person should every have to go through in their lifetime.
This weather has been really hard on a lot of people lately. It seems everyone I see seems to be sick or just getting over being sick.
Daddy hadn't been feeling well for the last couple of weeks either and finally decided he needed to go the doctor.
They put him in the hospital right away. He had pneumonia in both lungs. He spent a few days there. Of course, he couldn't wait to get out so that he can go dancing.
While shopping at Walmart last Wednesday, I ran into several Monterey folks who I hadn't seen for some time including Martha Bee and Gary Brock.
I saw Gary in October at the Monterey Fair, but I can't tell you the last time I saw Martha Bee. She looked great and it was so nice to see her out and about.
I also ran into Susie Ballard. We chatted for a minute, too. I was telling her what a great time she missed out on by not joining us for the tubing adventure. I told her that I am looking forward to joining them all again in the future.
Sonda Roach recently contacted me to let me know of a Kentucky State Police initiative — a deck of playing cards featuring 52 unsolved cases.
She said a detective from Kentucky State Police contacted her along with several other families to let them know that the KSP would soon hold a news conference concerning some unsolved cases throughout Kentucky.
On Dec. 16, the KSP unveiled playing cards that will be circulated throughout Kentucky's prisons in an attempt to generate tips in cases of unsolved murders, missing persons and unidentified remains.
Copyright © 2019
The Owenton News-Herald is your source for local news, sports, events and information in Owen County and Owenton, KY, and the surrounding area.


text:
Applied Math Faculty Position for 2013
Subject to Budgetary Approval
Applied Mathematics
College of Science
Job Opening ID (JOID): 22445
Rank: Assistant Professor (Tenure-Track)
The Mathematics Department at San José State University invites applications for one full-time tenure-track faculty position in Applied Mathematics. Candidates must have a Ph.D. in Applied Math or closely related field at time of appointment. An interest in mathematical biology, combinatorics/graph theory, numerical analysis, or financial math/actuarial science would be desirable. Also desirable would be the knowledge of and experience with the appropriate use of technology in teaching and research. Applicants should have awareness of and sensitivity to the educational goals of a multicultural population as might have been gained in cross-cultural study, training, teaching, and other comparable experience.
Responsibilities: The faculty member is expected to supervise graduate students on their master's theses and student teams working on industrial research projects in the Department's Center for Applied Math, Computation, and Statistics (CAMCOS) program, to teach a variety of undergraduate and graduate courses in the Department of Mathematics, to maintain a program of scholarly activity, to work on curriculum development, and be involved in departmental governance. Candidate must address the needs of a student population of great diversity – in age, cultural background, ethnicity, primary language, and academic preparation – through course materials, teaching strategies, and advisement.
Salary Range: Commensurate with qualifications and experience.
Starting Date: August 19, 2013
Eligibility: Employment is contingent upon proof of eligibility to work in the United States.
Application Procedures: For full consideration, send a letter of application (which includes a paragraph explaining why you are interested in this position at San José State University), curriculum vitae, statement of teaching interests/philosophy and research plans, and at least three original letters of reference with contact information by January 10, 2013 to the address listed below. Candidates may apply online at Mathjobs.org. Original transcripts and original letters of reference will be required before appointment to position.
Dr. Brad Jackson
Chair, Dept. of Mathematics
San José State University
One Washington Square
San Jose, CA 95192-0103
Please include the Job opening ID (JOID) on all correspondence.
San José State University is California's oldest institution of public higher learning. The campus is located on the southern end of San Francisco Bay in downtown San Jose (population: 945,942), hub of the world-famous Silicon Valley high-technology research and development center. Many of California's most popular national, recreational, and cultural attractions are conveniently close. A member of the 23-campus CSU system, San José State University enrolls approximately 29,000 students, a significant percentage of whom are members of minority groups. The University is committed to increasing the diversity of its faculty so our disciplines, students and the community can benefit from multiple ethnic and gender perspectives.
San José State University is an Equal Opportunity/Affirmative Action Employer committed to nondiscrimination on the bases of race, color, religion, national origin, sex, sexual orientation, gender status, marital status, pregnancy, age, disability, or covered veteran status consistent with applicable federal and state laws. This policy applies to all SJSU students, faculty, and staff as well as University programs and activities. Reasonable accommodations are made for applicants with disabilities who self-disclose.
The latest San José State University Safety 101 Uniform Campus Crime and Security Report is available. You may request a copy of San José State University's annual safety report by contacting the University Police Department at (408) 924-2222 or by visiting the University Police Department website.


