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Last Revision: January 29, 2020
General Provisions / Definitions
Please read these EpicStudio terms of service ("Terms of Service") carefully. EpicStudio ("EpicStudio" or "us" or "we" or "our") offers a software application (the "Service") that helps businesses and agencies (individually and collectively "Customer(s)") managing their social media profiles on Supported Platforms. By using the Service, you agree to be bound by these Terms of Service. If you do not accept these Terms of Service you shall not (and shall not have the right to) use the Service.
We reserve the right, at any time, to update and change any or all of these Terms of Service, in our sole discretion. If we do so, we will post the modified Terms of Service on www.thisisepicstudio.com (the "Site"), though we will notify you of any changes that, in our sole discretion, materially impact these Terms of Service. Continued use of the Service after any such changes have been made shall constitute your consent to such changes. If a change has a material adverse impact on you, and you have contracted and prepaid for a certain term, you may notify us within 30 days after being informed of that change that you do not agree with the change. If you do so, we will delay applying the change to you until your prepaid term ends, or, at our sole discretion, allow you to cancel your account, and we will refund any prepaid amount pro rata to you. If you use the Service after your prepaid term ends, all changes will apply to you. You are responsible for regularly reviewing the most current version of these Terms of Service, which are currently available at: https://www.thisisepicstudio.com/terms-of-service. When we change these Terms of Service, we will modify the "Last Revision" date above.
Wherever used in these Terms of Service, "you", "your", "Customer", or similar terms means the person or legal entity accessing or using the Service. If you are accessing and using the Service on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service.
"Account" shall mean an account with EpicStudio to use the Service;
"Agreement" shall mean these Terms of Service, including any annexes thereto which form an integral part thereof and which in their totality, govern your relationship with EpicStudio;
"Applicable Law" shall mean the Laws of the France;
"Authorized User" means individuals who are directly accessing the Service via an online sign-up process, or individual users authorized and/or invited by you to use the Service and who you have supplied access to. Authorized Users may include your employees, consultants, contractors, agents, or your other designees;
"Confidential Information" shall mean all information provided by you or us (the "Disclosing Party"), to the other party (the "Receiving Party"), whether orally or in writing, which information is designated as being confidential. Provided that for all intents and purposes, Confidential Information shall not be construed to include any information that is (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party; (b) discovered or created by the Receiving Party before disclosure by the Disclosing Party; (c) learned by the Receiving Party through legitimate means other than from the Disclosing Party or Disclosing Party's representatives; or (d) is disclosed by the Receiving Party with the Disclosing Party's prior written approval;
"Customer Content" means all information and data (including text, images, photos, videos, audio, and documents) or any other content in any media and format provided or made available to EpicStudio by or on your behalf in relation to the use of the Service;
"Data" shall mean content, data, information, and Confidential Information relating to your business, some of which may not be publicly available, including but not limited to technical and commercial information concerning Your, or any of your parent company's or subsidiaries" business, systems, processes, software and services, as the case may be;
"Fair Use Policy" means the limits placed on usage as described in this Agreement;
"Intellectual Property Rights" shall mean the copyright, including the moral and related rights, rights to use, musical works, literary works, designs, databases or any other copyright protected works, trade names, protected business identifiers, patents, utility models and trademarks, and all other industrial and intellectual property rights, in each case whether registered or unregistered, which currently subsist, or will subsist, now or in the future, in any part of the world;
"Mentions" means the information, including links, posts, and excerpts, that has been made publicly available and obtained by EpicStudio on your behalf from the Supported Platforms, and data derived therefrom, including reports, summaries, graphs, and charts;
"Seat" means the right you've assigned to another Authorised User to access the Service on your behalf. Depending on your Plan, you may have to purchase additional add-ons to benefit from more Seats;
"Plan" shall mean one of the different subscription packages through which you can use the Service as further described on the Site;
"Service" means services provided to you by EpicStudio based on the plan you have purchased;
"Site" shall mean the website www.thisisepicstudio.com, in addition to any sub-pages that are integrated within this website;
"Subscription Term" shall mean the period of time for which subscription to the Service shall be made available by EpicStudio to You, subject to your adherence to the obligations undertaken by virtue of this Agreement;
"Supported Platform(s)" means the social networking site(s) currently supported by the Service, including Twitter, Facebook, LinkedIn, Instagram, Youtube and other social networks as described on the Site;
"Taxes" means all taxes, assessments, charges, fees, and levies that may be levied or based upon the sale or license of goods and/or services, as the case may be, including all sales, use, goods and services, value added, and excise taxes, custom duties, and assessments together with any instalments with respect thereto, and any interest, fines, and penalties with respect thereto, imposed by any governmental authority (including federal, state, provincial, municipal, and foreign governmental authorities);
"Third Party/ies" shall mean any persons, whether legal or natural, which are neither you nor EpicStudio;
"Trial Period" shall mean free access provided to you by EpicStudio for a limited and established period of time, to the Service, which shall be granted at the sole discretion of EpicStudio, which access may be revoked by EpicStudio at any time without need of any prior notice.
Account Registration, Access and Disclosure
To use and benefit from the Service, you must create an Account by completing a registration form, by providing us with all required information and activating the "I accept the Terms of Service" check-box and clicking on the "Start Using EpicStudio" button. You agree to provide us with complete and accurate information upon registration and to keep such information accurate and up-to-date during your course of use of the Service. You are advised to keep your login credentials strictly confidential and to refrain from disclosing these to anyone. We shall not be held responsible for unauthorized access to your account arising from your failure to keep your login credentials safe and secure.
If you are using the Site or Service for and on behalf of a legal entity you are required to fill-in the name of such legal entity in the signup form when signing up for the Service. This information can be updated at any time. If you are using the Site or Service for and on behalf of a legal entity, you shall be, and shall be presumed to be empowered by and/or properly authorised for and on behalf of that legal entity and you and the legal entity shall be jointly and severally subject to this Agreement. If you no longer remain a duly authorised representative of the legal entity, you shall be responsible to immediately inform EpicStudio, in which case the legal entity shall remain subject to the Agreement, and the legal entity shall contemporaneously proceed to inform EpicStudio of the new authorised representative. Until a new authorised representative has been notified to EpicStudio, you shall remain responsible as aforesaid. EpicStudio shall not be held liable should a person without the necessary power / non properly authorised person enter into this Agreement for and on behalf of a legal entity.
We reserve the right for us, our contractors or our employees, to access your Account and the information that you have provided but only for support, maintenance and servicing purposes or for any security-related, technical or billing reasons. Also, by sending us a support request, you grant us your prior consent to access your Account with the sole purpose to answer your request and/or solve the issue you're facing.
It is your responsibility to protect your personal data and maintain the confidentiality of your user information and passwords. You are also responsible for promptly notifying EpicStudio of any unauthorized use of your account, or breach of your account information or password. To the extent that such loss has not been caused due to gross negligence, willful misconduct, fraud or bad faith by EpicStudio, EpicStudio will not be liable for any loss that you may incur as a result of someone else using your username or password, either with or without your knowledge. To the extent allowable by the Applicable Law, you shall be liable for any expenses, including usage charges and fines, fees, civil judgments, and reasonable attorney's fees for your intentional or negligent failure to safeguard user and password information and/or promptly notifying EpicStudio about any unauthorized use of your account or breach of your account information or password.
If you are:
a parent company owning a majority shareholding (51% or higher) in a subsidiary company or other legal entity; or
a subsidiary company or other legal entity, owned by a parent company owning a majority shareholding (51% or higher); and
wish to extend this Agreement to either your parent company or your subsidiaries, as the case may be, you can do so but bear in mind that such parent company or subsidiaries shall be governed by the terms and conditions set forth in this Agreement.
your parent company or subsidiary(ies), as the case may be, shall be deemed to be a third-party beneficiary of this Agreement with the same rights and obligations attributed to you and EpicStudio under this Agreement and shall take on all responsibilities and obligations as if such parent company or subsidiary, as the case may be, were you.
Extent of Services
The extent of the Service(s) to which you may have access to may be dependent on the relevant Subscription Plan.
Updates and Functionalities. You acknowledge that from time to time EpicStudio may apply updates to the Service and that such updates may result in changes in the appearance and/or functionality of the Service (including the addition, modification, or removal of functionality, features, or content). EpicStudio shall provide, implement, configure, install, support, and maintain at its own cost any and all updates, upgrades, enhancements, improvements, releases, corrections, bug fixes, patches, and modifications to the Service (collectively, the "Updates"). You acknowledge that the Service interoperate with several Supported Platforms, and that the Service provided are highly dependent on the availability of such Supported Platforms. If at any time any Supported Platforms cease to make some or all of their features available to EpicStudio (each an "API Change"), EpicStudio may cease to provide such features to you without entitling you to refund, credit, or other compensation.
