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HA NOI – The Small and Medium Sized Enterprises (SMEs) Networking and Mentoring Programme, funded by the US Department of State, kicked off yesterday in the capital.
The US$40,000 programme aims to contribute to Viet Nam's sustainable development by helping 52 selected SMEs from across the country deal with tough challenges such as economic depression, gain up-to-date business know-how and hear about lessons learned from well-known Vietnamese mentors who are business leaders, economists and economic advisors.
"Accounting for nearly 95 per cent of the country's total, young small and medium sized enterprises play an important role in Viet Nam's development which should be of great concern to the nation," said Dr Vo Tri Thanh, vice director of the Central Institute of Economic Management (CIEM).
Hoang Le Vinh, the founder of the programme, said the SME pilot would help young enterprises by putting them into small working groups, a new approach to mentoring programmes in Viet Nam. In their groups, the SMEs will have the opportunity to share experiences and debate with each other. Their mentors will also help them thoroughly understand the challenges they face.
The project is expected to help train qualified human resources with excellent knowledge and skills to aid the country's development.
Meetings will be held monthly in Ha Noi and HCM City with various activities such as discussions about enterprise improvement plans, workshops and other topics. – VNS


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No Free Reading: Joseph Havel at Tally Dunn
The gravity and grandeur that one expects from the "classical" in art can't be introduced into the contemporary without its debilitating sidekick, bathos. We all know that. But where does this leave the artist?
No Free Reading: Annabel Daou at Conduit Gallery
Daou just manages to steer clear of the saccharine, a quality that stalks elegance in general.
Baggage: "Shoppers" for a Conversational Feast at RE Gallery
The resemblance of the bags to "shoppers" raises questions such as who's shopping, for what, what's being shopped?
From Here to Afternoon
The current show at the MFAH's Glassell School isn't all Political Economy 101.
From DIY to DIT: A Micro History and Possible Future for the Dallas Art Scene
The recession brought to the city a concentration of young, energetic, like-minded creatives. Now, how do we keep them here?
The Dallas Pavilion: Photos in Venice and the Real Thing at Home
Well, the Venice Biennale is getting started now and, among other exhibitions, visitors will get to peruse 40-odd national pavilions showcasing artists chosen to represent...Read More
Socialized Contemporary Artists Bureau (S.C.A.B.)
The Socialized Contemporary Artists Bureau (S.C.A.B.) sounds a bit bureaucratic, but this is part of the ironic mirror play and table turning that undergirds this...Read More
CAA Part I: Conference Highlights
My grumble with College Art Association conferences is that historically the programming primarily targets art historians. Last year's New York conference was a notable exception...Read More
Dallas' institutional brotherhood weighs in on Dallas' art scene at DMA State of the Arts
Last night, the DMA hosted its latest State of the Arts panel, on the topic of contemporary art in Dallas. The panel was made up...Read More
The Guerilla Curators
This last April I attended a curators' symposium in Austin during the Texas Biennial. It was a day-long series of panel discussions and presentations hosted...Read More

subset: commoncrawl


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I posted this mezuzah on Facebook a couple days ago. I thought it was strange and funny and an interesting commentary on modern Judaism. Only a couple of people responded, which I assume is probably thanks to no one knowing what a mezuzah is, and very few people realizing I'm taking a class in Judaism and have started the conversion process (Reform). Oh hi, there, I guess that's out of the bag. I'm converting.
My friend turned around and posted it on her page, and she got just the best comments, which were hilarious:
Shalom Kitty!
Seriously? And what kind of scroll goes inside?
Response: The Torah translated in to Japanese. Of course.
No. And I'm Episcopalian.
1) at least it's not Spongebob? 2) googled "hello kitty rosary" and was not disappointed.
It completes me.
There is obviously a forthcoming essay about why I have chosen to do this at the age of 43, but I'm not ready for that yet. No, I'm not marrying a Jewish person. Greg and the kids aren't interested in this path. They're very supportive of me, and that's been lovely, but this is my road to follow.
The important points now are: it's happening, it will probably take a year or two for the process to be complete, and along the way, I'll likely be writing about things I'm learning. Or referencing Judaism. So that this doesn't seem odd or weirdly out of context, I'm officially giving the context.
Oh! And in case you're wondering: a mezuzah is a little box/case that you'll sometimes find affixed to the doorposts of Jewish homes. Not every Jew does this, obviously – one of my favorite things that I'm learning is that not every Jew does anything – but many do, and the purpose is to house a small scroll written with two passages from Deuteronomy. It fulfills a mitzvah, a commandment, and it's also thought to protect from evil. There's a tradition to touch it as you enter the room and then kiss your hand. It's a beautiful tradition. You can read more here if you want – that's a Reform take on it, there are lots of others. Google "mezuzah meaning" if you care to delve deep.
The Hello Kitty mezuzah made me laugh. I probably wouldn't have one at my front door, but I'd think about it for another room. Hello Kitty was "born" the same year I was, 1974, and I've loved her since I was a little kid. I still have the spiral Hello Kitty journal I wrote in when I was nine years old. I'm pretty sure someone has written a Ph.D. thesis on the deep cultural symbolism of why she doesn't have a mouth exhibiting a recognizable expression – I joke she's chewing something. I like mixing sacredness with humor.


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Frontier Airlines is having a sale for travel Aug 21 to Nov 7, with lowest fares Tue/Wed/Sat for US/Canada travel and Mon-Thu for Mexico travel.
These fares are decent but not astounding, and other airlines have matched.
- Memphis to Orlando $118 RT (Frontier, a Denver-based airline, flies the route nonstop, which surprised us)
- St. Louis to Phoenix $168 RT (but wait! Frontier has a lower fare for $159 RT travel any day of the week through Nov 14--just one of those quirky things)
- and Jacksonville/Denver for $199 RT, which every airline offers but only Frontier services nonstop.
This sale ends midnight MT on July 27.
More from Airfarewatchdog:


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The Financial Industry Regulatory Authority has censured Citigroup Global Markets after finding the financial services firm failed to report transactions promptly to its Trade Reporting and Compliance Engine.
Citgroup was fined $400,000 and ordered to pay $10,000 in restitution to customers. Citigroup neither admitted nor denied FINRA's case. Citigroup did not respond to Securities Technology Monitor requests for further comment.
FINRA found Citigroup purchased municipal securities for its own account from a customer, which it did not name, and sold municipal securities for its own account to a customer at a price that was not fair and reasonable; and, failed to report report the correct symbol indicating whether transactions were a buy, sell, sell short or cross for reportable securities transactions.
FINRA also determined that Citigroup failed to immediately display customer limit orders in NASDAQ securities in its public quotationor when the order was priced equal to the firm's bid or offer and the national best bid or offer for each such security, and the size of the order represented more than a de minimis change in relation to the size associated with the firm's bid or offer in each such security.
Moreover, FINRA found that the firm failed to transmit Reportable Order Events to the Order Audit Trail System (OATS). In addition, some reports contained incorrect destination codes and ailed to adjust the price or shares in orders by amounts of dividends, payments or other distributions.
Without admitting or denying the findings, Citigroup consented to the described sanctions and to the entry of findings that it failed to report transactions in TRACE-eligible securities to TRACE within 15 minutes of execution time.
The orders that were not promptly reported to TRACE from 2006 to 2008, according to FINRA's case, reported in its December summary of disciplinary actions newly published.
In other disciplinary actions reported by FINRA:
* Keybanc Capital Markets of Cleveland, Ohio was censured and fined $100,000 for "unresolved differences" in its books, after it switched to a new back-office system.
Without admitting or denying the findings, FINRA said the firm consented to findings that some of the firm's wash accounts and suspense accounts experienced "significant posting problems after the conversion"; a number of transactions were posted to multiple wash accounts in error, resulting in reconciling items in the accounts that the firm was not able to pair off. Keybanc also was not taking "appropriate charges for net capital and customer reserve computations" as a result.
* Tyler McKittrick Eddy, a registered representative in New York City, was fined $200,000 and suspended from association with any FINRA member in any capacity for one month. Without admitting or denying the findings, Eddy consented to the entry of findings that he engaged in improper communications with other inter-dealer brokers about proposed reductions in credit default swaps dealers' brokerage fees. The suspension ran from November 15 through December 14.
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Proceeds from the ads below will be donated to the Bob Wuesthoff scholarship fund.
Wednesday, December 08, 2010
Red Sox Sign Carl Crawford
The Times among other venues is reporting that Carl Crawford has signed with the Red Sox for 7 years/$142M. If that's the cost of doing business with Crawford, the Angels made the right move in letting him slide.
Instant Twitter reactions:
Obviously Torii Hunter isn't much of a recruiter. #angels #carlcrawford #failThe Register's Sam Miller:
Poor Torii Hunter, failed to recruit another one. It's almost like these guys would rather have an extra $20 million than do a buddy a solidAnd most brutally, Jay Jaffe:
That's bringing a spork to a knife fight. RT @BloggingBombers: source: Angels offered Crawford seven-year deal worth $108 million.Update: Craig Calcaterra thinks that Cliff Lee is about to get a seven-year deal from the Yanks, Texas will learn to do without, and other useful pieces of intelligence about the hot stove chessboard.
Labels: angels, hot stove, red sox, transactions
Newer› ‹Older