text: Kudos to Fox Sports for not shying away from showing multiple replays of this nasty injury to Texas Tech's Happiness Osunde that took place in the Red Raiders' matchup tonight against Baylor. It's possible the insult of an ACL tear was added to the injury of a broken ankle, from the looks of the replay; Osunde was carted off the field in an inflatable leg cast, his mood a visible contradiction of his eponym. [Fox Sports]


text:
Selena Gomez Gets All Wet in 'Come & Get It' Video [Pic]
Selena Gomez is all wet…at least in an image she shared from her 'Come & Get It' video shoot. The singer is submerged in water, with her hair slicked back, surrounded by cameramen. She's a water nymph and an aquatic vixen in this shot.
This image certainly is an inside look at a video shoot
Gomez tweeted: "Music video for 'Come and Get It' coming to you guys really soon."
We're banking on that, Sel. We can't wait to see it. Nice of you to come back from all that rendezvousing with your on-off BF Justin Bieber to get back to work and make a video.
The singer-actress is a fan of getting all dripping wet and drenched for promotional purposes. For her eponymous fragrance, she wasn't afraid to get soaking wet. She appears to be copying herself with her new video.
Can we also just say that we love the fact that her crimson lipstick has barely smeared, despite the fact that she is working in water, which is one of the main elements that can cause lipstick to go buh-bye? Oh Sel -- she's such a pro.
Watch the Selena Gomez 'Who Says' Video


text:
Who knew that a girl from Turkey could look this good! Lowrider Girls would like to introduce you to a little bit of Turkish delight who goes by the name of Nehir.
Nehir sounds like a really exotic name. Where are you from?
I'm Turkish but I grew up in New Jersey.
Really? We never met anyone from Turkey before. Do all of the women out there look like you?
Nope (just kidding). Well, some are hot and some are not, like here in the States.
When you go out do like to hang out with "ugly" girls to make yourself stand out more than you already do? Or do you roll with the finest?Well, I must say that I hang out with more guys than girls. I love the attention that I receive from men.
What's your favorite position?
I must say that I'm a rider!
Oh, is that right! We love a girl who knows how to move her hips. What type of underwear do you enjoy best?
I love the booty shorts. They fit me good, and I look good in them, I must say.
What are two things that people would be surprised to learn about you?
Well, I belly dance and I love to eat… I eat like a man.
That's so sexy. We love a girl who loves to eat and looks good while doing so.
(Laughing) Well, I'm definitely the right girl for you.


text:
Zebra OneCare Support Services
Maximize Zebra Device Uptime and Business Performance with Zebra OneCare Support Services
Every day, you depend on your Zebra mobile computers, barcode scanners and printers to keep your business up and running efficiently. Ensure you get the predictable and dependable performance you need to maximize device uptime and return on investment for your Zebra devices with Zebra OneCare Support Services. No matter what level of service you need, there's a Zebra OneCare Service to support your critical operations and help improve business outcomes. Zebra OneCare services set the bar for service, support and repair - with experts that speak 17 languages offering unmatched from-the-manufacturer support — after all, nobody knows our products better than we do.
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This core service offering provides the assurance you need across all your products, going beyond standard warranty providing:
- Comprehensive coverage — if it's broken, we fix it
- Covers accidental damage, plus normal wear and tear
- 8x5 local time live-agent support
- 3-day repair turnaround time
- Access to restricted software
- Device Diagnostics for mobile computers
- VisibilityIQTM OneCare® cloud-based view for mobile computers and scanners provides visibility to repair, case management and LifeGuardTM analytics reports
Maximum Protection
Building on top of Essential support, Zebra OneCare Select provides additional capabilities, including:
- 24x7 live-agent technical support
- Advance device replacement - Same day shipment of replacement device
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When your business requires the highest level of service possible, choose Zebra OneCare Premier for your enterprise devices. Using our Visibility Services and Support Services, you choose the service components to meet the exact needs of your business and your workforce. Key features include:
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Resolve all your technical support issues and get access to all the latest software updates with Zebra's TSS. Features include:
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Zebra OneCare SV
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This special value service provides the right coverage for the right price for eligible Zebra printers and TC2X mobile devices, including:
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One call brings a Zebra-trained and certified service technician to your facility. Using genuine Zebra parts, your On-Site Support service technician quickly returns your Zebra device to original manufacturer specifications restoring your operations to full productivity.
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*Includes all parts and labor, travel, complete cleaning and adjustment; engineering changes and two preventative maintenance check-ups per year
Technical and Software Support Fact Sheets
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Terms and Conditions
Technical Support is provided by Zebra under the following conditions:
- For mobile Computing devices and standalone Restricted Software products Technical support is available for a period of 90 days from when the instance of Software or Hardware are first shipped by Zebra or, with proof of purchase or license, from the purchase date whichever is later. For DCS hardware Products Technical support is available for the duration of the hardware warranty.
- Under a Zebra OneCare Service Contract
- Under a Technical and Software Support Contract
- Online, via technical articles and solutions in English


text:
BONIFAY� Associate Director of Membership Development for the Florida League of Cities Sharon Berrian was present of the behalf of the League to honor Bonifay City Council member Roger Brooks for his 30 years of elected service during the Bonifay City Council�s regularly scheduled meeting on Monday, Nov. 26.