We offer several different Subscription Plans for the Service. The applicable Subscription Term Plan depends on your choice. Your Subscription Plan is selected during your Account registration and you can choose to change your plan at any time. Information about our standard plans can be found on our Pricing page (https://www.thisisepicstudio.com/pricing). All fees quoted on our Site are exclusive of VAT or any other taxes that may be applicable in your jurisdiction. You may upgrade or downgrade your Subscription at any time during your Subscription Term, upon which we will apply the respective fees on a pro-rata basis.
Following your current Subscription Term, we reserve the right to amend the Subscription Plans and/or Subscription Term at any time or introduce new fees and/or subscription levels or charges. We will provide you with thirty (30) calendar days' written notice in advance during which you will have the right to unsubscribe from, or change your current Subscription Plan, should you not agree with these amendments.
Subscription Term and Renewal
Trial Period. The duration of the trial period is specified during the Account creation process. At the end of the trial period, you will be prompted to enter your payment details if you have not already done so. If You've already updated your payment details, your credit card or PayPal account will be automatically charged on the displayed billing date on the billing section associated to your Account on in the Service.
Renewal Term. Unless you actively cancel your Subscription Plan before your Subscription Term (or any subsequent Renewal Term), you will be enrolled into an automatic renewing cycle for the same term at the conclusion of the Subscription Term (the "Renewal Term"). This applies to all Subscription Plans involving payment, and works the same for both monthly and annual renewals.
We do provide a refund in certain limited situations and for a limited period of time, please check our refund policy for further information: http://support.EpicStudio.com/article/show/refund-policy
You may terminate this Agreement at any time by requesting your account to be deactivated and deleted while logged into the Service. In the event this Agreement is terminated by you, you agree, without limiting any of our other rights or remedies, to pay all remaining fees payable through the remainder of your Subscription Term.
In the event this Agreement is terminated for cause by you due to our uncured material breach, you shall be entitled to a pro rata refund of all fees previously advanced to us from the date of the termination through the end of the Subscription Term.
EpicStudio may also terminate your right to use the Service with or without cause at any time. EpicStudio shall notify you via email to your registered email account if we terminate your Account. Your obligation to pay accrued charges and fees accrued up to the date of termination, shall survive any termination of this Agreement. In the event of any termination of this Agreement, the limitations on your use of the Service as set forth in Clause 7 and our warranties as set forth in Clause 10 shall survive such termination.
Upon expiration of the Subscription Term, or termination, your Subscription Plan shall immediately terminate.
Limited Licences
Subject to this Agreement, EpicStudio grants you a limited, revocable, non-exclusive, non-transferable and non-assignable licence to use the Service as a software as a service (SaaS) solution for enterprise, and commercial use subject to the other terms of this Agreement. You hereby agree not to resell any part of the Service. You shall not transfer, lease, sub-license, modify, reverse engineer, decompile or disassemble the Site and/or any part of the Service. You shall not copy, adapt, alter, modify, translate, or create derivative works of the Service without prior written authorization of EpicStudio. You represent and warrant that you shall not use the Service for illegal purposes or for the transmission of information that may be classified as unlawful, libellous, abusive, obscene or that infringes any rights, including Intellectual Property Rights of others. You shall not permit Third Parties to use the Service, with the exception of clauses 2.5 and 2.6 above, including but not limited to shared use via a network connection, except under the terms of this Agreement. In order to protect the Intellectual Property Rights to the Service, you shall not circumvent or disable any technological features or measures in the Service. You shall not use the Service, including in conjunction with, any device, program, or service designed to circumvent any deployed technological measures, in an attempt to control access to, or the rights in, a content file or other work protected by intellectual property laws. Any such forbidden use shall constitute a material breach of this Agreement and shall promptus, at our own discretion, to immediately terminate your right to access the Service. Any breach of this Clause shall make you liable for damages suffered by EpicStudio.
Proprietary Rights
Except as otherwise stated herein, all rights, titles and interest in the Site and/or the Service and any content contained therein is the exclusive property of EpicStudio, except as otherwise stated herein. Unless otherwise specified, the Service are for your limited use only and if you copy or download any information from this Site and/or Service, you agree that you shall not remove or obscure any copyright or other notices or legends contained in any such information.
you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes, in whole or in part, any information, software, products or service obtained from the Site and/or the Service, except for the purposes expressly provided herein, without EpicStudio's prior written approval.
Except for those Intellectual Property Rights that are already owned, registered or vested in your name, or those Intellectual Property Rights that are created by or for you during the duration of this Agreement, all EpicStudio trademarks, trade names, Service marks, logos and other Intellectual Property Rights in and to the Site and Service are proprietary to EpicStudio. Your use of any marks on the Site and Service in any manner other than as authorized in this Agreement, or as authorized in writing by EpicStudio, shall be strictly prohibited.
In the course of performing the Service, EpicStudio will have access to some of your Data. All rights, title and interest in the Data is your exclusive property, except as otherwise provided for herein throughout this Agreement.
EpicStudio shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes, in whole or in part, any of your Data belonging to You, except for the purposes of the provision of performing the Service expressly provided for herein, without any further prior need of approval or consent from You.
For the avoidance of doubt, EpicStudio will keep your Data confidential and maintain your Confidential Information in the strictest of confidence. In this respect, EpicStudio will not disclose or permit disclosure of your Data to any unauthorized person, and will only make such limited use as strictly necessary for EpicStudio to perform the Service. For the avoidance of doubt, all such rights to EpicStudio to use your Data shall be granted solely for the duration of this Agreement and in accordance with our Privacy Policy (https://www.thisisepicstudio.com/privacy-policy).
You acknowledge and agree that EpicStudio may disclose any Data if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any of your content and/or Data violates the rights of Third Parties; or (d) protect the rights, property, or personal safety of EpicStudio, the Site, the Service, its users, and the public. EpicStudio will use its best efforts to notify you in the event such disclosure is requested.
In the event that you provide EpicStudio with any feedback, suggestions, comments or improvements with respect to the Site and/or Service, you hereby grant EpicStudio with a non-revocable, sub-licensable and royalty free right and licence to make use of, copy, disclose, licence, and distribute such feedback, suggestions, comments or improvements in any manner without any obligations, of whatever kind, towards You. Nothing in this Agreement shall be construed as a limitation on EpicStudio to make use, develop and market any service incorporating the feedback, suggestions, comments or improvements that you have provided.
For the avoidance of doubt, all such rights to EpicStudio to use your Data shall be granted solely for the duration of this Agreement.
Confidential Information
The person in receipt of Confidential Information (the "Receiving Party") shall hold and maintain the Confidential Information in strictest confidence for the sole and exclusive benefit of the other party (for the purposes of this section, the "Disclosing Party").
The Receiving Party shall ensure restriction of access to Confidential Information to its employees, contractors and Third Parties as is commercially and reasonably required and shall require those persons to sign and abide by nondisclosure restrictions at least as protective as those contained within this Agreement.
The Receiving Party shall not, without the prior written approval from the Disclosing Party, use for Receiving Party's own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of the Disclosing Party, any Confidential Information.
The Receiving Party shall return to the Disclosing Party any Confidential Information and all records, notes, and other written, printed, or tangible materials in its possession pertaining to Confidential Information immediately where the Disclosing Party so requests in writing.
EpicStudio warrants and represents to you that:
The Service is provided in accordance with the Applicable Law;
The Intellectual Property Rights in any material provided by EpicStudio as part of the Service do not, to the best of EpicStudio's knowledge, infringe any Third Party Intellectual Property Rights when used in accordance with this Agreement;
EpicStudio will only use your Data in accordance with this Agreement, including its annexes; and
EpicStudio represents and warrants to you that it has all necessary rights and authority to enter into the Principal Agreement and any Addendum to perform the Service.
In no event shall EpicStudio, its owners, suppliers or any of their respective owners, directors, employees, contractors and/or agents be liable to you or any Third Party for any direct, indirect, special, exemplary, punitive or other consequential or incidental damages (including but not limited to any lost profits or revenue, interruption, loss of programs or other information, or any other pecuniary loss) arising directly or indirectly from (i) your use of or access to the Service, or any content, products or services distributed on or provided through the Site and/or Service, (ii) for any failure or interruption of the Site and/or Service; whether arising out of errors, omissions, loss of data, defects, viruses, interruptions or delays in operations or transmission or any other cause, whether based on warranty, contract, tort (including negligence) or any other legal theory, even if EpicStudio or its suppliers have been expressly advised of the possibility of such damages.
In any event, and without prejudice to the above, EpicStudio's total maximum aggregate liability under this Agreement, including any annexes herewith, or in respect of the use or exploitation of any part or all of the Service, the content or user material in any manner whatsoever shall not exceed the amount of your current subscription (that amount being your latest payment, whether monthly or annual).