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Tuscaloosa, Ala. (WHNT) - Alabama wide receiver Christion Jones already learned how to be a punt returner. This Spring, coaches have also taught him how to be a cornerback. At A-Day, he had a couple of tackles defensively and 55 receiving yards offensively. Still, Nick Saban says he likely wants to keep him at wide receiver.
"I don't want him to think he needs to prepare to play on both sides of the ball but it will be nice to know he knows how to play corner and he learned how to play corner this Spring, so if we need him to play it, he can play it," said Nick Saban, Alabama head coach.
Jones already knows how to play three positions but if he had to learn a fourth, he says he would want to be a quarterback.


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This week sees the return of flat racing.
After a difficult Cheltenham, I quite welcome it. Stakes will be kept to a minimum at first but as a betting medium, I find the level easier. Looking forward to some top quality action this year - hope to go to as many summer meetings as possible.
Wolverhampton (Thursday)
12 hours ago


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HIS698 Media/Technology Project
Lead Faculty: Dr. Alexander Zukas
Course DescriptionTwo-month-long course. Required of all non-thesis history M.A. students as their last course. Culminates in the creation of a substantial, original multimedia website on a historical topic of personal interest involving the critical evaluation of primary sources and relevant secondary materials and interpretations and the writing of a well-developed commentary. Grading is on a H, S, or U basis only. Course if IP grade eligible.
Learning Outcomes
- Situate their M.A. research project within the relevant literature on history and on media/website presentations.
- Formulate the original contribution their project will make to historical studies and media/website presentations of historical research such as digital storytelling.
- Complete the media/website presentation of their research findings successfully.
- Adhere to submission guidelines for presentations at professional historical and media conferences and for publication in scholarly and professional print journals, e-journals, and websites.


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|Message view
|« Date » · « Thread »
|« Date » · « Thread »
|"Ilya Okomin (JIRA)" <j...@apache.org>
|[jira] Updated: (HARMONY-2334) [tools][jmx_console] jmx_console doesn't show "plus" for complex attributes on Linux.
|Mon, 27 Nov 2006 13:51:22 GMT
[ http://issues.apache.org/jira/browse/HARMONY-2334?page=all ] Ilya Okomin updated HARMONY-2334: --------------------------------- Attachment: mbeans.PNG screenshot > [tools][jmx_console] jmx_console doesn't show "plus" for complex attributes on Linux. > ------------------------------------------------------------------------------------- > > Key: HARMONY-2334 > URL: http://issues.apache.org/jira/browse/HARMONY-2334 > Project: Harmony > Issue Type: Bug > Environment: SuSe Linux, Enterprise Server 9 > Reporter: Ilya Okomin > Priority: Minor > Attachments: mbeans.PNG > > > jmx_console doesn't show plus char for complex attributes on Linux as it does for Windows. For details see screen shot. > Scenario to reproduce: > 1.Start jmx_console on RI vm. > 2.Connect to Local vm > 3.Choose any attribute with complex values (array or several strings, more than one) e.g. SystemProperties[TabularData] attribute of java.lang:type=Runtime mbean. > Result: > Button to unroll complex value shows '.' char instead of '+', and has nothig when it is in the enroll state. > Expected result: > Button to unroll complex value should have '+' char and when it is in the enroll state it should show '-' char. For exapmles see Windows implementation. -- This message is automatically generated by JIRA. - If you think it was sent incorrectly contact one of the administrators: http://issues.apache.org/jira/secure/Administrators.jspa - For more information on JIRA, see: http://www.atlassian.com/software/jira
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Medicare auditors becoming more active, denying more claims, survey shows
Requests for medical records by Medicare's fraud-detecting recovery audit contractors (RACs) jumped sharply from the first- to the second-quarter of fiscal year 2012, a new survey reveals.
RACs, which are contracted by the Centers for Medicare & Medicaid Services to detect healthcare fraud and recover Medicare and Medicaid overpayments from providers, requested 546,000 medical records in the second quarter of 2012. That's a 22% increase over the 448,000 the previous quarter, according to a survey conducted by the American Hospital Association.
Providers also experienced in increase in the denial of claims, both automated and complex over that same time, AHA survey results showed.
Automated RAC denials include billing or coding errors — such as the absence of documentation in a claim. A complex denial is based on human review of medical records.
The survey found that more than half of the providers surveyed had spent $10,000 to oversee the audit process, and 9% spent over $100,000 on it.
RACs have come under fire from lawmakers and provider groups for giving undue scrutiny to therapy claims and fanning hostility between regulators and providers. In March, CMS gave RACs the authority to request twice as many health records from skilled nursing facilities as they were previously allowed to.
Click here to read the AHA survey.


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The stars hit the red carpet for this year's Royal Television Society Programme Awards (we're calling them the RTS Awards from now on to stop our fingers from getting the quite similar-sounding RSI).
And as great as they all look, we can't take our eyes off Sheridan Smith. Has somebody been hitting the gym? Sheridan is looking super-hot.
The 31-year-old Gavin and Stacey star is up for Best Actress for her performance as Charmian, wife of the Great Train Robber Ronnie, in ITV's five-part series Mrs Biggs. But she faces stiff competition from Accused II stars Anne Marie Duff and Olivia Colman. Check all the lovely celebs out in the gallery below:
Other beauties braving the chilly March air to hit the red carpet included Corrie star Kym Marsh, Melanie Sykes and cheeky duo Ant and Dec.
The BBC scooped 44 of the available 75 nominations, with nods going to Line of Duty, Sherlock and Call the Midwife who'll all be fighting it out for the drama series prize.
The Beeb is also up for gongs for their Olympics coverage and for London 2012 presenter (and national treasure) Clare Balding.
This year's RTS programme awards will be hosted by comedian and Splash! judge Jo Brand at the Grosvenor House Hotel in London. We don't think Splash! is nominated however, which is clearly some sort of administrative oversight.
AND THE WINNERS ARE! Here are some of the night's big winners:
Actress: Olivia Colman - Accused II (BBC1)
Actor: Sean Bean - Accused II (BBC1)
Comedy performance: Jessica Hynes - Twenty Twelve (BBC2)
Drama serial: Good Cop (BBC1)
Drama series: Sherlock (BBC1)
Soap and continuing drama: Coronation Street (ITV)
Entertainment: Celebrity Juice (ITV2)
Entertainment performance: Ant McPartlin and Dec Donnelly - I'm A Celebrity ... Get Me Out Of Here! (ITV)
International: Girls (Sky Atlantic)
Live event: London Olympics 2012 (BBC)
Presenter: Clare Balding - The Olympics (BBC)
Judges' award - Danny Boyle


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I don't know how this works nor how bands are selected to play at Americade but in the interest of Americade I'd like to recommend one from personal experience.
The Long Island Maritime Museum (http://www.limaritime.org/index.html) is having its annual seafood festival this weekend which I attended yesterday. Aside from the attractions at the museum itself, the usual vendor fair, and, of course, the seafood offerings, was this live band. They were amazing.
The band is called The 45rpm Band (https://www.the45rpmband.com) which played classic memorable rock titles of the 60s, 70s, and 80s which had everyone dancing, swaying, and singing all day whether they were young or Baby Boomer and beyond, standing or laying on the grass. They had a great repertoire and rendering of songs. They have amazing energy and just kept going with hits after hits. The crowds loved them.
I don't know this band. I don't know the members. I'm just saying they were a hit with me. I think Americaders will like the performance of this band. So, here they are for Americade consideration.
My two cents.