BONIFAY� Associate Director of Membership Development for the Florida League of Cities Sharon Berrian was present of the behalf of the League to honor Bonifay City Council member Roger Brooks for his 30 years of elected service during the Bonifay City Council�s regularly scheduled meeting on Monday, Nov. 26.
�This is in honor of not only your dedication to Bonifay but to our state and to the cities throughout our state,� said Berrian. �This is in recognition of the fact that you have provided a lifetime of dedicated service to your citizens and I want you to know I really feel honored to be here tonight to present this resolution to you on behalf of the Florida League of Cities.�
Berrian then read the resolution to the council and residents in attendance.
�It is a resolution of Board of Directors of the Florida League of Cities, Inc. to honor Roger H. Brooks for 30 years of elected service and commending him for his unselfish commitment to municipal leadership in governments,� read Berrian. �Whereas America�s municipal governments have long relied on unselfish leadership of their citizens for local government and Florida�s municipal government share the time-honored role as the level of government closest to the people.
�Whereas this reliance places extraordinary responsibility upon citizens legislatures municipal elected officials such as yourself, who make significant sacrifices of their times and energies on behalf of their citizens often for little or no compensation, making this commitment a true labor of love.
�Whereas municipal leaders strive for excellence in the governments of city, town or village and commit themselves to providing quality service, governing effectively and working to improve the quality of life.
�Whereas several terms in office is a very high complements voters give to an official and with these years of experience comes a strengthening of wisdom, discernment and strong leadership skills that brings tremendous value to the municipal governments of Florida.
�Whereas Roger H. Brooks has held office in the City of Bonifay for 30 years and it�s recognized for this achievement.
�Now, therefore, be it resolved by the Board of Directors of the Florida League of Cities, Inc. that Roger H. Brooks is commended for your dedication to the city of Bonifay and is hereby recognized as an outstanding public servant in Florida.�
Berrian said she was honored to be there and that the Florida League of Cities would be honoring Brooks on their website, Facebook and Twitter as well as at their headquarters.
�It�s never been about me,� Brooks said. �It�s always about the people.�
Resident Ray Brooks came before the council with concerns about the streets of Bonifay.
Brooks pointed out that due to water leaks there are many roads with broken pavement and indentures.
Mayor Lawrence Cloud explained that the city was aware of every issue he brought up and that these issues were because of their previous contractor and the city was getting in contact with the contractor to correct their mistakes. The only drawback would be if the contractor refused to correct the damage because the one-year warrantee is up.
�What�s to stop the same thing happening again during this project?� Ray Brooks asked. �I�m concerned that the streets of Bonifay being worse off then when before the project began.�
Cloud assured the man that the difference this time is that they increased their inspectors from one to three.
�We�ve learned from our previous project and I know this time will be better,� said Cloud.
City Superintendent Jack Marell also informed Brooks that it is mandatory that all inspectors update the city on a regular and timely basis.
The Council was informed that there were still two local businesses in volition of the grease trap ordinance and needed to be dealt with.
The Council approved of Council member Richard Woodhams suggestion of sending the business a letter, have the local agency pump their grease trap for them and add the bill to their water bill.
�That way if they don�t pay then their services will be disconnected until they do,� said Woodham.
The Council approved of Paying Baxter�s Asphalt $1,131 for the paving done on Varner Street.
The Council also approved of granting Jack Locke access to the easement already granted to Verizon to their cell phone tower.
�It won�t change anything and the city wouldn�t be liable for anything,� said City Attorney Lucas Taylor. �It�s just giving them permission to use a path that�s already being used and maintained by Verizon.�
Cloud announced they received a praise report from a local resident for the paving of McGee Road.
�It�s rare for us to get a thank you,� said Cloud. �When we do get a thank you it is greatly appreciated.�
The next regularly scheduled Bonifay City Council meeting is set for 6 p.m. on Monday, Dec. 10 at the Bonifay City Hall.


text:
The Utah Department of Natural Resources and the Utah Division of Forestry, Fire and State Lands jointly sponsored the Great Salt Lake Planning Project to develop a coordinated natural resources management plan for the lands and resources of Great Salt Lake.
The following documents are in PDF format.*
Download the entire document (20.5 MB)


text:
Sariling Atin Komiks
Wednesday, April 02, 2008
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Your browser does not support iframes.
Feb. 16, 2011
Compared to the previous sale: slaughter cows and bulls steady; feeder steers and heifers $1 to $4 higher, except calves under 500 lb., $10 to $12 higher.
Slaughter cows were 8 percent of the supply, slaughter bulls 2 percent, replacement cows 2 percent, and feeders 88 percent. The feeder supply included 40-percent steers, 30-percent heifers and 17-percent feeder bulls. Thirty-seven percent of the supply weighed over 600 lb.