Data Retention
EpicStudio commits to securely storing your data during your Subscription Term and in accordance with your Subscription Plan's timeframes. All data exceeding the stated timeframe will be routinely and permanently deleted from our systems.
You expressly acknowledge and accept that EpicStudio does not provide any archiving or backup services, and may delete Data that is no longer in use and exceeds the timeframes stipulated in the applicable Subscription Plan. EpicStudio expressly disclaims all obligations with respect to archiving, storage and backup of Data.
Assumption of Risk
you use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While EpicStudio has endeavoured to create secure and reliable Site and Service, EpicStudio is not responsible for the security of any information outside of its control. EpicStudio shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Site and the Service.
you hereby declare that you are aware that as a result of the global nature of the Internet and World Wide Web, the Site and/or Service are available online and may generally be accessible from anywhere in the world at any time. Access to the Site and/or Service may not be legal by certain persons or in certain jurisdictions. Access to and use of the Site and/or the Service are at your own risk and you shall be responsible for compliance with the laws of your jurisdiction and any jurisdiction in respect of which you use the Site and/or Service. You agree to comply with all local rules regarding online conduct and acceptable content in any generated content.
The Site and/or Service may include links to certain websites, materials, or content developed by Third Parties. EpicStudio has not reviewed all of the sites linked to its Site and/or Service and shall not be responsible for the contents of any such linked material. The inclusion of any link does not imply endorsement by EpicStudio of such material and EpicStudio shall not be held liable in respect of any links contained therein. Use of any such linked material shall be at your own risk. EpicStudio reserves the right, in its sole and absolute discretion, to discontinue links to any other material at any time and for any reason.
Unless you specifically withdraw your consent to this clause by sending an email at [email protected], you hereby acknowledge and consent to EpicStudio making use of any of your marks, logos and trade names to identify you as EpicStudio's customer on EpicStudio's Site and/or Service, in addition to any other marketing material. You can withdraw your consent according to this article at any time.
Enforcing Security
Actual or attempted unauthorized use of any of the Site and/or Service may result in the institution by us of criminal and/or civil prosecution. For your protection, we reserve the right to view, monitor, and record activity on the Site and/or Service without notice or further permission from You, to the fullest extent permitted by the Applicable Law, and only in accordance with this Agreement. This right extends to our review of tracking activity and details pertaining to claimed violations by You. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Site and/or Service.
If any provision of this Agreement is found, by any court having competent jurisdiction, to be unenforceable, that provision shall be limited to the minimum extent necessary so that this Agreement shall otherwise remain in effect to the maximum extent possible.
Our Indemnification Obligations: we agree to indemnify, defend, and hold you harmless, including any of your subsidiaries, employees, and shareholders, from and against any claims brought by Third Parties arising from or relating to our violation of a Third Party's Intellectual Property Rights directly arising out of your use of the Service in accordance with the terms of this Agreement. Notwithstanding the foregoing,we shall have no indemnification obligation with respect to any claims (i) arising out of or related to your Data (ii) to your violation of any applicable laws; (iii) your violation, whether alleged or actual, of any Third Party rights, including but not limited to data protection and privacy rights.
your Indemnification Obligations: you shall indemnify, hold harmless and defend EpicStudio, including any of its subsidiaries, employees, and shareholders ("EpicStudio Indemnified Parties"), to the maximum extent permitted, in full and in perpetuity, and at your own cost, from any third party liabilities, claims, costs, expenses, obligations, losses or damages, excluding indirect damages and consequential loss that may arise from (i) your unauthorised use of any material obtained through the Site and Service; (ii) your use and access to the Site and Service which is not in accordance with this Agreement; and (iv) your violation, whether alleged or actual, of any Third Party rights.
Indemnification Procedures: The parties' respective indemnification obligations above are conditioned on: (a) the indemnified parties giving the indemnifying party prompt written notice of the claim, except that the failure to provide prompt notice will only limit the indemnification obligations to the extent the indemnifying party is prejudiced by the delay or failure; (b) the indemnifying party has full and complete control over the defense and settlement of the claim; (c) the relevant indemnified parties providing assistance in connection with the defense and settlement of the claim (as long as the settlement does not include any payment of any amounts by or any admissions of liability, whether civil or criminal, on the part of any of the indemnified parties), as the indemnifying party may reasonably request; and (d) the indemnified parties' compliance with any settlement or court order made in connection with the claim. The indemnifying party will indemnify the indemnified parties against: (i) all damages, costs, and attorneys' fees finally awarded against any of them with respect to any claim; (ii) all out-of-pocket costs (including reasonable attorneys' fees) reasonably incurred by any of them in connection with the defense of the claim (other than attorneys' fees and costs incurred without the indemnifying party's consent after it has accepted defense of such claim); and (iii) all amounts that the indemnifying party agreed to pay to any third party in settlement of any claims arising under this Clause and settled by the indemnifying party or with its approval.
Infringement Remedy: If you are enjoined or otherwise prohibited from using any of the Service or a portion thereof based on a Third Party Intellectual Property infringement claim covered by our indemnification obligations under this Clause above, then we will, at our sole expense and option, either: (a) obtain for you the right to use the allegedly infringing portions of the Service; (b) modify the allegedly infringing portions of the Service so as to render them non-infringing without substantially diminishing or impairing their functionality; or (c) replace the allegedly infringing portions of the Service with non-infringing items of substantially similar functionality. If we determine that the foregoing remedies are not commercially reasonable, then we will promptly provide a prorated refund to you for any prepaid fees received by us under this Agreement that correspond to the unused portion of the Term. The remedy set out in this Clause is your sole and exclusive remedy for any actual or alleged infringement by us of any Third Party Intellectual Property Rights in the event that you are enjoined or otherwise prohibited from using any of the Service or a portion thereof based on a claim covered by our indemnification obligations under this Clause.
you shall be solely responsible with respect to defending any such claims, and for the payment of losses, costs, damages or expenses resulting from the foregoing to both a Third Party and to EpicStudio in connection therewith. You shall not, without the prior express written approval of EpicStudio, attempt to, or settle, dispose or enter into any proposed settlement or resolution of any claim (whether having been finally adjudicated or otherwise) brought against You, if such settlement or resolution results in any obligation or liability for EpicStudio. Provided that this clause shall survive termination of this Agreement, howsoever occurred, and termination of your access and/or use of the Site or Service.
Governing Law and Dispute Resolution
This Agreement is governed by, and construed in accordance with the laws of the Republic of France. The parties agree that any dispute or claim arising out of or in connection with this Agreement or its subject-matter, shall be subject to the exclusive jurisdiction of the Paris Court of Appeal. EpicStudio shall retain the right, at its option and for its exclusive benefit, to institute proceedings regarding or relating to your use of the Site and Service in the Courts of law of the country in which you reside.
Waiver of Jury Trial
you and EpicStudio waive their rights (if applicable) to a trial by jury relating to all claims and causes of action (including counterclaims) related to or arising out of this Agreement. This waiver shall also apply to any subsequent amendments or modifications to this Agreement.
No Class Actions
All claims between the parties, including parent companies and subsidiaries as mentioned in this agreement, related to this Agreement will be litigated individually and you will not consolidate or seek class treatment for any claim with respect to the Service.
Waiver of Compliance of this Agreement
Our failure to enforce, at any time, any of the provisions, conditions or requirements of the Agreement, or the failure to require, at any time, performance by you of any of the provisions of the Agreement, shall in no way waive your obligation to comply with any of the provisions of the Agreement or our ability to enforce each and every such provision as written.
Any and all waivers by either party hereto of any provision, condition or requirement of the Agreement will only be effective against the other Party if it is in writing and signed by an authorized officer of that Party, and any such written waiver will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Assignment and Delegation
Subject to the obtaining of our prior consent in writing, you may assign or delegate any of the rights or obligations arising under the Agreement. Any purported assignment and delegation shall be ineffective if our prior written consent has not been obtained. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to You.
Relationship of the Parties
Subject to the contrary set forth herein, nothing contained in these Terms of Service shall be interpreted or construed to create a partnership, agency, single employer, joint employer or any other type of employment relationship between the parties hereto, or to impose liability attributable to such relationship upon either party. Neither party will have any right, power or authority to enter into any agreement on behalf of, to incur any obligation or liability of, or to otherwise bind the other party.
Customer Responsibilities
you are solely responsible for the Customer Content that you or Authorized Users upload, publish, display, link to, or otherwise make available via the Service, and you agree that EpicStudio is only acting as a passive conduit for the online distribution and publication of the Customer Content and the online display of Mentions. EpicStudio will not review, share, distribute, or reference any Customer Content or Mentions except as provided herein, as provided in EpicStudio's Privacy Policy, or as may be required by law. Notwithstanding the foregoing, EpicStudio retains the authority to remove any Customer Content uploaded that it deems in violation of this Agreement, at its sole discretion.