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By Katie Fehlinger
PHILADELPHIA (CBS) — Talk about a shock to the system!
Our potent Spring storm has thankfully retreated out to sea, and now we're back in a chill more typical of late February. Despite bright sunshine Wednesday, daytime highs climb to the low 50's at best with colder wind chills as a persistent northwesterly breeze hangs on.
That same clear sky actually works against us Wednesday night. Without the natural insulation of any cloud cover, overnight lows bottom out easily to near or below freezing, prompting Freeze Watches to take effect later Wednesday night for most of us. So same rules apply! Cover your sensitive Spring flowers or bring them inside.
High pressure is now in control, however. So, the weather stays pretty quiet the rest of this work week and temperatures will have a chance to slowly rebound over time.
Easter weekend looks generally tranquil as well! There's still a chance for a shower Saturday, however Easter Sunday should be pleasant with more sun. We'll warm up to the more seasonable low-mid 60's both weekend days.
In the meantime, have your winter coat ready!


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Archive for the 'Wunderlist' tag
Apps Worth Some Daps
Summertime is always a great time to try new things so why not test out a few new apps? Featured in this post are some to make your life easier, more active and adventurous.
Need to break the mold from your local watering hole, standard first date spot or repetitive weekend attractions? Sosh helps you embrace adventure through its social discovery platform, available for iPhone and the web. Akin to a personalized concierge service, it allows you to browse, bookmark and select from things to do: hip new bars, snazzy restaurants, live music, outdoor recreational activities and more.
With ride-sharing (Uber, Halo, Lyft) and bike-sharing (Divvy Bike, Citi Bike) on the rise, there's no shortage of transportation options to go along with the old commute via car or public transit. Ridescout (for iPhone and Android) gets you from "point A to point B faster and smarter" – consolidating all your travel options in one view. Simply enter where you are and where you're going, and you'll get a map rendered with time to travel, cost and even calories burned if you walk.
Blending personal and business use, Wunderlist helps organize your life. Perfect for shopping and grocery lists, long-term travel plans or in-office collaboration, the app syncs across all your devices and keeps you on tasks. Planning a wedding this summer? Wunderlist might be for you (and the wedding planner).
Turns out that working out doesn't need to be especially rigorous or time-consuming. Everyone can spare just 7 minutes to get that heart rate going before heading into the office or out for the day. This iPhone app features 10 easy-to-do exercises sans equipment or a ton of physical space. You'll be done before you can say "TPS Reports." Upgrade for $.99 to a "pro" version to mix up the sequence and add new features.


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Jonathan Bender didn't choose to wear No. 9 because he was making a Roy Hobbs-like comeback, but he might as well have.
Bender scored 11 points in the Knicks' 98-94 victory over the Bobcats last night at the Garden, and in two games — both victories — since returning from a four-year absence, he has hit all four of his 3-point shots and is averaging 34.2 points per 48 minutes.
Hobbs, the lead character in the fictional film The Natural, returned to baseball after a 16-year absence, donned No. 9 and brought a lifeless team back to prominence. The Knicks began their current hot streak before Bender was signed, but his impressive return has given the team a needed boost nonetheless.
Bender entered the game with 3:20 remaining in the first quarter and turned over the ball twice before hitting a 3-pointer from the left wing that gave the Knicks a 16-14 lead and elicited a cheer from the 18,767 fans.
Bender finished 3-for-4 from the floor and 3-for-3 from downtown, but committed three turnovers in 14 minutes.
"[My jump shot] was the only thing really working for me," the 28-year-old Bender said. "I couldn't get to the boards, had a few turnovers I was disappointed about. At least the jumper was working."
Bender, a 7-footer with guard skills, has been known as a good shooter since he was drafted out of Picayune High School in Mississippi in 1999, but his perfect numbers from long-range was not expected.
"He gives us a big positive," coach Mike D'Antoni said.
D'Antoni has spoken highly of Bender since he signed, and any skepticism that surrounded the coach's optimism is vanishing with each 3-pointer Bender sinks.
Bender's best quality might be his high basketball IQ, which has allowed him to merge seamlessly into D'Antoni's system.
Bender and D'Antoni see even better things to come as Bender's stamina and comfort level improve.
"I don't think I'm there yet," Bender said. "Everybody can shoot, so I try to go with the flow, fit right in."
Said D'Antoni: "It's a testament to him. He hit a couple big 3's. I really want to see him get his legs and put the ball on the floor. He can post up, too."
Hobbs lead his team to the pennant. Bender would be happy just to help the Knicks maintain their current hot streak, which has seen them win seven of their last 10 to improve to 10-17 and move within one game of the eighth playoff spot in the Eastern Conference.
"When we get to driving the ball and really taking it to the rim, I think we're real, real effective," Bender said. "I think everything will be good going forward."


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Jamie Benn of the Dallas Stars, who had an appendectomy on January 15, won the accuracy shooting challenge at the NHL SuperSkills competition.
Shooting for Team Chara, he had the fastest score in the qualifying round with a time of 13.583 seconds.
He then beat Matt Read of Philadelphia in the final round with a time of 10.204.
In the opening round, the rookies saw Read beat out Cody Hodgson of Vancouver, 14.011-20.989.
Jason Spezza from Ottawa scored a point for Team Alfredsson with a time of 18.639 to beat out Tyler Seguin of Boston, who had a time of 30.092.
Benn beat out Steven Stamkos of Tampa Bay, who did the worst with a time of 44.684.
The last round saw Marian Hossa of Chicago shoot out all four targets in 15.846 while Daniel Sedin of Vancouver did it in 21.459.
After three rounds, the score is tied 6-6.


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Roar Boudoir is the premier Cincinnati boudoir photography studio. We are located in the heart of Pleasant Ridge. Roar Boudoir is here to celebrate and empower people of all body shapes, sizes, and color through the art of Boudoir photography. Whether you're interested in a session for a gift to a special someone or to celebrate your wonderful body we're here to help!
Roar Boudoir's all female staff.
Anna and Paige have been friends for a long time, and photographers even longer. They've worked together on several different photography shoots with great success. We both, as women, understand the difficult relationship many of us can have with our bodies. We'd love to be able to show you how beautiful and strong you really are!
Destiny Ropati is here to make you feel absolutely amazing and beautiful on your special day. A graduate of Paul Mitchell beauty school-Destiny has been working with Roar Boudoir since it's inception. She loves seeing client's confidence grow as the shoot progresses, and especially how happy they are once they receive their finished images!
Becci Jahn attended Hasso von Hugo in Berlin Germany and missed the wonderful Cincinnati so much she came and worked with Dior, Bobby Brown and Mac. She loves making the clients at Roar Boudoir feel beautiful. The shoots are always so full of energy and the Clients leave feeling so confident!
The Roar Boudoir Experience
Contact us to help book your session. Once a contract is signed and a retainer of 25% is paid you will be considered booked. All of our contracts can be signed digitally. Our invoices can also be paid online. We like to make our booking process as simple as possible.
We want to take the extra time to get to know you. We normally have at least two days a week for studio open houses. If you'd like you can come check out the space, meet us in person, and discuss your session at that time. We'll also send you information after you book about what kind of lingerie would work best for your session. We've got great tips on places to buy beautiful pieces that are within your budget. We'll make sure you prepared for your shoot!
The day will come, and you won't need to worry about a thing. With our in house stylist you'll be able to practically roll out of bed and arrive ready to be pampered. We walk you through all of our tried and true tips on posing, and how to get the look you want for your photos. We've learned so much from photographing hundreds of bodies of every size, shape, and color. We'll be able to make you shine!
After we've editing all your amazing photos we'll set up a time for meet for your photo reveal! All your breathtaking images will be on our wall when you arrive at the studio. You'll be able to truly appreciate your beauty. We love the reactions from our clients, many of whom are seeing truly seeing their exquisiteness for the first time. We're here for you whether you need to cry tears of joy, jump up and down with excitement or just be wowed by the beauty that is you!
Recent Blog Posts
Roar Boudoir
6113 Ridge Road
Cincinnati, OH 45213
(Call or text us)
Hours by appointment only.
For open studio hours check facebook!
Street parking available. Metered spots on Montgomery road, and free spots along most sides streets.