Slaughter Cows Premium White 65-75%: 1,515 lb. $81.
The USDA announced that a referendum on the Sorghum Promotion, Research and Information Order continues through Monday.
For the program to continue, a simple majority of those voting must support the continuation of the program.
The referendum will be conducted at local Farm Service Agency offices for producers. Ballots may be obtained in person, by mail or facsimile at county FSA offices.
Feb. 2, 2011
Compared to the previous sale: Weaker undertone on slaughter cows. Slaughter bulls not tested. Feeder cattle steady to $2 lower on light supplies. Heavy rainfall and high winds curtailed receipts.
Slaughter cows were 5 percent of the supply: slaughter bulls 0 percent; replacement cows 3 percent; and feeders 92 percent. The feeder supply included 31-percent steers, 28-percent heifers and 29-percent feeder bulls. 41 percent of the supply weighed over 600 lb.
Beef synchronization
The weather we had this past summer may cause some later calving cows to be particularly late in coming into cycle for re-breeding this spring. There are some techniques available that might help producers tighten up the potentially drawn-out calving season for next year.
A meeting to discuss new research and methods of estrus synchronization for beef cattle will be held at the Carroll County Extension Office at 7 next Tuesday night. Anyone interested in learning more about this is invited to attend. Call the extension office for more information.
A petition for a wet/dry vote in Owen County recently began circulating, which Owen County Clerk Joan Kincaid said could lead to a costly special election.
The petition asks if Owen countians would be in favor of the sale of alcoholic beverages in Owen County.
To get the petition on the ballot, 901 Owen County registered voters will have to sign the petition.
The amount of signatures needed represents 25 percent of the number of votes cast in the last general election.
Kincaid said 3,604 Owen countians voted in the 2010 general election.
Many Owen County farmers have been concerned over the fall and winter about how their pastures will come back after last summer's drought. What are the chances that the grass and clover will return this spring? How can I evaluate what I have now? What will it cost to reseed and renovate this spring, and will it pay? What weed problems can we expect, and how should they be dealt with? What, if anything, could have been done differently last year to help protect pastures from drought?
Keith Miller, agent for Modern Woodmen of America, presents a check to Mike Marston and Delores Dempsey in the amount of $2,480 as a result of a matching-fund project, with proceeds being raised by sale of Owen County Rebel Wear for the Owen County Youth Soccer League. Modern Woodmen of America is a 128-year old fraternal insurance society providing many benefits to both families and community.
Cathy Jansen left Owen County three years ago to open a prom dress store in Tulsa, Okla., and now she is bringing one back to Owen County. After being in Tulsa and talking to girls in Owen County and the surrounding area, Jansen saw a need for the same type of store here. "Girls in this area don't have a place to go to purchase prom gowns from the top prom designers. The Palace will meet this need," Jansen said.
Eligible livestock producers, with 2010 NAP coverage have until Jan. 30, to sign-up for the Livestock Forage Disaster Program.
The LFP provides compensation to eligible livestock producers that have suffered grazing losses for covered livestock on land that is native or improved pastureland planted specifically for grazing.
The grazing losses must be due to a qualifying drought condition during the normal grazing period for the county.
Owen County has met qualifications for D-3 drought conditions.
Copyright © 2019
The Owenton News-Herald is your source for local news, sports, events and information in Owen County and Owenton, KY, and the surrounding area.


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http://www.abc.net.au/news/2016-10-21/w ... ty/7933250
Citibank's Australian bank branches go cashless
http://www.smh.com.au/business/banking- ... spedd.html
Economic benefits would include a reduction in crime, higher tax revenue from fewer cash transactions and lower rates of welfare fraud, he said. He estimated phasing out $100 bills would raise household deposits by 4 per cent if they were put into bank deposits.
Ahh, cash out from under the mattress is cash in the bank's coffers. Hmm. Deposits, after all, are really loans to banks, handing over that capital for the banks to use in ways you're not privy to.
Greek banks propose "tax on cash withdrawals" to combat tax evasion
http://www.keeptalkinggreece.com/2016/1 ... x-evasion/


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In France, the far right Front National party, under its leader Marine Le Pen, finished on top in the recent European elections. The French prime minister called it a political earthquake, with the ruling Socialist Party pushed into third place. So why did it happen?
The BBC's Christian Fraser traveled into the French countryside to find out why voters have turned against their main parties.
Note: Please download the Here & Now podcast or use the WBUR app to hear this interview.
- Christian Fraser, Paris correspondent for the BBC. He tweets @ForeignCorresp.
From NPR and WBUR Boston, I'm Robin Young. It's HERE AND NOW. And in France, the far right national party is trying to capitalize on its recent win in the European elections. Something the French prime minister called a political earthquake. Well, the BBC's Christian Frazer visited the countryside to find out why voters turned against the main political parties in France.