Acceptable Use. You shall (i) be responsible for your and your Authorized Users' compliance with these Terms of Service, including the Fair Use Policy; (ii) be solely responsible for the accuracy, quality, integrity, and legality of Customer Content and of the means by which you acquired or generated Customer Content; (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Service, including keeping you password and user name confidential and not permitting any third party to access or use your user name, password, or account for the Service; (iv) be solely responsible and liable for all activity conducted through your account in connection with the Service; (v) promptly notify EpicStudio if you become aware of or reasonably suspects any security breach, including any loss, theft, or unauthorized disclosure or use of your (or any Authorized User's) user name, password, or account; (vi) use the Service only in accordance with applicable laws and government regulations; (vii) comply in all respects with all the terms of service of the Supported Platforms, such as:
the YouTube Terms of Service published at www.youtube.com/t/terms,
the Facebook Terms of Service published at https://www.facebook.com/terms.php and https://www.facebook.com/page_guidelines.php,
the Instagram Terms of Service published at https://help.instagram.com/478745558852511,
the Twitter Terms of Service published at https://twitter.com/en/tos,
the LinkedIn Terms of Service published at https://www.linkedin.com/legal/user-agreement,
or any terms of service issued by any social network you may manage using the Service.
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text:
Caution Caustic Hazard Barricade Tape - 3" X 1000' RollsManage
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outdoor use. Meets OSHA 1910.144 for marking physical hazards.

subset: commoncrawl


text:
- Home
- Airport Information
- History and Facts
History and Facts
Humble Beginnings
The original airport was a cow pasture located on the flats between Bismarck and Mandan, across the road from what was once Jerry's Supper Club. It was moved to Bismarck on the lowlands of South Washington Street during the 1920s.
The first officially owned airport of the City of Bismarck came into being by the leasing of 80 acres of land from F.B. Straus and Cora S McLean. For a time it was known as Straus Field. The (old) terminal buildings and hangars were located on the original tract of ground (80 acres,) which was later purchased by the city in 1940. At this time, the city purchased an additional 60 acres from the Wachter family. In 1940, the city acquired 160 acres from the War Assets Administration and has since purchased other tracts of land making a total of 2,400 acres today.
The First Flights
The first airline operation in Bismarck commenced in June of 1931, with Northwest Airlines making its inaugural flight using the "Stinson Detroiter" built by Stinson Aircraft. Types of aircraft used after the Detroiter were, the Hamilton, Lockheed 10 A, Lockheed 14 H, Douglas DC-3, Martin 202, Douglas DC-4 and DC-6, the Lockheed Electra, the Boeing 727, and now DC-9s.
Other airlines were used as well. Hanford Airlines was the first carrier operating on a north-south route to Bismarck and used a Lockheed Vegas plane. Mid-Continent Airlines merged with Hanford later and originated a north-south route from Tulsa, Oklahoma, to Bismarck using Lockheed 12s in 1939. This service was discontinued during World War II and resumed again in 1946. In 1952, Braniff Airlines purchased Mid-Continent Airlines and served this area with DC-3 equipment.
The Civil Aeronautics Board awarded North Central Airlines this portion of Braniff's routes in 1959, with two round trips daily. Frontier Airlines, a local service carrier began service in 1954. North Central Airlines and Frontier Airlines used some DC-3 equipment, but at that time were in the process of modernizing their fleets with Convairs and jet equipment.
Terminal Buildings
The first terminal building was constructed in 1936, as a part of WPA project and the large municipal hangar was completed as a WPA project in 1940. The first paved runways were constructed in 1940 as a part of a WPA program of airport development.
The 7th Ferry Command of the U.S Army Air Corps used the airport from 1943 to 1946. The land on which the main terminal is now located was formerly part of Fort Lincoln. It was given to the city in 1946, for airport purposes.
The first control tower was an addition to the (old) terminal building. Off-site drainage improvements, completed in 1950 and 1951, were part of the airports first construction project. The NW-SE runway, which was part of the main runway, was reconstructed in 1952, and the second phase of this runway construction was completed in 1957. It was lengthened to 6,925 feet in 1962 to accommodate jet aircraft. In 1978, another extension was completed stretching the main runway out to 8,794 feet, its current length today.
Airport Improvements
A major accomplishment in field improvements was made in 1964 and 1965, when a city water main and sanitary sewer was extended to provide adequate service to the "new" terminal that was under construction. A new north-south runway was built, taxiway and ramp to the new terminal was completed, field lighting was installed, the surface drainage project was complete, and a parking lot and access road to the new terminal was also completed.
The new terminal building, which had been long needed for growing air service, was a fitting climax to this construction phase, providing airport facilities and passenger amenities to the citizens that were befitting that period of time.
An addition was made to the terminal in the late 1970s, to include a baggage belt and baggage claim area. Construction again in the early 1980s, added a substantial amount of space to the south end of the terminal and included a second level with passenger boarding bridges attached.
In 1976, a new air traffic control tower was built on the south side of the passenger terminal. The old tower, located further north on the field was later taken down.
In 2017 the airport started a total reconstruction of the main runway, the largest project in the airport's 78 year history. The runway reconstruction project was a three year project that completely rebuilt the airport's main runway.
Current Terminal Building With Amenities
As time went on, and Bismarck grew, plans for a new terminal were born in 2000, and in the spring of 2005 the City of Bismarck completed construction and dedicated the new 70,000-square-foot terminal, which is used today. The terminal building is 57 feet tall with sky painted vaulted ceilings, a geothermal heating and cooling system, and a state of the art baggage handling system.
Other amenities include a restaurant with beer and wine service, business kiosks with plug-in internet access, and wireless internet. The new building is located just northwest of the old passenger terminal, which was demolished after moving into the new building.
Flight Plans
United Express added scheduled service to the airport August 1, 1992. They operate direct flights from Bismarck to Denver, Colorado. Low cost carrier Allegiant Airlines added scheduled flights direct from Bismarck to Las Vegas in May 2004, Mesa, Arizona service in October of 2008 and Orlando Stanford service in November 2013. Allegiant typically operates two to six flights per week to each destination depending on the time of year. Delta Air Lines, since merging with Northwest Airlines in 2009, continues to operate regularly scheduled flights from Bismarck to Minneapolis, Minnesota They have been serving the Bismarck Airport for over 75 years. Frontier Airlines began non-stop service to Denver, Colorado in May of 2012 and held service for 10 years. The newest airline to Bismarck is American Airlines with daily non-stop service to Dallas Ft. Worth. American started service in Bismarck October 2014.


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Usually when you're able to solve a riddle, you feel pretty good about yourself, but if you can figure out this one then you might need to talk to a therapist.
Apparently, if you correctly answer this brainteaser, you're a psychopath.
The riddle is:
While at her own mother's funeral, a woman meets a guy she doesn't know. She thinks this guy is amazing - her dream man - and is pretty sure he could be the love of her life. However, she never asked for his name or number, and afterwards, could not find anyone who knew who he was. A few days later, the girl kills her own sister. Question: Why did she do it?
Did you figure it out? A psychopath would know the answer is that the girl killed her sister because she hoped the mystery guy would also show up to her sister's funeral and she would be able to see him again.
If you got it right, don't start padding up your walls just yet - no one knows where the riddle came from so it's not like it is a professionally approved method for diagnosing psychopaths.
Anyways, according to Psychology Today, only 1% of the population are true psychopaths.


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text:
The stock market momentum keeps building.
Stocks hit fresh record highs last week, marking a third week of gains for all three indexes. The Dow Jones Industrial Average and the S&P 500 both held firmly above key psychological levels -- 15,000 and 1,600 respectively. The Nasdaq rose 1.7% for the week.
Investors will be looking to power the upward push with fresh data from the housing market, manufacturing and consumer spending.
The housing boom is raging on, thanks to record low mortgage rates and government support in the form of the Federal Reserve buying $85 billion in mortgage-backed securities and Treasuries each month. Home prices have rebounded and new home sales has picked up.
But investors will be watching closely to make sure the housing market hasn't lost its steam, especially after the April jobs report showed a drop in construction employment. The National Association of Home Builders' market index, housing starts and building permits are due out throughout the week.
How Americans are feeling about the state of the economy will also be in play this week, as retail sales and Michigan consumer sentiment bookend the week on Monday and Friday.
Lately, consumers are feeling fine, if the April jobs report is any indication. Retail and food services experienced some of the strongest job growth in the report, adding 29,000 and 38,000 positions respectively.
Experts say this shows that households are more willing and able to go out and spend, which drives job growth.
Related: Nikkei at 5-year high after best week since 2009
A smattering of reports on the U.S. manufacturing sector, including business inventories, empire manufacturing, industrial production, capacity utilization and a report from the Philadelphia Fed, are on tap.