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We welcome you to our Site and we invite you to use it within the limitations of the following rules:
- You may use the Site, Content and Software solely as and for the purposes stated on the Site and as described in this UA.
- You may make one copy of relevant Content for your non-commercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Beyond that, no text, logo, graphic, sound, image, video, photograph or Software published on or underlying the Site may be copied, modified, published or otherwise distributed or used without the prior express written permission of Kopernik.
- Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, hyperlink to, promote, frame, download cache, store for subsequent use, create derivative works from, transfer, or sell any information or Content displayed on or obtained from the Site, in any manner, without your receipt of the prior written authorization of Kopernik.
- You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software underlying the Site to a human perceivable form.
- You may not engage in spidering, "screen scraping," "database scraping," harvesting of content, e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users or other information from or through the Site, including, without limitation, any information residing on any server or database connected to the Site. Notwithstanding anything to the contrary, Kopernik grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available search indices of the materials, but not caches or archives of such materials. Otherwise, any copying, aggregation, display, distribution, performance or derivative use of any Content posted on the Site whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is strictly prohibited.
The information on the Site, the design and layout of the Site, the Content and Software contain elements protected by trade dress, trademark copyright, patent or other laws, and may not be copied or imitated in whole or in part, except as specifically stated on the Site or in this UA. All Content, Software and materials on and underlying the Site are licensed or otherwise used by Kopernik with permission. Except where noted otherwise, all rights to these materials are reserved by Kopernik or their respective owners. Individuals appearing on the Site do so with permission; names and photographs of individuals may not be copied, downloaded or otherwise used.
All Site Content and functionality, and all Software underlying the Site, may be changed or updated by us from time to time, without notice. Although Kopernik cannot monitor the conduct of users of the Site, it is a violation of this UA to use the Site or any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any person featured on the Site. Any unauthorized use of the Site, the Content or Software may violate copyright laws, the laws of privacy and publicity, and applicable regulations and statutes.
5. Kopernik's Reservation of Rights
Kopernik retains the absolute right to determine the Content, appearance, design, functionality and all other aspects of the Site and the services offered via the Site (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Site and the services and any element, aspect, portion or feature thereof, from time to time), and to delay or suspend listing of, or to refuse to list, or to de-list, or to exclude a Donor, technology producer or local partner from donating or submitting any or all technology products or projects in our sole discretion. We may in our sole discretion withhold for investigation, refuse to process, restrict shipping destinations for, stop and/or cancel any of your transactions.
6. Technology Product Display/Colors
The Kopernik site attempts to display technology product images shown on the Site as accurately as possible. However, we cannot guarantee that the color you see matches the technology product color, as the display of the color depends, in part, upon the monitor you are using.
7. Errors on Our Site
Prices and availability of technology products are subject to change without notice. Errors will be corrected where discovered, and Kopernik reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after a project proposal has been submitted.
8. Disclaimers.
We make reasonable efforts to provide a Site that is safe and accurate, but can make no warranties. Kopernik retains the right to restrict use of the Site, in any manner it deems appropriate.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITE, THE CONTENT AND SOFTWARE IS AT YOUR SOLE RISK. ALL CONTENT AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KOPERNIK EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT UNDER ANY APPLICABLE LAWS. KOPERNIK MAKES NO WARRANTY OR REPRESENTATIONS OF ANY KIND (i) ABOUT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE SITE OR THE TECHNOLOGY PRODUCTS OR PROJECTS OFFERED ON THE SITE; (ii) THAT THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE; (iii) THAT THE CONTENT, PROJECTS OR TECHNOLOGY PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY THEIR RESPECTIVE PRODUCERS, AVAILABLE FOR SALE OR READY FOR IMPLEMENTATION AT THE TIME OF DISPLAY ON THE SITE, LAWFUL TO SELL OR IMPLEMENT, OR THAT THE TECHNOLOGY PRODUCERS OR LOCAL PARTNERS WILL PERFORM AS PROMISED; (iv) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT, SOFTWARE, TECHNOLOGY PRODUCTS OR SERVICES OFFERED ON THE SITE WILL BE RELIABLE; (v) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; and (vi) ABOUT ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF KOPERNIK. FURTHER, KOPERNIK MAKES NO REPRESENTATION THAT CONTENT, TECHNOLOGY PRODUCTS OR SERVICES PROVIDED ON THE SITE IS APPLICABLE TO, OR APPROPRIATE FOR USE IN, LOCATIONS OUTSIDE OF THE UNITED STATES. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, KOPERNIK DISCLAIMS ANY AND ALL SUCH WARRANTIES.
9. Limitation of Liability.
10. General Release
11. Third Party Website.
The Site may provide links to other websites (any such website a "Linked Site") as a convenience to you. Such Linked Sites are not maintained by Kopernik, thus Kopernik is not responsible for the content, technology products, services or policies or activities of those Linked Site. The inclusion of any link to such Linked Site does not imply endorsement by Kopernik of the Linked Site.
12. Third Party Website Seeking to Hyperlink to the Site.
We welcome appropriate hyperlinks to our Site. By publishing a hyperlink to our Site on your website, you warrant that the content of your website is appropriate and consistent with the stated purposes of the Site and Kopernik. If this is not the case, please do not link to any Site. Kopernik reserves the right to rescind the right to link to its Site at its sole discretion.
Use of any Kopernik service mark or other intellectual property or content provided by Kopernik for a hyperlink to a Site is permitted and licensed by Kopernik solely for the purposes described on the Site, and you shall not otherwise copy, modify, publish, use or distribute such trademarks, service marks or other intellectual property or content. Upon request by Kopernik, you shall immediately remove any hyperlink to the Site, and discontinue use of any service marks or other intellectual property or content provided by Kopernik.
13. Making Donations or Submitting Technology Product Listings through Kopernik.
Kopernik is a non-profit marketplace that brings Donors together with technology producers in order to provide communities in developing countries with the technologies they wish to utilize. Each donation made through Kopernik goes directly to fund the program for which it was given, except for a nominal 10% fee (the "Nominal Fee"), calculated on the amount of each donation, which Kopernik charges to help Kopernik conduct due diligence, aggregate local organizations and technologies and continue to improve the Kopernik Site platform, and applicable credit card or Paypal transaction fees to be deducted from the contribution. The Nominal Fee will be automatically deducted from each donation. With regards to applicable credit card or Paypal transaction fees, these typically range between 3 and 4% of the transaction amount but may vary from time to time and depending on the transaction and will be subtracted by PayPal or the credit card processing company from the amount of each donation.
For illustration, total costs for each project ("Project Costs") includes the 10% Nominal Fee charged by Kopernik. In order to simplify this process, Kopernik will transfer 90% of the Project Costs (minus payment processing fees) to the technology producer or, where applicable, to the local partner for payment to the technology producer.
Amounts shown on the Kopernik Site in currencies other than USD are for display purposes only. All amounts are converted to USD at the exchange rate provided by the European Central Bank at the time of transaction.
Other than in the event of our manifest error, Kopernik is unable to, and will in no circumstances, make any refund or other form of reimbursement in respect of any donation made by any Donor, any payment made to Kopernik by any technology producer, or any other payment made to Kopernik. We would encourage you to carefully consider the content of the Site before confirming any payment to Kopernik.
14. Special Provisions Relating to Donors
Thank you for your interest in funding a project through Kopernik and/or contributing to Kopernik's operational costs. By completing the process of registering as a user of the Site and/or clicking the 'Complete Checkout' or 'Redeem Gift Certificate' button during the process for making donations, you agree that the following additional terms of the UA apply to you as a user who signs up for a User Account and/or makes a donation by way of the Site (each of such users a "Donor"). In the event that you are the recipient of a Gift Certificate, all references to "Donor" shall apply to you as well.
14a. Donor Representations
By applying to become a Donor, you represent and promise that:
- You are at least 18 years old and are otherwise capable of forming legally binding contracts under all applicable law;
- All information you provide to KOPERNIK is accurate, and you will update the information to keep it accurate; and
- Any donation you make is legal in any jurisdiction applicable to you.
14b Donor Responsibilities
You will be responsible for the use of, and maintenance of the confidentiality of, your username and password. You will choose your username and password when you register, unless you make a donation or sign up for recurring donations (Kopernik's monthly Tipping Point campaign) when you have not previously registered for the Site with the email you use and you are not logged in, in which case a username and password will be generated for you and emailed to the email address you provide when making the donation or signing up for recurring donations. You may access your Donor User Account and other Donor-restricted portions of the Site by logging on to the Site with your username or email address and password. You may not and you agree that you shall not share your username and password with anyone else. You agree not to use the account, username, or password of another Donor at any time or to disclose your password to anyone else. You agree to exit from your account at the end of each session and to immediately notify Kopernik of any unauthorized use of your password or account. Note that because we allow Facebook connect on the site, you may be logged in automatically if you are already logged into Facebook.You are solely responsible for any and all use of your account and for any actions that take place using your account. All suggestions and comments you provide become the intellectual property of Kopernik.
In addition to the rights of Kopernik described elsewhere in this UA, you agree that descriptions of the proposed activity, the photographs and videos of beneficiaries and other materials that Kopernik may send you regarding each project you fund are solely for your personal, non-commercial use and may not be distributed, displayed or copied in any way. Recognizing the critical importance of these restrictions in protecting the rights and privacy of the participants, you agree that any breach by you of any of these restrictions may cause Kopernik and others to suffer irreparable loss, damage and harm in an amount not easily ascertained, and therefore agree that Kopernik may immediately seek an injunction against you to stop your distribution, display, or copying of any such materials, without posting a bond and proving the inadequacy of monetary damages, and you waive any objection to the scope or venue of such an action. Further, you will reimburse Kopernik for any costs and fees incurred in connection with the enforcement of the foregoing rights including reasonable legal costs.
14c. Services Performed by Kopernik on behalf of Donors
(i) Project Proposals
We review, verify and calculate the cost of each local partner's project proposal before we post it on the Site for Donors to view. Our efforts include, but are not limited to, screening the proposed project for compliance with the Kopernik project proposal guidelines, restricting local partners to addresses that have been provided by themselves and verified where possible as correct locations for the relevant organizations, confirming the applicability of requested technology products, and determining a cost for the project. Whenever practical, we purchase the applicable technology products ourselves using donated funds and arrange for such technology products to be delivered directly to the local partners.
From time to time the specific features of a proposal might change after Kopernik receives your donation. In the unusual case that this happens, Kopernik will review the modified proposal. If our review determines that the modified proposal is, in our reasonable discretion, sufficiently similar to the local partner's original proposal, we will use the funds that you donated to fund the modified proposal. If we, in our reasonable discretion, determine that the modified proposal is not sufficiently similar to the original proposal, we will seek your consent to apply the funds that you donated towards the revised proposal. As soon as practicable following completion of a project, feedback from the local partner as to the implementation of the project and its effect on the community will be added to the relevant project page.