CHRISTIAN FRAZER: We've come to rural France, the Haute Marne in the east, to a village called Braschez. There's a single lane here which takes you past the line of well-kept stone cottages to the stream and this pretty central square. Well, there's no cafes, no bars, no real sense of community here anymore. Braschez is pretty unremarkable, really, with one dubious exception. There are 70 people who live in this village, and not one of them cast a vote in the recent European elections for the two main parties. They cast 28 votes, 22 of them went to the far-right Comp Nationale, three others went to the far left, the anti-EU front de gauche.
FRAZER: In the hills of Braschez, we found the Mayor. He's a dairy farmer, Gerard Merchant (ph). Twice Marie Le Pen has been here to support him. The young French people, he says, are drifting away from the village, but it's not the remoteness of Braschez he blames, it's Europe.
GERARD MERCHANT: (Through translator) We started Europe with five, six, seven countries. Today there are - what? - 28? And now we have Eastern Europeans coming for our jobs. In France, if you have leftovers at the table, you give it to the neighbors. But you have to look after your own first.
FRAZER: Not many miles from Braschez is Colombey-les-Deux-Eglises, formally the home, and now the resting place of Charles de Gaulle. We're in the cemetery. It's a plain, humble tomb, this, belying the stature of the man. What would the great General have made of it all? This vote for the far right, a vote against Europe.
DE GAULLE: ...Vive la Community. Vive la Republic. Vive la France.
FRAZER: Visiting the grave is Clemont (ph), a young Frenchman who yearns for a leader in the mold of De Gaulle.
CLEMONT: Great speech, great ideas and great visions. We don't have that since the day of...
FRAZER: Someone that inspires you.
CLEMONT: Yes, yes. With a great project of, you know, society, having France back on its feet. We don't really have that today to have a collective vision of our destiny.
FRAZER: Maybe Clemont is not an FN supporter, but he is typical of young, first time voters who feel ignored. The Socialist President, Francois Hollande, bears much of the responsibility. This was the slogan of his 2012 campaign.
FRAZER: Change now. But of course, it's not changed. It's only gotten worse. It's not the banks that are punished. It's ordinary French workers, struggling at record levels of taxation. Unemployment has jumped 15 percent since 2012. The Socialist MP, Karine Berger sits on the assembly's Finance Committee. She was once an advisor to the presidential campaign, and she in no way underestimates the growing threat of the FN.
KARINE BERGER: It's a party which is able to gather 25 percent of the votes. I really believe that the Front National, as many chance as the other two parties, to go to the election in 2017, and who knows when you are qualified for the second term, you can win the election.
YOUNG: That report, from the BBC's Christian Frazer, in France. You're listening to HERE AND NOW. Transcript provided by NPR, Copyright NPR.


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University is hard work, I am so behind on my lecture notes and every lecture feels like lots of information are just being thrown in your face and all you can do is to slap it into your notepad and pray that you will somehow understand it when you go back through it. I barely have time to sew because I've completely occupied myself with coursework, lecture notes, cooking, cleaning, seeing friends and oh, badminton!
In case you haven't noticed, the long hair is gone! I thought it was finally time to rid the horrid coarse bleached ends and yes, I re-dyed my hair because I've got too used to having the ends bleached! I'm in the process of dye-ing it silver with the Direction hair dye, hopefully it wont turn out too bad...
The location for this shoot is actually just the end of the road of my student accommodation, it was raining and I didn't want to go far, so the garage men kindly let us have the vintage car in the background, made in the 1956, possibly painted by hippies in the 60's due to the paint job of the flowers visible in the last picture (yes we also had a little chat with them about the history of this car, which was actually very interesting).
I adore this dress, from the pattern to the shape, it has a somewhat old-Victorian vibe, I'm a sucker for plaid, so I was thrilled to find this lovely cool toned dress from Jessica Buurman. I decided to add a hint of modernness to the outfit by wearing a (cool) fedora and a small satchel for a pop of colour.
Jessica Buurman dress: http://www.shopjessicabuurman.com/lynda-checkered-button-dress-p-11095.html
Jessica Buurman satchel: http://www.shopjessicabuurman.com/toya-buckle-details-tote-bag-p-9813.html
Now that I have Natalia as my human tripod, I should have no excuses to have a lack of posts and dull locations! Finger crossed that I will be writing again soon :)


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William Wyler's 1959 classic of epic Hollywood filmmaking, Ben-Hur already saw a fine DVD release a few years ago, but Warner Brothers have pulled out all the stops for the film this time awarding it a massive four disc special edition. And why not? It is, after all, one of the most recognized films of all time, taking home a whopping eleven Oscars at the 1960 Academy Awards. If any film deserves that kind of treatment, surely it's Ben-Hur, right?