On the corporate front, J.C. Penney (JCP) will release its first quarter earnings on Thursday. Last week, the company released preliminary results showing that sales decreased about 16% in the quarter.
The company has been struggling to get customers back in stores from policies installed by former CEO Ron Johnson, who was ousted recently. Johnson had tried to implement many changes in the stores -- from overhauling prices to ditching older brands -- to no avail: sales fell and shares of the company tumbled 50% during his tenure.
Earlier this month, J.C. Penney copped to making mistakes and pleaded with customers to come back in an ad aired on TV and its YouTube channel.
The ad says the company listened to what customers want and need. "Come back to J.C. Penney," it urges. "We heard you. Now we'd love to see you."


text:
- This event has passed.
Fast Eddy's – Tok, AK
October 18, 2014Free
Contact: John Rusyniak
(907) 883-3124 or (907) 883-2070
When: October 18, 2014
Community Event
12:00 PM – Luncheon, followed by "Everything You Always Wanted to Know About Religion" & a Question/Answer time.
Where: Fast Eddy's
Mile 1313 Alaska Hwy
Tok, AK 99780
Who: Eric Hovind
Eric Hovind grew up immersed in the world of apologetics and, following college graduation in 1999, he began full-time ministry. As President and Founder of the Pensacola-based organization, Creation Today, Eric's passion to reach people with the life-changing message of the Gospel has driven him to speak in five foreign countries and all fifty states. He lives in Pensacola, Florida with his wife Tanya and three children while remaining excited about the tremendous opportunity to lead an apologetics ministry in the war against evolution and humanism.
Ministry: Creation Today


text:
Could paying for bone marrow cells really boost the number of donors? The Obama administration is taking steps to block a federal court ruling that had opened a way to find out.
Buying or selling organs has long been illegal, punishable by five years in jail. The 1984 National Organ Transplantation Act that set the payment ban didn't just refer to solid organs - it included bone marrow transplants, too.
Thousands of people with leukemia and other blood diseases are saved each year by bone marrow transplants. Thousands more, particularly minorities, still have trouble finding a genetically compatible match even though millions of volunteers have registered as potential donors under the current altruistic system.
A few years ago, the libertarian Institute for Justice sued the government to challenge that system. It argued that more people with rare marrow types might register to donate - and not back out later if they're found to be a match - if they had a financial incentive such as a scholarship paid by a nonprofit group.
Ultimately, a panel of the 9th U.S. Circuit Court of Appeals ruled that some, not all, marrow donors could be compensated - citing a technological reason. Years ago, the only way to get marrow cells was to extract them from inside bone. Today, a majority of donors give marrow-producing cells through a blood-filtering process that's similar to donating blood plasma. Because it's legal to pay plasma donors, the December 2011 court ruling said marrow donors could be paid, too, as long as they give in that newer way.
"They're not even transplanting your bone marrow. They're transplanting these baby blood cells," said Jeff Rowes, an attorney with the Institute for Justice. It represented some families who'd had trouble finding donors, and was pushing for a study of compensation as a next step.
Not so fast, says the Obama administration. The government now has proposed a regulation to keep the ban intact by rewriting some legal definitions to clarify that it covers marrow-producing stem cells no matter how they're derived.
"It is not a matter of how you obtain it," said Shelley Grant of the Health Resources and Services Administration's transplant division. "Whether we obtain them through the marrow or the circulatory system, it is those stem cells that provide a potential cure."
The proposal is open for public comment through Monday.
"Should we be paying for parts of people's bodies which then can be used to help other people?" said Mary Ann Baily, a Hastings Center fellow who has long studied the question of transplant compensation. "We've been very reluctant to do that partly because it's a very messy thing to do and to manage so that bad things don't happen," such as exploiting the poor.
Moreover, some patients fare better with marrow cells derived from bone, said Dr. Jeffrey Chell of Be the Match, the National Marrow Donor Program. The registry opposes financial incentives as "really another form of coercion," he said, noting that international registries that share donor information with the U.S. also ban compensation.


text:
South Africa miners' union threatens strike on Thursday
South Africa's largest union threatened Friday to bring gold and platinum mining and other industries to a halt next week in a strike to support a stoppage by 1.3 million state workers.
The strike by state workers seeking pay raises more than double the inflation rate started last week and has led to school closures, prevented medical treatment and caused bodies to pile up at state-run morgues.
The National Union of Mineworkers said its members would launch the solidarity strike next Thursday, limited to one day for now but it could be prolonged which would deal a blow to the country's mining sector -- responsible for 5 to 6 percent of South Africa's gross domestic product.
NUM is the biggest union in the country's largest labour federation COSATU, which says it has 2 million members and on Thursday filed seven-day strike notices that would allow members in affiliated unions to strike..
The NUM fully supports the public sector strike and would next week Thursday ensure that every mining operation, every construction site and every energy worker joins the public sector strike in different forms, it said in a statement.
South Africa is the world's fourth largest gold producer and largest platinum producer, with mines turning out about 488 kg (1,076 lb) of gold and 385 kg of platinum a day.
The country's biggest firms, such as Anglo Platinum, Impala Platinum and Harmony Gold Mining, have stockpiles of the precious metal and would not be hard-hit if it was a one-day work stoppage.
Thousands of municipal workers defied a court order and staged a one-day sympathy strike Friday that slowed garbage collection in major cities.
The NUM said Friday some workers at a Rio Tinto-BHP Billiton titanium joint venture had also downed tools in a dispute over wages.
The government has said it cannot afford the state workers' demand of an 8.6 percent wage rise, more than double the inflation rate, and 1,000 rand ($137) a month as a housing allowance. It has offered 7 percent and 700 rand.
Any agreement to end the dispute is likely to swell state spending by about 1 to 2 percent, forcing the government to find new funds just as it tries to bring down a deficit totalling 6.7 percent of gross domestic product.
Spending on personnel is the biggest category of state expenditure, taking up about a third of the budget. In 2006/07, about 35 percent of tax revenue went to paying state employees and that rose to about 46 percent in 2009/10, which means any wage deal could lead to increased taxes.
Jasson Urbach, an economist with the Free Market Foundation, estimated the work stoppage was costing the economy about $150 million a day.
An expanded strike would add to worries about prospects for growth after the economy slowed more than expected in the second quarter of 2010 as mining contracted and manufacturing expanded at a slower pace.
Pressure is mounting on the government to reach a deal before it deals a significant blow to Africa's largest economy, which might also help it mend ties with COSATU, which has said their decades-long alliance was in jeopardy of rupture.
The unions are under the gun to reach a deal with public opinion turning against them after strikers harassed students trying to go to school and blocked the sick from seeking medical care, which health officials said led to several deaths.
(Additional reporting by Peroshni Govender, Phumza Macanda and Shapi Shacinda; Editing by Alison Williams)
Armenia And Azerbaijan: Ex-Soviet Neighbours And Enemies
One Of Britain's Most Famous Trees 'Deliberately Felled'
Sony PlayStation CEO Ryan To Retire
Trump's Business Empire Threatened By Judge's Ruling
US, India Raise Concerns Over Chinese Research Ship's Potential Visit To Sri Lanka
World Bank Chief Pledges To Reform 'Dysfunctional' Development Lender
India's Foreign Minister Hits Back At Canada, Slams 'Organized Crime, Violence, Extremism' In The Country
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Taiwan Should Aspire To Make Itself 'Indigestible' To China, Says Expert
Hi, Robot: Machines Take Over At China's Asian Games


text:
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Accepted Scientific Name: Oreocereus trollii Kupper
Monatsschr. Deutsch. Kakteen-Ges. 1: 96, in obs. 1929
Growing habit on the the mountains of Humahuaca in the province of Jujuy, Argentina 3400 metres above sea level.
Origin and Habitat: South Bolivia (Chuquisaca, Tarija, Potosí ), North Argentina (Jujuy, Salta )
Altitude: 2900-4300 metres above sea level.
Habitat: It grows in very arid mountainous area where its thick hair protects it against light night frosts and from the intense sunlight found at the altitude in which it resides.
- Oreocereus trollii Kupper
- Borzicactus celsianus var. trollii (Kupper) G.D.Rowley
- Borzicactus trollii (Kupper) Kimnach
- Cereus trollii Kupper
- Pilocereus trollii Kupper
Oreocereus trollii Kupper
Monatsschr. Deutsch. Kakteen-Ges. 1: 96, in obs. 1929
Synonymy: 10
- Oreocereus trollii Kupper
- Borzicactus celsianus var. trollii (Kupper) G.D.Rowley
- Borzicactus trollii (Kupper) Kimnach
- Cereus trollii Kupper
- Pilocereus trollii Kupper
- Oreocereus irigoyenii Frič in Möller
- Oreocereus trollii var. crassiniveus (Backeb.) Backeb.