(ii) Repayment of Funds
You understand that for most projects submitted for funding after March 2012 Kopernik provides the technology to the local partner on a consignment basis and therefore requires the Local Partner to repay within a time period specific to the project, monies collected from the sales of the technology less previously approved distribution and awareness raising costs. Kopernik will then apply 100% of these repaid funds to new projects which may be a follow up project with the same local partner or another project at Kopernik's discretion. Kopernik will notify you with an email update in event your donation has been repaid pursuant to this paragraph and the funds redirected to another project.
(iii) Gift Certificates
Kopernik offers a way to donate to a Kopernik project as a gift to another individual or entity (each a "Recipient") by way of a gift certificate.
By accessing the "Gift Certificate" area of the Site, a Donor may elect to donate a specified one-off amount as a gift to a Recipient, following which such Recipient may access the Site and select the project towards which the donation will be applied. The payment method will be as set out above in respect of one-off donations. Kopernik will send an email to the Recipient inviting the Recipient to access the Site and select a project in respect of which the gift will be applied. If a designated Recipient fails to select a project within six months of the gift certificate being sent, the relevant donation may be applied towards Kopernik's Tipping Point project (the project closest to being fully funded) at such time or another project at Kopernik's discretion.
Gift Certificate has no monetary value and does not constitute currency or property of any type. Gift Certificate may be redeemed for donation to Kopernik projects only. The Gift Certificate cannot be sold or transferred, and cannot be exchanged for cash or for any other goods and services, except for donation to Kopernik projects. The Gift Certificate is non-refundable. You are not entitled to a refund for any unused portion of the Gift Certificate.
The Gift Certificate is void where prohibited under local laws. The Gift Certificate may only be held by legal residents of countries where access to and use of the Gift Certificate is permitted. Kopernik reserves the right to refuse your request(s) to purchase and/or acquire the Gift Certificate, and Kopernik reserves the right to limit or block any request to purchase and/or acquire the Gift Certificate for any reason.
14d. Disclaimers
If a project that you have donated towards (whether as a one-off donation, a monthly recurring donation or as a gift) does not proceed to implementation, does not reach its funding target or is removed from the Site for whatever reason, we will email you, or, in the case of a gift where the Donor has specified that the Recipient should choose the project, the Recipient, and let you (or the Recipient, as applicable) decide how your donation should be used. In such a scenario, either:
- You (or the Recipient, as applicable) choose another project that inspires you; or
- The relevant donation will be applied towards Kopernik's Tipping Point project or a project at Kopernik's discretion at such time.
If we don't hear from you (or the Recipient, as applicable) within 30 days of the relevant notification, the relevant donation will be applied towards the project closest to being funded at such time or another project at Kopernik's discretion.
If a project that you have donated towards in excess of that requested, and therefore unable to accept your donation, in whole or in part, we will email you, or, in the case of a gift where the Donor has specified that the Recipient should choose the project, the Recipient, and let you (or the Recipient, as applicable) decide how your donation should be used. In such a scenario, either:
You (or the Recipient, as applicable) choose another project that inspires you; or
We choose a project that's in urgent need of funding on your behalf.
If we don't hear from you within 30 days of notifying you that the project you supported has received donations in excess of that requested, we'll choose a project on your behalf
In rare instances, a local partner may fail to submit their feedback progress report for the project they have had funded by Kopernik. In this instance, all Donors will be notified by Kopernik and the organization will be excluded from future use of the Site.
15. Special Provisions for Local Partners
Thank you for your interest in submitting a proposal for a Kopernik project. By submitting a project proposal to Kopernik, and checking the box in the project proposal form indicating you have read and agreed to this Agreement, you agree that the following additional terms of the UA apply to you as a user who signs up as a local partner.
15a. Local Partner Representations
By submitting a proposal, you represent and promise that:
- The organization you represent is a legal entity, registered in the respective country, duly organized, validly existing, in good standing and operate under its jurisdiction;
- You have all requisite right, power and authority to enter into this UA;
- The activity you propose is legal; all information you provide to Kopernik is accurate, and you will promptly update the information to keep it accurate;
- Any project proposals you submit are solely for your organization and ultimately for the beneficiaries you serve; and
- You have full rights to any ideas, descriptions and materials you submit to Kopernik, and that you (and not Kopernik) are solely responsible for such submission, including its legality and appropriateness, and that all such materials are your original creations and use by Kopernik will not infringe on any rights of any third party.
- You waive any immunity from suit, execution or other legal process that you may have in relation to any proceedings taken in any jurisdiction applicable to you.
15b. Local Partner Responsibilities
When such functionality becomes operational, upon completing the process of registering as a local partner, you will be given a username and password, you will be responsible for the use and maintenance of the confidentiality of your username and password for access to local partner-restricted portions of the Site when these functions become available, and shall not share your username and password with anyone else. You agree not to use the account, username, or password of another user at any time or to disclose your password to anyone else. You agree to only have one account; please note that multiple accounts are prohibited. You agree to exit from your account at the end of each session and to immediately notify Kopernik of any unauthorized use of your password or account. You are solely responsible for any and all use of your account and for any actions that take place using your account.
From time to time, Kopernik or a third party on Kopernik's behalf may send you emails regarding important information about your use of the Site. Even if the electronic communication system that sends such emails to your account contains an "opt-out" feature, you acknowledge and agree that it is your responsibility to be aware of the information contained in these emails.
15c. Rights You Grant to Kopernik
While you retain ownership in the works you create such as the project proposal submissions, as to all information or materials created by you and communicated or submitted to Kopernik through the Site and all materials which you send to Kopernik after the completion of the project, you hereby grant to Kopernik a perpetual, irrevocable, worldwide, non-exclusive, fully paid and fully sublicensable license to use the submission and project materials, and portions thereof, in furtherance of Kopernik's purposes and activities and to promote Kopernik and its programs, in any medium, and Kopernik may copy, perform, publish, display, distribute, adapt, re-modify, reformat and create derivative works and make other uses of the submission and project materials (in whole or in part) and license others to do the same, for Kopernik purposes, whether or not your project proposal is funded.
15d. Your Responsibilities Should Your Project Proposal Be Funded
If your project proposal is approved by Kopernik (in Kopernik's sole discretion), posted on the Site and funded, you agree to use any technology products or funds received solely as stated in the applicable project proposal and in a manner directed by Kopernik.
You will make best efforts to promptly (1) take photos and videos of the beneficiaries of the project funded by Kopernik Donors, (2) provide a written summary of the progress and impact of the project to be included on the project page and (3) provide feedback to any comments or queries submitted to you by Kopernik in respect of such summary.
You will use Kopernik's funds and technology products only for the project Kopernik has approved, and agree to follow all other instructions as provided or directed by Kopernik regarding the funded activity. You agree that, in the event that you are provided with donations by Kopernik and responsible for contracting directly with the technology producer for delivery of technology products, you will use best endeavours, and all appropriate legal recourse, and follow any instructions from Kopernik, to ensure that the relevant technology products are delivered to you promptly and are of satisfactory quality and fit for purpose in accordance with the applicable project proposal and descriptions of the project and the technology products as set out on the Site.
For project proposals submitted after March 2012 Kopernik provides technology to the Local Partner on a consignment basis and requires the Local Partner to repay, within a specified time period, monies collected from the distribution of the technology less previously approved distribution and awareness raising costs. Kopernik will then apply 100% of these repaid funds to new projects which may be a follow-up project with the same local partner or another project at Kopernik's discretion. You understand that as a Local Partner, should you fail to repay within the specific time period, you will be excluded from further use of the Site.
You understand that the promptness and thoroughness with which you repay funds, submit the photographs, videos, progress reports and other materials as set out above and as requested by Kopernik from time to time will affect the rating of your organization and how much technology you will be allowed to request in the future.
15e. Disclaimers
Kopernik will not be required to treat any submission or project materials as confidential.
Kopernik reserves absolute discretion as to whether any project proposal will be accepted and listed on the Site. Furthermore, Kopernik reserves the absolute right to remove any proposal from the Site and to withhold funds or technology products from any local partner at Kopernik's sole discretion.
Kopernik makes no representation to any local partner that any proposal will be funded or such local partner will receive any funds or technology products.
16. Special Provisions for Technology Producers
Thank you for your interest in submitting technology products for inclusion in a Kopernik project. By submitting a registration form to Kopernik, and checking the box in the registration form indicating you have read and agreed to this Agreement, you agree that the following additional terms of the UA apply to you as a user of the Site who signs up as a technology producer (including, for the avoidance of doubt, any International Technology Producer (as defined below)).
Subject to the provisions of this UA, as a technology producer, you may submit for listing any technology product on the Site unless it is a prohibited item as defined in the procedures and guidelines posted on the Site, or otherwise prohibited by law. Kopernik reserves the absolute right to remove any item or link or post or related material that breaches any of these conditions in Kopernik's sole discretion. It is the responsibility of the technology producer to accurately describe the technology product and Kopernik takes no responsibility for any inaccuracies.
16a. Technology Producer Representations
By submitting your technology products for inclusion in a Kopernik project, you represent and promise that:
- The organization you represent is a legal entity, registered in the relevant country, duly organized, validly existing, in good standing and authorized to operate under its jurisdiction;
- You have all requisite right, power and authority to enter into this UA;
- Any technology product listings you submit are solely for your organization and ultimately for the beneficiaries you serve; and
- You are permitted to sell the technology product(s) listed by you, both within your own country and the country of the local partner obtaining, distributing and using your product. You confirm that applicable export and import laws permit the delivery of the relevant technology product to each customer or potential customer;
- You will use best efforts to confirm that your technology product meets local consumer protection, technology product compliance and environmental regulations;
- All information you provide to Kopernik is accurate, and you will promptly update any such information to keep it accurate;
- You will not list any item or link or post any related material that, (a) infringes any third-party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity, confidentiality or privacy); (b) constitutes libel or slander or is otherwise defamatory; or (c) is counterfeited, illegal, stolen, or fraudulent.
- You waive any immunity from suit, execution or other legal process that you may have in relation to any proceedings taken in any jurisdiction applicable to you.
You also undertake to us that you will stop and/or cancel orders of your technology products if we ask you to do so (provided that if you have transferred your technology products to the applicable carrier or shipper, you will use commercially reasonable efforts to stop and/or cancel delivery by such carrier or shipper). You will refund to us (in accordance with this UA) any amount that has been charged for an order that we stop or cancel.
16b. Technology Producers Responsibilities