For the one or two of you out there who haven't seen the movie before and want a bit of a breakdown story wise, the film follows the story of one Judah Ben-Hur (Charlton Heston of Planet Of The Apes) who is born into a life of luxury as a fabulously wealthy Jewish prince. He lives in Jerusalem at the turn of the first century and runs a business that keeps him quite comfortable. In short, anything he wants, he's pretty much able to provide for himself and he does a fine job of living the good life.
Things change for Judah when the governor his childhood friend Messala (Stephen Boyd of Henry Levin's Genghis Khan) arrive in town with scads of Roman soldiers. Initially, Judah is overjoyed to meet his old friend who he hasn't seen in years, but it doesn't take long for him to realize that the Messala he knew long ago is not the Messala who know stands in front of him. The more the two former friends talk, the more Judah realizes that Messala's personal politics and ambitions do not exactly have the public's best interests at heart and soon, they're unable to get along like they used to. During the parade that is set to honor their arrival, as the procession passes Judah's house a brick falls from above and narrowly misses the governor. Although this is obviously an accident, Messala sees this as an opportunity to get rid of a potential thorn in their collective sides and Judah is arrested and sent to the slave galley. Adding insult to injury, his mother, Miriam (Martha Scott of The Ten Commandments), and sister, Tirzah (Cathy O'Donnell who was married to the director's brother – this would be her last film), are also arrested and sent to jail.
Circumstance is a strange thing, however, as while he's imprisoned Judah ends up saving the life of a Roman nobleman named Quintus (Jack Hawkins who starred opposite Vincent Price in Theatre Of Blood). In return for saving his life, Quintus not only frees Judah but takes him onboard as his adopted son, treating him as well as he would treat someone of his own flesh and blood. Judah use his newfound influence to head back to his homeland where he hopes to free his mother and sister from their prison and exact his revenge upon Messala but it isn't going to be easy and he's definitely got his work cut out for him.
Based on the novel Ben-Hur: A Tale of the Christ by Lew Wallace, Wyler's film is about as grand and magnificent as they come. Shot in an insanely wide aspect ratio on 65mm film to give the movie that 'epic' scope that was so popular in Hollywood at the time, the film had the distinction of being the most expensive Hollywood production ever made (this obviously didn't last all that long but by 1959 standards this thing was HUGE!). With as much money dumped into it as there was and with as much effort put into the lavish sets and props used to create the period feel of the film, there was a lot riding on Ben-Hur's success but the movie did not disappoint in the least at the box office or the Academy Awards. Audiences connected with its deft blend of action, romance, drama and intrigue and the film has just enough of all of the above ingredients to really appeal to the mass market – there's truly something for everyone.
Heston is fantastic in the lead role, scowling his way through the action and combat scenes but charming his way through other parts of the film. Sure he has a tendency to overact sometimes but this film stands as proof positive of his real skills in front of the camera and as a testament to his abilities as an actor. He commands the screen whenever he's in a scene and there are few actors out there who can really rival his screen presence. Say what you will about the man, but in Ben-Hur when Charlton Heston speaks, you listen. It doesn't hurt matters at all that he's surround by an excellent supporting cast. Stephen Boyd is great as one of those villains that you love to hate and when he stabs Judah in the back like he does, you really feel for the guy, making his revenge all the more understandable and appreciated.
William Wyler (who also served as an uncredited co-producer) keeps the action moving at a fantastic pace and even at almost four hours in length the movie is never dull thanks to the sure direction he provides. While the middle part of the film might not be as action packed as some might hope for there is plenty of solid character development and interesting plot twists throughout that should hold most viewers' attention without too much trouble. The comparisons to Christ's life add a whole different depth to the film that edge this one out of typically melodramatic period fare and give it a little something special resulting in a film that is a little more though provoking than it would have been otherwise. The cinematography from Robert Surtees (who also did The Last Picture Show) is absolutely breathtaking and it pulls you in from start to finish with its long, sweeping camera movements that capture every last tiny detail of the painfully reconstructed set. Has the film aged? Well, what film hasn't – of course it has, but in the case of Ben-Hur it's the same way a fine wine ages, as it holds up very well even today. The chariot race and the final crucifixion scene rival anything to ever come out of Hollywood in terms of scope, atmosphere and intensity and even if parts of it now seem cliché it's only because the movie was and is so popular that it's become part of our pop culture.
NOTE: It is the longer version of the film contained on this DVD, and as such, it runs an extra ten minutes longer than some previous releases of the film (this cut is 222 minutes - other cuts have been 212). Because of the length of the film, in order to keep the bit rate moving along at a decent pace and to optimize video quality, Warner Brothers has released Ben-Hur on two DVDs. These are two separate single sided double layered discs for the film, not one double sided flipper. The other two discs in this four disc set are for the extras, but more on that later…
The DVD
First things first – watch this movie on the biggest set you have available if at all possible, as the film is presented in an amazingly wide 2.75.1 anamophic widescreen presentation to preserve the compositions in the best way possible. If you watch this on a smaller set, you'll miss a lot of the fine detail and you won't get as much out of the film. Ben-Hur is definitely a case where bigger is most certainly better.