- Oreocereus crassiniveus Backeb.
- Oreocereus trollii f. cristata hort.
- Oreocereus trollii var. tenuior Backeb.
ENGLISH: Old Man of the Mountain, Old Man of the Andes
Description: Oreocereus trolliiSN|3392]] a.k.a. the Old Man of the Andes is a s shrubby columnar cactus with fine, completely enveloping hair and powerful coloured spination, but much dwarfer in stature than Oreocereus trolliiSN|5952]]. Young plants of Oreocereus celsianusSN|3392]] are also very popular in small cacti collections.
Habit: It branches at the base and forms clumps of short chunky columnar shoots that can lay sideways with time. In young plants the shoots are like thick spheres and difficult to recognise as belonging to an Oreocereus.
Stems: 6-10 cm in diameter, at first almost globular, then up to1 m tall (usually less than 50 cm), light-green with a dense, cocoon-like covering of wool (actually radial spines that have evolved to resemble "hairs"), which entirely covers the stem and from which spines emerge.
Ribs: 15-25, low, strongly tuberculate.
Radial spines: Oreocereus trolliiSN|3392]] has 10 to 15 very fine creamy-white or greyish modified spines up to 7 cm long that look like hair or wool.
Central spines: 3-5, stout awllike-like up to 5 cm yellow, orange, orange-red or brown, dark tipped, protruding through the fine, woolly, hair-like radial spines..
Flowers: Up to 4 cm long pink to violet red and semi-tubular in shape.
Blooming season: Summer.
Fruits: Globose.
Subspecies, varieties, forms and cultivars of plants belonging to the Oreocereus trollii group
- Oreocereus trollii Kupper
- Oreocereus trollii f. cristata hort.
Bibliography: Major references and further lectures
1) Edward Anderson "The Cactus family" Timber Press, Incorporated, 2001
2) James Cullen, Sabina G. Knees, H. Suzanne Cubey "The European Garden Flora Flowering Plants: A Manual for the Identification of Plants Cultivated in Europe, Both Out-of-Doors and Under Glass" Cambridge University Press, 11/Aug/2011
3) David R Hunt; Nigel P Taylor; Graham Charles; International Cactaceae Systematics Group. "The New Cactus Lexicon" dh books, 2006
4) Urs Eggli, Leonard E. Newton: "Etymological Dictionary of Succulent Plant Names" Springer, Berlin/Heidelberg 2010
5) N. L. Britton, J. N. Rose: "The Cactaceae. Descriptions and Illustrations of Plants of the Cactus Family." Volume II, The Carnegie Institution of Washington, Washington 1920
6) Gerhard Gröner, Erich Götz "Beautiful Cacti: A Basic Grower's Guide" Sterling, 1992
7) Walther Haage "Cacti and succulents: a practical handbook" Dutton, 1963
8) Sir Oliver Leese "Cacti" Triune Books, 1973.
Fruiting habit at La Quiaca, Jujuy, Argentina. (Oreocereus trollii) Photo by: Diego Armentano
Cereus trollii (Oreocereus trollii) Photo by: Valentino Vallicelli
Cereus trollii (Oreocereus trollii) Photo by: Valentino Vallicelli
Cereus trollii (Oreocereus trollii) Photo by: Cactus Art
Rebutialand cactus collection Demjén, Hungary. (Oreocereus trollii) Photo by: Agócs György
Cereus trollii (Oreocereus trollii) Photo by: Valentino Vallicelli
Cereus trollii (Oreocereus trollii) Photo by: Cactus Art
The gallery now contains thousands of pictures, however it is possible to do even more. We are, of course, seeking photos of species not yet shown in the gallery but not only that, we are also looking for better pictures than those already present. Read More...
Cultivation and Propagation: Oreocereus trolliiSN|3392]] is a a much decorative frost hardy cactus easily found in cultivation.
Soil: Grow it in a rich and particularly draining substratum, as it is very sensitive to rottenness when in presence of humidity and low temperatures and let the soil dry out between waterings.
Water: In summer, during the vegetative period, it must be regularly watered, but allowing the substratum to completely dry up before irrigating again; in winter, it's to be kept dry. Preferable not to water on overcast days, humid days or cold winter days.
Hardiness: The plant is tolerant of temperatures down to 10° C (or less) if kept dry and in a dormant state during the winter. In wet winter areas it is recommended to keep the plant in a sunny greenhouse enclosure to keep dry and protected from wet conditions. However in cultivation it is better not to expose it to temperatures lower than -5° C, even if in an aerated and protected location In presence of high atmospheric humidity avoid any frost as it is particularly sensitive to root rot. Outdoors this plant is very adaptable, as long as you avoid excessive humidity in the winter months.
Exposure: It need full sun exposures with ample airflow for best appearance, but, as a former mountain dweller, does not care for extremely high temperatures in summer.
Maintenance: Repot in the spring, when their roots become cramped. Generally, they should be repotted every other year in order to provide fresh soil. After repotting, do not water for a week or more.
Use: Excellent as landscape or patio plant. It is suitable for small "desert" gardens, in association with other xerophytes. Where the open air cultivation is not possible due to the climate, it is to be cultivated in pot in order to shelter it in winter.
Propagation: By seeds and by cuttings, provided left drying up well, in summer.
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|Back to Cactaceae index
|Back to Cacti Encyclopedia index


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Simple Principles for World Revolution
- Disintermediation of the relation between the lead workers and the consumer of ihr labor so that it is that of one sovereign to another.
- Production for use¹ (at cost) of socially necessary goods and services transparently accounted in a common money based on labor time which working people create themselves.
- A pragmatic transitional Program but one that never compromises the most rapid advancement to the realization of these two end goals (political disintermediation and de-privatisation of the basis of subsistence/production).
So for example the first principle might be worked out at lower levels than provincial or national level before regionally or internationally but from the beginning it should sweep clean private tyrannies and conspiracies from the bottom up. And it might not be able to be applied at the local level until there is sufficient understanding of how to do so. But an advancement in understanding is itself a sufficient gain that its solidification can be associated with a more or less sudden collapse rather than a slow withering away of structures of the old society can be anticipated. Similarly the fiat money of the nation-state system can co-exist with the new relegated to its proper sphere.
Lycurgus (talk) 23:39, 18 March 2015 (UTC)
¹Bifurcated post revolutionary situation where the sphere of reproduction and unnecessary production separate.
Reply to struth on an Article by E.J.Dionne
WaPo closes comments after two weeks so I'm compulsively responding to this reply to my comment on E.J. Dionne's article Capitalists should listen to Bernie Sanders.
In another place I will comment on the careful use of language, but yes that's right, that's a main sense of the term "Capitalist". It's also true of course that I would be committing a fallacy of composition if I asserted that the owner of a factor of a thing was the owner of the thing. It's also true there is no cheat or exploitation when labor is fairly compensated for its factor in production, by established market values, presuming those market values are in fact fair.
However as Marx and Marxists will explain, the essence of this system is 1) the expropriation of the surplus value (which is called "profit") in the struck price of the house or car and 2) the basing of all production and indeed all of society on this scheme of expropriation, as an "ism" (cf Heilbroner, Nature of Capitalism).
Moreover, the lie or cheat and attempt at domination are clear in the general failure of honest accounting which is at the core of this system. In principle, the Marxists complaints could and can be dismissed where there is open and clear accounting, at least insofar as a narrow focus on the deal in production is concerned, which for that matter are to some extent required at least at the level of monopoly/big Capital. In that case the Capitalist is simply a (possibly vincibly corrupt) knowledge Worker and charges a known amount for her factor of organizing production.
But the entire system is based on subverting such openness in accounting which is why I wanted the current POTUS to be in a contest with Sanders, although the latter is a poor anti partner to the former, who is more or less an epitome of the system, a pure brand rentier with not even the role in production common to a Gates or in speculation to a Buffet. It is also a poor basis for the structuring of society, substituting what is appropriate to individual motivation as an organizing principle for a collective without an actual means of reconciling the different interests.
When labor is relatively simple and easily commodified such as in manufacturing line workers the model can work fairly well. However when such commodification is impossible as for example in the intellectual worker, or when collective interests can't be reduced to individual gain the system fails and blocks needed responses.
Excellent as an economic regime under enlightened leadership as the Chinese Communist Party has shown and was the case here when it was in planetary opposition.
disasterqualified success for some at best as a basis for society per se.
Lycurgus (talk) 21:37, 12 February 2017 (UTC)
A Religious Definition of Communisms
That spectrum of conceptions of the organization of society, in which it, society as a whole, has effectively reached full self-consciousness, transcending those objectifications of the other vestigial in socialisms and which are the hallmark of primitive social orders, in a pure relation of the individual to society, not just the nation state, local power elites, revolutionary cadres, etc. but the totality of living beings of at least one's species of origin. 18.104.22.168 (talk) 15:11, 4 December 2011 (UTC)
about CANDE
I wrote the B6500 version of CANDE, which was quite different from the 5500 version, and both have been heavily modified over the years. You can contact me at ivan at ootbcomp dot com.