When such function becomes available, upon completing the process of registering as a technology producer, you will be given a username and password. You will be responsible for the use and maintenance of the confidentiality of your username and password for access to technology producer-restricted portions of the Site when such functions become available, and shall not share your username and password with anyone else. You agree not to use the account, username, or password of another user at any time or to disclose your password to anyone else. You agree to only have one account; please note that multiple accounts are prohibited. You agree to exit from your account at the end of each session and to immediately notify Kopernik of any unauthorized use of your password or account. You are solely responsible for any and all use of your account and for any actions that take place using your account.
In addition to the rights of Kopernik described elsewhere in this UA, you agree that descriptions of the proposed activity, the photographs and videos of project activities, and other materials that Kopernik may send you are solely for your personal, non-commercial use and may not be distributed, displayed or copied in any way without the prior express written permission of Kopernik.
From time to time, Kopernik or a third party on Kopernik's behalf may send you emails regarding important information about your use of the Site. Even if the electronic communication system that sends such emails to your account contains an "opt-out" feature, you acknowledge and agree that it is your responsibility to be aware of the information contained in these emails.
As a Technology Producer, you also agree to the following additional responsibilities:
1.Customer Expectations. You will provide the customer with accurate information about the country from which you are shipping your technology product, including accurately stating the 'shipping from' country in your technology producer registration form. You will manage customer expectations by stating the actual shipping times from your country. You will be responsible to meet the customer's shipping expectations for all orders you receive.
2. Obligation to Sell; Unit Price Quote per Project. By entering into this UA and submitting technology products and providing Kopernik with specific unit price quote per project (which can differ from project to project, the "Unit Price Quote"), you are obligated to sell the technology products with listed product specifications and specific Unit Price Quote for that project to Kopernik or to the relevant local partners (as applicable) and to complete the transaction as described in this UA. Unless otherwise agreed with us, if you wish to change the Unit Price Quote of any technology products for a specific project you must notify us in writing. No change to the Unit Price Quote of your technology products will be effective until we post the change on the Site and we reserve the right to refuse to make such change. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable. You will submit your technology product listings in English and with prices in US dollars
3. Delivery to the Customer. You have a reliable way to get the applicable technology product to the customer within the time limits specified in your listing on the Site and in accordance with the reasonable expectations of the customer. You will use best efforts not to expose the customer to customs delays and additional duties and taxes on your technology products. It is your responsibility to take care of such matters when you ship any technology product, so as to ensure that the customer receives exactly what the customer ordered within the estimated delivery date that is specified in your offer on the Site.
4. Customer Service. You are prepared to quickly respond to customer contacts in English. Customers expect prompt, helpful service when they have questions or concerns about your technology products. You should have customer service specialists that understand your technology products, that know where the customer's technology product is and when it will be delivered, and that will be able to respond quickly (but in any case within 72 hours) to customer e-mail contacts in English. NOTE: If you provide phone support, you are required to do so in English.
5. Customer charges. Your technology product listing will include all applicable charges and taxes (including VAT, customs duty, excise taxes, etc. as applicable). You will provide VAT invoices to the customer upon the customer's request, if applicable.
6. Returns and Refunds. For all of your technology products you will contract with Kopernik or the local partner, as applicable, on standard commercial terms, provide us with your customer return and refund policies for display on the Site and accept and process returns, refunds and adjustments relating to your technology products in accordance with this UA and the posted policies at the time of the applicable order. If you notify us of any changes to these policies, we will use commercially reasonable efforts to post the changes. No change will be effective as to your technology products until we post the change on the Site and we reserve the right to refuse to make such change. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or other charges) or other amounts to be paid by you to Kopernik in connection with the purchases, and will route all such payments to Kopernik. We may offset such payments against any amounts to be remitted or paid by Kopernik to you under this Agreement or seek reimbursement from you at our absolute discretion. You will provide refunds and adjustments (that you are obligated to provide under applicable return and refund policies or as required by applicable law) promptly, but in no case later than thirty (30) days following the close of the transaction. You will not waive or opt out of any warranties or representations implied by any law applicable to you including but not limited to those relating to quality of goods and fitness for purpose.
7. Taxes. You agree that it is the technology producer's responsibility to determine whether Seller Taxes apply to the transactions and to collect, report, and remit the correct Seller Taxes to the appropriate tax authority. You also agree that Kopernik is not obligated to determine whether Seller Taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction. "Seller Taxes" means any and all sales, goods and services, use, excise, import, export, value added, consumption and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of technology products by you on or through the Site, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, or any of your or their respective employees, agents, contractors or representatives.
8. Fees. You understand that total costs for each project ("Project Costs") includes not only the cost of your product and shipping fees, but also, a 10% Nominal Fee charged by Kopernik to cover administration and operational expenses, payment processing fees, wire transfer fees, and other fees as listed in the Budget section of the project (the "Other Fees"). In order to simplify this process, Kopernik will transfer the Project Costs minus the Other Fees to you as technology producer or, where applicable, to the local partner for payment to you.
9. Technology product feedback, impact assessment, testing and verification. You agree that we may submit your technology product for independent testing and verification to our technology partners (such as, but not limited to the Comprehensive Initiative on Technology Evaluation (CITE) program of the Massachusetts Institute of Technology (MIT)) and may share the results via our website. Kopernik also collects user feedback, conducts internal as well as external impact assessments of our technology projects and publishes this information on our website and other communications. You agree that we may publish such information.
16e. Rights You Grant to Kopernik
By entering into this UA and submitting technology products for listing, you grant us a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and sublicenseable license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of the content you submit to Kopernik; provided, however, that we will not alter any of your trademarks (i.e., trademarks of yours that you provide to us in non-text form for branding purposes that are separate from and not embedded or otherwise incorporated in any technology product specific information or materials) from the form provided by you (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with your removal requests as to specific uses of your trademarks; provided further, however, that nothing in this UA will prevent or impair our right to use without your consent the content and any other materials provided by you, to the extent that such use is allowable without a license from you or your affiliates under applicable law (e.g., fair use under copyright law, referential use under trademark law, or valid license from a third party). You represent and warrant that you own or otherwise control all of the rights to the content you submit to Kopernik, and that the use of such materials by Kopernik will not infringe upon or violate the rights of any third party.
16f. Disclaimers
Kopernik will not be required to treat any submissions as confidential.
Kopernik makes no representation to any technology producer that any technology product will be purchased or that such technology producer will receive any funds, even in the event that a proposal in relation to a technology product submitted by such technology producer has been accepted and listed on the Site and donations are received in respect of such proposal.
Kopernik reserves absolute discretion as to whether any technology products will be accepted and listed on the Site. Furthermore, Kopernik reserves the absolute right to remove any technology product from the Site at Kopernik's sole discretion.
17. Disputes
Because Kopernik is not the agent of any technology producer or any local partner for any purpose, Kopernik will not act as any technology producer or local partner's agent in connection with resolving any disputes between participants related to or arising in connection with any transaction. Kopernik urges technology producers and local partners to cooperate with each other to resolve such disputes but reserves all of its own rights in relation to any dispute.
18. Termination
You may terminate this UA by terminating your account (if you have one), by destroying all materials obtained from the Site, and stopping all use of the Site; however Kopernik reserves all rights and remedies in respect of your use of the Site prior to such termination. Kopernik may terminate this UA immediately at will for any reason, in its sole judgment, without warning or prior notice.
In the event of any termination of this UA, the disclaimers, limitations of liabilities and indemnities set forth in this UA will survive such termination.
19. No Agency; Third-Party Beneficiary
Kopernik is not the agent, fiduciary, trustee, or other representative of you. Nothing expressed or mentioned in or implied from this UA is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this UA. This UA and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of Kopernik, you as a Donor, technology producer or local partner.
20. Resolution of Disputes
This UA is governed by the laws of the State of New York, USA and controlling United States federal law without regard to its choice of law or conflicts of law provisions or the Convention on Contracts for the International Sale of Goods. You agree to be bound by the laws of the State of New York and the provisions of this clause 20 notwithstanding the jurisdiction in which you are located. Any controversy or claim arising out of or relating use of the Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association to be heard and adjudicated by one arbitrator chosen from a panel of arbitrators knowledgeable in internet law and commercial contract disputes. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, New York, and claims regarding the judgment of the arbitrator (including entry of judgment on the arbitration award) may be brought and shall be subject to the exclusive jurisdiction of the State and federal courts located in New York, New York, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, Kopernik may, at its sole discretion, seek injunctive action in any court of competent jurisdiction (including, but not limited to, preliminary injunctive relief). The prevailing party in any legal proceeding brought by one party against the other party in a dispute shall be entitled to recover its legal expenses, including, but not limited to, the costs of any court or arbitration proceeding and reasonable attorneys' fees.
21. Indemnification
You will defend, indemnify and hold harmless Kopernik and its Affiliates from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any Claim that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this UA; (b) for technology producers, your own website or other sales channels (if any), the technology products you sell, the advertisement, offer, sale or return of any technology products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any technology products you sell or content you provide, or Seller Taxes or the collection, payment or failure to collect or pay Seller Taxes; (c) your use of the Site in breach or violation of any term of this UA; (d) your violation of any law or regulation; or (e) any content you provide to Kopernik. For the purposes hereof, "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity.
22. Contact Kopernik
If you have any questions about the Site or this UA, you may contact us via e-mail at: email@example.com We are always glad to receive your questions and comments.
23. Entire Agreement
This UA, including the terms specifically applicable to Donors, technology producers and local partners, any provisions specifically incorporated into this UA and other policies and notices Kopernik may post on the Site, constitute the entire agreement between Kopernik and you in connection with your use of the Site, hyperlinks to the Site and the Content and Software displayed on the Site, and supersedes any prior agreements between Kopernik and you regarding such matters, including prior versions of this UA. Kopernik may update this UA from time to time by posting revised versions of this UA on the Site, without notice to you except that the effective date at the top of this UA will change and your subsequent use of the Site is governed by that new UA. The terms of this UA are effective until terminated in accordance with Section 18 (Termination).