As far as print damage goes, there's really nothing to complain about. If you stare hard enough you'll notice a speck or a spot here and there but almost all the print damage has been cleaned up and eliminated from this restored picture. There is some noticeable film grain, but it's never too heavy or even the least bit distracting. Warner Brothers has done an exceptionally good job of cleaning this one up. The last DVD release looked very good, but this one looks even better.
This new transfer is nice and sharp and it offers plenty of foreground and background detail in the picture. Colors are strong and vibrant and everything in the image is very well defined and nice and crisp looking right down to the smallest background items in the film. There aren't any but the most minute instances of line shimmering and edge enhancement detectable on the transfer and you're really going to have to look hard to notice any flaws in this exceptionally strong image. There are no problems at all with mpeg compression artifacts, and the black levels are pretty much perfect from start to finish. Skin tones look life like and very natural, not too pink or orange, and the reds – which can sometimes look too harsh or bleed – come through perfectly and are nice and bright. Very little if any detail gets lost in the shadows of the darker scenes in the film, and contrast levels are set nicely.
Again, this is a top notch presentation. The English language Dolby Digital 5.1 Surround Sound track does a fine job of representing the original Stereo mix across a broader playing field without messing everything up. What we basically have here is a Stereo mix with some atmospheric effects and the score making skillful use of the rear channels. Pretty much all of the dialogue comes at you from the two channel front end setup, using the center for certain parts of the film to carry the dialogue from the left to the right accurately. The end result is, considering the age of the film, pretty impressive. The surround channels are used sparingly throughout most of the film but they really only flare up when the movie calls for it, such as the chariot race of the finale with the storm. It's here that you'll really notice the directional effects and the lower end subwoofer action.
Dialogue comes through clean and clear and you're not going to have any problems at all following the characters and their dialogue as the movie plays out. Sounds effects are also clear and the score sounds fantastic. Optional subtitles are available on this disc in English, French and Spanish. An alternate French language dub has also been included.
Alright, inside the housing are four discs, each containing extra content. For the sake of coherence, I'm going to start with the first disc and evaluate the extras as they play out, then move on to the second, third and fourth discs in the set.
Seeing as the feature itself is spread over two discs, it makes sense that the extra features that pertain specifically to the movie itself would also be spread out with it, and that's how it is on this release - supplements on these two discs are limited to two alternate audio tracks, the first of which is a commentary, and the second of which is the isolated film score.
The commentary track is provided by T. Gene Hatcher, a film historian and author, with selected scene specific comments provided by the star of the film, Charlton Heston. The two participants were recorded separately from one another, with Heston's comments covering roughly a quarter to a third of the film and Hatcher's filling up the rest. This makes for a very interesting track that does a nice job of providing the anecdotal with the academic and between the two of them, they provide a wealth of information. Heston's memory was pretty sharp when this was recorded and he's got a lot to say about the time he spent on the set as he goes into a lot of detail about some of his co-stars and how their relationships were, as well as how he feels about how the movie turned out in contrast to his experiences while making it. He of course has a lot to say about the chariot race sequence and the final crucifixion scene and having the chance to listen to the film that he had such a huge part in making a classic is a joy. Hatcher does an excellent job of filling in the rest of the track, as he's got a ton of technical and factual information about the movie to offer as well. He details shot set ups, set design, casting decisions, and biographical information about the director and the stars. He talks about the novel by Lew Wallace that the film was based on and how it differs from the film and he gives us plenty of interesting historical trivia notes and background details that really add to the appreciation one has for the film. There is very little dead air or blank spaces in this track. It's edited together very well and Heston and Hatcher do a fine job of complementing the material that the other has to offer, resulting in an excellent commentary track that essentially provides us with a crash course in the history of this important film.
The alternate track including the film's score by Miklos Rozsa is a nice touch. The film really benefits from a few truly powerful musical pieces and having the chance to listen to them sans dialogue is a treat as they're just as emotive and strong without the action playing out over top as they are with the added dialogue and sound effects.