- noting Igodard wrote above, so there's no confusion I'm saying I wrote the CANDE MCS. 184.108.40.206 (talk) 13:13, 21 April 2014 (UTC)
End of IP editing
The situation with ip edits is like the failure of Socialism with the current human stock, the masses of the old society, this being borne to me by the recent need to block such from the US Congress. Until now I felt that it was preferable to defend anonymous editing in the spirit of wiki but I see the wrongheadedness of this now so will only edit mainspace with this account which is the only named one I've ever used to edit here. Lycurgus (talk) 05:54, 28 July 2014 (UTC)
- Followed this policy until end of 2015 then gradually reverted to mostly by the ipv4 address used for 2y or so up to this point and whose talk page I've reset back so it can be released/reused. Lycurgus (talk) 06:18, 25 June 2016 (UTC)
- Probably will, and do want to stop completely at some point, still compulsively correcting, responding to tags, the more egregious distortion/falsehoods, mostly by IP for last 6 mo or so, and always clearly traceable back to here. 220.127.116.11 (talk) 22:22, 15 April 2017 (UTC)
The Future of an Illusion
I don't have time to defend content from attack such as this article is currently under. There's a modicum of social service I will perform here but pretty much at or past my limit in dealing with the individual attacking this article. Will pull this into my space and change the link on my user page to point to it rather than conflict with the individual FreeKnowledge-Something. The established and ongoing policy, otherwise my wiki editing service would be a horror of dealing with such individuals. Don't want. I will work with others to defend the public content, otherwise TRTTD is the course mentioned/taken. Lycurgus (talk) 09:02, 15 March 2015 (UTC)
- In closing (I hope) noting that I didn't carefully read everything the individual had to say, in particular didn't read all the text he put on the talk thread I opened. Lycurgus (talk) 09:53, 15 March 2015 (UTC)
Help fix the gender bias on Wikipedia?
Hi there - I'm working on four fix-the-Gender-Bias articles, listed here User:LeoRomero/scxc. Could use your expertise. - Thanks and Mabuhay! - LoRETta/LeoRomero 18:59, 15 December 2015 (UTC)
- Hi LeoRomero :) I am sympathetic to your cause but I have a new year's resolution for 2016 to sharply reduce the time I spend in general internet/social media, such as wikimedia. It's just for a year, so I will revisit this at the end of 2016. However, SFAIK, outside of whatever the ambient culture has, there's no such bias known to me in the English wikipedia. Lycurgus (talk) 03:08, 31 December 2015 (UTC)
- I'm not planning to resume editing so responding now. Since the response above have learned that wiki recognizes WP:BIAS but basically it's what I allude to, namely a result of the demographics of the primary contributors. Nonetheless acknowledging it is a thing. Since there's a whole set of projects addressing it ... . Lycurgus (talk) 21:36, 25 August 2016 (UTC)
On the sogennante 'Fermi Paradox'
It's only a paradox because we are just at the point where we can ask the question, having only had language and what is called thinking, civilization, and science for successively shorter periods of time. Today there is still no human culture based on scientific values and only 1 known to me with any program to have such a basing. So in a way even asking the question is presumptuous, given the current state of cultural development of the questioner.
I think the most cogent analogy is to the so-called uncontacted peoples, a few of which remain. It's only approximate of course because no human population has ever had a comparable isolation but from the point of view of the posing of the question/paradox it's pretty direct.
Uncontacted peoples of today exist in the same human environment that, from the point of view of persons reading this text, is saturated with communications. These communications are all around them but they simply are not at a stage where they can access them and the larger human culture is finally at a stage where it will allow them to develop at their own pace, remain uncontacted, at least to the extent it can control itself in such things as habitat conservation.
There is surely a cosmic civilization which is possibly older than the solar system, certainly much older than the entire human lineage, and likely has had some interaction with it, is aware of the development of life in this system. The new details found on planet formation and thus the basis for intelligent life make this clear. For the same reasons that we do not contact the uncontacted peoples, including the ethical burdens such contacts would impose on the superior culture, we are not contacted by that civilization. We are probably still pretty uninteresting (or worse) at this point, except to developers, researchers, or tourists, so why would a cosmic culture vastly superior in every way, including morally risk an unforced contact with us?
Nothing stops us from developing to the point where we can, if you will, discover radio and stop listening for jungle drums or looking for smoke signals. A substantial advance in physics will be required to understand this of course (as opposed to just use it, here the analogy is to the masses in world culture that use semi-conductor based technology but are oblivious to the principles of quantum mechanics upon which it is based), but at least we have a physics, primitive peoples only have their religion. Lycurgus (talk) 03:53, 31 December 2015 (UTC)
File permission problem with File:Axion brand PEMS Unit, Portable Emissions Measurement System.jpg
Thanks for uploading File:Axion brand PEMS Unit, Portable Emissions Measurement System.jpg. I noticed that while you provided a valid copyright licensing tag, there is no proof that the creator of the file has agreed to release it under the given license.
If you are the copyright holder for this media entirely yourself but have previously published it elsewhere (especially online), please either
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If you believe the media meets the criteria at Wikipedia:Non-free content, use a tag such as Template:Tl or one of the other tags listed at Wikipedia:File copyright tags#Fair use, and add a rationale justifying the file's use on the article or articles where it is included. See Wikipedia:File copyright tags for the full list of copyright tags that you can use.
If you have uploaded other files, consider checking that you have provided evidence that their copyright owners have agreed to license their works under the tags you supplied, too. You can find a list of files you have created in your upload log. Files lacking evidence of permission may be deleted one week after they have been tagged, as described on criteria for speedy deletion. You may wish to read Wikipedia's image use policy. If you have any questions please ask them at the Media copyright questions page. Thank you. — Diannaa (talk) 17:56, 12 March 2016 (UTC)
- Please refer to GMRV on this, I do not have a current biz relationship with them, was a W2/4 employee at the time, and the action was approved by Earl (COO and I think the person who captured the image) and implicitly the ownership. I believe the admin (Michele Simmons) was supposed to supply anything needed in terms of what you may be asking for. I believe they are still in biz, still the only actual thing matching the article subject (PEMS), and likely will still want the image (or another) prominent in the article. Lycurgus (talk) 10:45, 13 March 2016 (UTC)
- https://www.linkedin.com/company/global-mrv-inc is the only web presence I could find working right now. They should be reachable if you leave a message at some provided contact, earl.leatherland and michele.simmons @ globalmrv.com and firstname.lastname@example.com should work unless they're no longer in biz, in which case you can decide. 22.214.171.124 (talk) 11:36, 13 March 2016 (UTC)
- Also http://www.greencarcongress.com/2015/10/20151008-firefly.html shows the next generation thing which may be an alternate for the image which was placed upon request. I do believe GMRV personnel have had a hand in the text of the article, and that an individual (departed long b4 my involvement) may have done the original article, but I only placed the image. Lycurgus (talk) 12:50, 13 March 2016 (UTC)
- Haven't received any active feedback, but my sense is they were sold/moved. So fine to let the automation delete the image I think. 220.127.116.11 (talk) 04:51, 15 March 2016 (UTC)
I did speak to Michelle and she indicated they were aware. 188.8.131.52 (talk) 13:20, 15 March 2016 (UTC)
- Old chat page being replaced, other maintenance of static links in my user space here to my domains this summer mostly done, mediawiki and other upgrades still WIPs, will update the § title link above when done. Lycurgus (talk) 23:50, 14 May 2017 (UTC)
18.104.22.168, should you make it here, I encourage you to make an account if you are going to edit the wiki as I did when I began to do so. After that you can still edit by ip but you will have recourse to something other than just that ip. I don't feel compelled to respond to your request but I will note (again) that thought/language are complex matters which you are completely free to work out for yourself, in whatever way and time you have. There are many ways to interpret the term "Antireligion", one of which is noted in Jiddu Krishnamurti whose rejection of a messianic cult in his name is an On This Day item today.
Should you decide to work the article, an interesting use of the term not currently noted in the article would be as a substantiation of what Krishnamurti noted and currently itemized as #3 in the Schools § of his article. This and the itemized logical program I gave in response to your complaint on the Antireligion talk page both refer to the possibility of a school or schools of thought which would be rightly called an "Antireligion". This connotation of the term is not currently in the Antireligion article and as a result of a number of factors probably never will be, but it is likely a more productive thing than your efforts in re "Antireligionists" which may be a non-starter in English as there are other terms already established. 22.214.171.124 (talk) 21:44, 3 August 2017 (UTC)


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My great-great-uncle, William Carlos (or W.C.) Brown, was a senior executive of the New York Central Railroad when Manhattan's Grand Central Terminal was built in the early 20th century at 42nd Street and Park Avenue. He was one of its Vice Presidents, 1902-1906; Senior Vice President, 1906-1909; and President, 1909-1913.[1]
As we will see in this post, W.C. rose to these important positions with the New York Central from very modest beginnings. He was a 19th century railroading success story.