24. Public Inspection of Legal and Financial Documents
Copies of Kopernik's annual federal tax returns (Form 990's), 501(c)3 tax-exempt application, IRS tax exemption determination letter or annual reports of Kopernik Solutions are available without additional charge, other than reasonable fees for copying and postage, by writing to
Kopernik Solutions,
228 Park Ave S #73293,
New York, NY 10003 USA
(347) 587-8687.
A copy of the official registration and annual report may be obtained from the Office of the Attorney General, Department of Law, Charities Bureau by calling (212) 416-8401 within the state, or visiting their website at www.charitiesnys.com.
Our New York registration number is: 42-10-10.
Kopernik Privacy Policy
This document ("Privacy Policy") contains the privacy practices for the Kopernik web site, the kopernik.info (the "Site"). As used in this Privacy Policy, "we," "our," or"us" means Kopernik, and "you" and "your" means any user of the Site, in each case unless otherwise indicated or the context otherwise requires. Capitalized terms used in this Privacy Policy shall have the definitions given to them in the User Agreement unless otherwise defined herein or the context otherwise requires.
The Site is owned and operated by or on behalf of Kopernik Solutions ("Kopernik"). We at Kopernik take your privacy seriously. The purpose of this Privacy Policy is to inform you about the information that is collected about you on the Site, how Kopernik may store, use and disclose the information that is collected, how information can be corrected or changed, and your obligations regarding information about others you may encounter in using the Site. Please note that this Privacy Policy only governs information gathered from you online through the Site.
To make this Privacy Policy easier to find, we make it available on the Site's homepage and at every point where personal information is requested from you. IN THE EVENT THAT THERE ARE MULTIPLE LANGUAGE VERSIONS OF THIS POLICY THE ENGLISH VERSION SHOULD GOVERN.
Revised 1 October 2013
1. How Does Kopernik Collect Information?
Our web server automatically recognizes and collects the domain name and IP address of each visitor to the Site. In addition, we collect personal information submitted by the visitor in order to participate in activities on the Site, including but not limited to making a donation, posting a proposal or product listing, responding to surveys, registering to create an account, logging in to a user account, requesting email newsletters and/or contacting us through one or more of our contact email addresses. When you create an account, submit registration forms or proposals or make a transaction, we may ask for information including but not limited to your name, email address, postal address, phone number and credit card / direct debit details.
If you have enabled cookies in your browser, we will also send a cookie file to your browser that will store a unique, random session ID that is maintained throughout each of your visits to the Site to track the pages you have visited. This allows us to provide visitors to the Site with certain conveniences, such as delivering personalized content. We also use cookies to track the path of users through the Site, and to keep track of from where users arrive at the Site (for example, via a search engine). We also collect aggregate tracking information derived mainly from tallying page views throughout the Site.
2. How Does Kopernik Protect Information?
Kopernik uses reasonable efforts to protect personal information received from users of the Site from unauthorized use or disclosure. We do not allow unauthorized access via the Internet to the portion of our server that contains personally identifiable user information. Access to any user account will only be permitted following entry of a valid user ID and password. Where we have given you a password which enables you to access certain parts of the Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard the information we collect online. Protecting the privacy of the young is especially important. For that reason, we never collect or maintain information at the Site from those we actually know to be under 13 years old, and no part of the Site is structured to attract anyone under 13 years old.
All credit card information provided, if requested on the Site for donations, will be encrypted using the SSL protocol. In respect of one-off payments, we do not retain any end-user credit card information after the processing of the transaction is complete. In respect of recurring payments by any Donor or technology producer, all credit card information will be encrypted using the SSL protocol and we use all reasonable efforts to ensure the security of such information.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will use all reasonably necessary endeavors to protect your personal data, we cannot guarantee the security of your data transmitted to the Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
3. How Does Kopernik Use Information?
3.1 General. Kopernik uses information for general purposes including but not limited to the following: to evaluate proposals to fund projects, to evaluate products to be included on the Site, to provide information regarding approved proposals or products to visitors to the Site and potential Donors, to customize the content and/or layout of the Site for each individual user, to improve the content of the Site, our services or programs, and to contact you.
3.2 Contacting You. By creating a user account on the Site or submitting a registration form to become a Donor, technology producer or local partner (as applicable), you agree to receive our monthly updates as well as emails based on your activity with Kopernik, which may include confirmation emails, receipts, acknowledgement messages, updates on proposals you've funded, products you have purchased, local partner or Donor feedback or emails conveying any other information in which Kopernik in its sole discretion believes you may be interested. You can unsubscribe from the Kopernik updates at any time by contacting Kopernik or by using the link found on the email message to unsubscribe. Email addresses provided by users of the Site will only be used by us to send email from or related to Kopernik and its programs to you. Kopernik strictly enforces e-mail privacy, and e-mail addresses are not sold, leased or bartered to or with any third parties.
3.3 Donations and Other Services. By voluntarily providing us with your name, credit card and/or direct debit information (if requested on the Site), e-mail address, postal address, telephone number, billing address, and any other personally identifiable information, you consent to our use of such information for the purpose(s) for which it was collected, such as processing your donations, purchase of gift certificates or gift cards, displaying such information in your user account (where applicable) and/or for providing any other service or product you request.
3.4 Data storage. The data that we collect from you may be transferred to, and stored at, a destination outside of the United States of America. It may also be processed by staff operating outside of the United States of America who work for us or with us. Such staff may be engaged in, among other things, the processing of your payment details and the provision of support services in respect of any transaction. By submitting your personal data, you agree to this transfer, storage and/or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.
3.5 Aggregate Data. Kopernik may collect information about the use of the Site, such as the types of services used and how many users we receive daily. This information is collected in aggregate form, without identifying any user individually. Kopernik may use this aggregate, non-identifying statistical data for statistical analysis, marketing or similar promotional purposes. This may include disclosure of this information to a third party market analysis firm or other third parties where we deem such disclosure reasonably benefits Kopernik.
4. How Does Kopernik Disclose Information?
We do not sell, trade, or rent your personal information to others without your express consent. Other than your information which is displayed on the Site (as set out in this Privacy Policy), we disclose your personal information to third parties only to process your credit card or Paypal donations, where specifically authorized by you (for example displaying the names of Donors to a given project on the relevant project page) or in the following circumstances:
4.1 Governmental or Legal Order. Kopernik may provide your personal information, if necessary in Kopernik's good faith judgment, to comply with any applicable laws or regulations of a governmental or regulatory body or in response to a valid subpoena, warrant or order or to protect the rights of Kopernik or others.
4.2 Business Transition. If Kopernik goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, we reserve the right to transfer your personal information as part of such merger, acquisition or sale, which will likely be among the assets transferred.
4.3 Contractors and Other Third Party Service Providers. Kopernik may employ contractors or other third parties in Kopernik's sole discretion. These contractors or other third parties may have access to your personal information if necessary to perform services for us; however, they may only use such personal information for the purpose of performing that function and may not use it for any other purpose.
5. Third Party Websites.
Kopernik is not responsible for the content, services or the privacy policies or practices of websites to which we may provide hyperlinks from the Site, or of the websites of our affiliates, sponsors or corporate partners or, for the avoidance of doubt, any website whatsoever other than the Site.
6. Information That Is Voluntarily Disclosed.
Please be advised that any personal or non-personal information which you voluntarily disclose on the Site, such as comments, becomes publicly available and can be collected and used by others. Your username (not your e-mail address) is displayed to other users when you send messages through the Site. Any such information that you submit to the Site may be redistributed through the internet and other media channels, and may be viewed by the general public, and Kopernik takes no responsibility for the privacy of any such information that is submitted to the Site. For clarity, information which you submit, whether as a Donor, a Recipient, a Local Partner or a Technology Producer will be disclosed in the following manner so as to allow Kopernik to provide its services:
6.1 Donors and Recipients. Each Donor (or Recipient, where applicable) understands and agrees that, unless they tick the "Make me an anonymous donor" option in their profile settings, their first name, location and photo (if Donor (or Recipient, where applicable) has uploaded a profile photo or connect via their Facebook account, in which case their Facebook profile photo will be shown) will be included in the list of donations in respect of a project, such information will be both listed and publicly available on the Site.
6.2 Local Partners. Unless stated otherwise, all registrations forms, proposals, videos, photos, progress reports and other materials submitted by any local partner will be posted on the Site and will become publicly available. THEREFORE, IT IS YOUR RESPONSIBILITY TO ENSURE THAT AND YOU REPRESENT AND WARRANT THAT ALL INFORMATION AND MATERIALS YOU SUBMIT ARE TRUE AND ACCURATE, AND THAT YOU WILL PROMPTLY NOTIFY KOPERNIK TO UPDATE ANY SUCH INFORMATION WHEN NECESSARY.
6.3 Technology Producers. Each Technology Producer understands and agrees that information about such Technology Producer, included but not limited to the name, website, contact address and shipping address details of such Technology Producer, and information regarding such Technology Producer's products, will be listed in the Site's product directory and will be publicly available to local partners, Donors and other users of the Site. Kopernik is not responsible for the privacy practices of any other organization, entity or individual who may view such information in the Site's product directory. For more information regarding the handling of your information by these organizations, please refer to the privacy policies of these organizations where available.
7. Your Options
You may, of course, decline to submit personal information, in which case Kopernik may not be able to provide certain services to you. You may update or correct your personal information at any time by contacting us at firstname.lastname@example.com. Please note that any content uploaded by users to the Site remain subject to our User Agreement.
. Special Note to International Users
The Site is hosted in the United States and is intended for and directed to users in the United States. If you are a user accessing the Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Site, which is governed by U.S. law, this Privacy Policy, and our User Agreement, you are transferring your personal information to the United States, you consent to that transfer and you agree to be bound by U.S. laws in relation to your personal information governed by this Privacy Policy.
9. Contact Kopernik
If you have any questions about our Privacy Policy or practices, you may contact us at firstname.lastname@example.com or at:
Kopernik Solutions
Attn: Privacy Policy,
228 Park Ave #73293,
New York, New York 10003, USA
We are always glad to hear your questions or comments.
10. Changes to this Privacy Policy
This Privacy Policy may be changed or updated by us from time to time by us posting an updated version of this Privacy Policy on the Site. When we post changes to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy. On and from such "last updated date", the provisions of the updated Privacy Policy shall govern your use of the Site. We encourage you to periodically review this Privacy Policy to be informed of how Kopernik is protecting your information.