The solitary supplement on the third disc in the set comes in the form of the 1925 version of Ben-Hur. This black and white silent film runs for over a hundred and forty minutes and while it isn't as entertaining as the later version is, it's technically very impressive and Warner's decision to include it on this release should be commended as it makes for a very interesting comparison to the Heston version of the story. Interestingly enough, this version used forty eight cameras to film the sea battle sequence, a record for the time, and the results are pretty amazing and much more intense in this version of the scene than in the color version. Fred Niblo's direction is stylish and much more visually accomplished than many films of this era and he makes excellent use of the stark black and white canvas and through some clever cinematography makes his film a very unique looking picture. The chariot race sequence is also incredibly well done in this version, with some very cool camera angels such as the one where you see the carts race past you from the ground's view making for an interesting watch. Ramon Novarro makes for a likeable hero while Francis Bushman is a burly and intense Messala. Though the lead role lacks the charisma and attitude that Heston brought to his performance, this is still a fine film with fine performances and it's presence on DVD is very welcome.
First up on this disc is the 1993 documentary, The Making Of Ben-Hur. Running a brisk fifty eight minutes in length, this featurette provides a detailed look behind the scenes at the making of a classic. Christopher Plummer's narration adds an air of class to the proceedings as we voyage back to fifties through plenty of behind the scenes photographs, behind the scenes footage and interview with those who were there. This documentary also does a very good job of detailing the origins of the story, how it made the transition from book to stage play to silent film and then finally to the 1959 spectacular we all know now. Pretty much everything you've ever wanted to know about the many incarnations of Ben-Hur is covered in this segment and it makes for a very interesting watch that complements the feature attraction very nicely.
A second documentary, also clocking in at roughly fifty eight minutes in length, is provided entitled Ben-Hur: The Epic That Changed Cinema. This brand new featurette features comments and interview clips with director William Wyler, lead actor Charlton Heston, producer Arnon Milchen, fans and fellow directors like Ridley Scott and George Lucas (both of whom state Ben-Hur as a big influence on their own careers), as well as others involved in the production such as two cinematographers, costume designers, an editor and even Michael Douglas who pops in for a minute or so. The focus of this documentary isn't the making of the movie like it was in the first one but more how the film changed Hollywood and film making in general. Those interviewed discuss how the film changed or affected their careers or how it influenced them personally and this documentary does a nice job of exploring what made the 1959 version of Ben-Hur so good – the sets, the performances, the direction, the editing, the cinematography, the score and the costumes. A lot of this might come off as kissing up to the filmmakers but there's a sincerity behind it all that overrides a lot of that and it's interesting to see just how many people hold this film in such high regard and even more interesting to find out just why they do.
Up next is Ben-Hur: A Journey Through Pictures which is essentially a glorified still gallery, albeit a very nice one. Clocking in at just over five minutes in length and presented in slideshow format, we're treated to publicity stills, behind the scenes pictures, conceptual artwork and some interesting promotional artwork as well, all set to music and audio clips from the film itself playing out over top of the images.
After that, there are a wealth of Screen Tests included. While we did see some of this material in the first documentary on this disc, this section presents the tests in their complete form. It's interesting to see the various actors included in here and to imagine what the film would have been like had one of the alternates been cast instead of the performers we're all so familiar with. Included in this section are: Cesare Denova playing the role of Ben-Hur, Leslie Nielson as Messala, Yale Wexler as Judah, George Baker as Ben-Hur, and William Russell as Messala.
Six Newsreel Clips run roughly nine minutes and they document the film's premiere in a few major cities such as New York, Los Angeles and Tokyo. The film's landslide victory at the Academy Awards is also covered, as is some footage of Charlton Heston greeting attendees at a couple of different screenings. None of these clips are all that revelatory, but they are a fun look back at the movie when it was a brand new phenomena, and not a renowned classic as it is now.
Rounding out the video supplements is a Highlight Reel From The 1960 Academy Awards where the film took home a wealth of gold statues that night. There are a few spots where the sound goes bad and those segments play out silently but the bulk of the almost ten minutes of footage contained in this segment plays out just fine with proper sound. While the newsreel clip shows some of this material, it doesn't show nearly as much as is contained herein and this is a nice look back at how the Oscars were over forty years ago.
A selection of five different trailers for the film rounds out the extra features on the disc. Inside the packaging is a fancy thirty six page full color booklet that contains a reproduction of the film's original program that was available during its original theatrical run that contains some nice promotional photographs as well as the complete cast and crew listing for the movie.
This four disc special edition of Ben-Hur combines nearly flawless video quality with an excellent audio mix and scores of interesting and well put together extra features. The presentation is amazing and the overall package is a fantastic tribute to a truly epic film that has stood the test of time very well. This one gets high marks all the way around and has earned itself the DVD Talk Collector's Series seal of approval!
Ian lives in NYC with his wife where he writes for DVD Talk, runs Rock! Shock! Pop!. He likes NYC a lot, even if it is expensive and loud.


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Product photography and illustrations have been reproduced as accurately as print and web technologies permit. To ensure highest satisfaction, we suggest you view an actual sample from your dealer for best color, wood grain and finish representation.
Cliff's mid gray undertones lend an approachable earthiness to Cherry wood, offering an on trend neutral gray cabinet finish that is anything but dull.