On July 29, 1853, W.C. and his twin brother, George Lyon, were born in Norway, New York. His father was my maternal great-great-grandfather, Rev. Charles Edwin Brown, who was recuperating in his native upstate New York from "inflammatory rheumatism" he had caught while working as a Baptist missionary in the Iowa Territory (and State after 1846). W.C.'s mother (and my maternal great-great-grandmother) was Frances Lyon Brown.[2]
Four years later (July 1857) Rev. Brown returned to Iowa to continue his missionary work in the northeastern part of that State.[3] Going with him were his wife and their four sons: Charles Perry, 17 years old; James DeGrush (my maternal great-grandfather), 11 years old;[4] and the four-year old twins, William and George.
William in 1869, at the age of 16, after being educated at home and in schools in small towns, started working as a "section hand and wooder" in Illinois for the Chicago, Milwaukee & St. Louis Railroad ["the Milwaukee Road"]. During the day W.C. loaded, unloaded and piled wood that powered the seam-engines of the locomotives. At night he learned telegraphy skills from the station agent.
This was the start of Brown's 33-year journey in the railroad industry to become a senior executive of the New York Central Railroad in New York City.
By the spring of 1870 he was a telegraph operator for the Milwaukee Road in Iowa, and the next year (1871) he was promoted to night-operator at the Road's train dispatcher's office in Minneapolis, Minnesota.
In 1872 W.C. left the Milwaukee Road to join the Illinois Central Railroad as train dispatcher in Iowa. Three years later, in 1875, he was hired in the same position at another Iowa town by the Chicago, Rock Island & Pacific Railroad.
The Chicago, Burlington & Quincy Railroad ("the Burlington Road") was the next stop on W.C.'s advancement in railroading for the next 18 years. From 1876 to 1880 he was a train dispatcher in Iowa, and during a blizzard he volunteered to help rescue cattle from 400 stalled cattle-cars. This demonstration of ability to act in an emergency and his other skills brought him successive promotions to chief dispatcher, trainmaster, assistant superintendent and then superintendent for the Burlington Road from 1880 to 1890.
In the 1880's while on duty in St. Louis, W.C. pulled a switch to let a train proceed in the middle of striking switchmen holding rifles. He instantly was anointed with the nickname: "Little Man Unafraid." This moniker was used again when in 1888 he took over as engineer to take a train out of Ottumwa, Iowa during an engineer's strike and safely piloted the train to Chicago. Perhaps for the working men on the railroads, he was known as "the Strikebreaker."
From 1890 to 1896, W.C. was general manager for several railroads with operations in Missouri (Hannibal & St. Joseph; Kansas City, St. Joseph & Council Bluffs; and Chicago, Burlington & Kansas City). In 1893 after learning that a band of robbers were planning to hold up a passenger train, Brown quietly replaced the passengers on that train with armed policemen in the baggage car. When the bandits stopped the train and forced the engineer and fireman to open up the baggage car, the bandits were surprised to be looking into the barrels of police rifles. The robbery was foiled, and a St. Louis newspaper said, "the lives of some innocent passengers, were undoubtedly saved. Mr. Brown thus adds another circlet to the palm and laurel which he already wears."
In 1896 W.C. returned to the Burlington Road as general manager. This prompted an Ottumwa newspaper to say, "There are a few especial reasons for Brown's success. He took whatever duties that were assigned to him and gave them his best effort. His methods were always clean and honest and his treatment of his subordinates and of the public has been based on the same candor and courtesy accorded his superiors in rank. The story of his life reads like a romance and in this story is the greatest incentive to youth, for hard work, intelligent effort, and clean methods, in whatever is undertaken."
Brown remained with the Burlington until 1901 when at age 48 he joined the New York Central system as Vice President and General Manager of its Lake Shore & Michigan Southern Railroad, which ran from Buffalo along the southern shore of Lake Erie through Cleveland, Toledo, and South Bend to Chicago, and of its Lake Erie & Western Railroad, which ran from Fremont Ohio to Bloomington Illinois.
Thus, over his past 33 years, W.C. had advanced from a manual laborer handling wood for steam-engines to become the C.E.O. of two railroads affiliated with the New York Central Railroad. He did this with the modest education available in small towns on the prairie. This remarkable journey shows the amazing employment opportunities then available in railroading before the age of university business education.[5]
During this period of career advancement, W.C. married his sweetheart from Lime Springs, Mary "Ella" Hewitt, in 1874 in her parents' home in the town, and their five children were born: Georgia Frances Brown, 1875; Charles Edwin "Eddie" Brown, 1877; Lura Belle Brown, 1880; Bertha Adelaide Brown, 1882; and Margaret Heddens Brown, 1891. Two of the children died during this period: "Eddie" Brown, 1882; and Lura Belle, 1882, while Georgia Frances was married to Dr. Frank Ellis Pierce, 1899.
Subsequent posts will look at what the New York Central looked like at the start of the 20th century, at W.C.'s career with the New York Central, his retirement, his being charged (but not prosecuted) with a federal crime, and his death.
[1] A prior post discussed the Terminal on its centennial in 2013 with other details provided in another post.
[2] Other posts discussed Rev. Brown's lineage in America, his initial trip to the Iowa Territory in 1842, his missionary work in that Territory (and State), 1842-1851; and his recuperation in New York State, 1851-1857.
[3] Another post was about Rev. Brown's missionary work in Iowa, 1857-1887.
[4] An earlier post focused on my maternal great-grandparents, James DeGrush and Ella Francelia Dye Brown.
[5] Two of W.C.'s brothers also went into railroading. His twin brother, George Lyon, was a trainman for the Milwaukee Road, but died at age 18 in 1871 from injuries received while coupling railroad cars in St. Paul, Minnesota. Another brother (and my maternal great-grandfather), James DeGrush Brown, worked in railroading his entire working life.


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amfAR, The Foundation for AIDS Research
Published Tuesday, January 15, 2013
In 2011, amfAR launched the Global Advocacy Corps, a small grants program that supports original policy analysis, reporting, and advocacy throughout the world. These projects are intended to help make national responses to HIV more effective and to support civil society organizations already engaged in advocacy work.
"We've seen the positive impact of our own policy analysis and wanted to support this type of work in other countries," said Owen Ryan, amfAR's deputy director of public policy. "Civil society advocates throughout the world are often doing analysis and strategic planning with limited or no support. We wanted to change that."
With the initial round of projects wrapping up, progress is visible. "It's still very early, and projects like these take probably about two years to see an impact," said Ryan. "But we have seen that we have been able to integrate the type of policy analysis and budget monitoring that amfAR's Public Policy Office is known for with the type of grant making and community assistance strengthening that the GMT Initiative excels at." amfAR's GMT Initiative (formerly the MSM Initiative) provides grants to grassroots groups to help expand access to HIV services; support advocacy; and bolster efforts to end the stigma, discrimination, and violence that threatens the lives of GMT and fuels the spread of HIV/AIDS.
The Global Advocacy Corps funds community based organizations that have established themselves as strong advocates but need support to do policy analysis work. "What's really the premium here is time," said Ryan. "Analyzing national policy and budget data in a way that effects real change requires smart people and perseverance. We find over and over how effective advocates are pulled in a million directions. We're hoping the Global Advocacy Corps will provide the resources that allow civil society groups to identify the most important policy changes in their countries."
Last year, the program funded grants in Nigeria, Uganda, Zimbabwe, Malawi, and Swaziland with a deliberate focus on Sub-Saharan Africa. This year, the program hopes to expand to Eastern Europe and Asia. Ryan says that ultimately he'd like to be able to point to examples of former Global Advocacy Corps grantees who are continuing this type of work on their own in a few years' time.
For more information click here.
© 2021 amfAR All Rights Reserved || amfAR's mission is to end the global AIDS epidemic through innovative research


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Morin-Spatz, Patrice T. is the author of 'CP Teach: Expert Coding Made Easy, 9th Edition - Patrice T. Morin-Spatz - Hardcover - REVISED' with ISBN 9780923369316 and ISBN 0923369317.[read more]
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Today, I was asked to look for Scientific version(s) of Ubuntu. They actually are looking for tools to perform DNA sequence analysis, protein verification, estimations, and many biology related tasks.
Is there a scientific, bio-oriented version of Ubuntu
Are there tools to do scientific analysis like the points mentioned above.