text:
Defining Studios is a professional photography and cinematic film production company located in Hartford, Connecticut.
Lead photographers Heather and Roger Castonguay and lead videographer Kevin Lee Huss provide local and destination wedding and event services of the highest quality, emphasizing strong technical quality and unmatched interpersonal skills.
Our photographers and videographers do everything to make your wedding or event into everything you've imagined and more.
For weddings, we are available to help in venue and vendor selection, as well as create your wedding itinerary so we can keep time on your wedding day. We help you to organize your family session ahead of time, and most of all, we're there to make the photo and video process fun for you and your guests. We're always careful to give you your moments and be as discrete as possible during your ceremony, first dance and other select moments. But when it comes to engaging with your bridal party ahead of time and joining your guests on the dance floor, we're at our absolute best!
We are not a seasonal company that only caters to weddings from spring to fall. We keep our skills sharp and are producing new work throughout the year. Commercially, our photo department offers a wide array of services, including food and product photos, senior portraits, lifestyle and baby portraits, head shots, engagement sessions, and especially coverage of large events and weddings.
Our video department offers on-site live video streaming, as well as video of engagement sessions, corporate functions, and of course large events and weddings with movie-quality artistic shooting and editing.
View our work. Meet our team. And book your wedding knowing you've got the most dedicated and energetic team working with you when it counts.
Thank you for visiting our website, we look forward to working with you!
Roger and Heather Castonguay
and the Defining Studios Team


text:
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