AmeriCymru Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the AmeriCymru web site located at https://americymru.net and created and administrated by Ceri Shaw (collectively herein “AmeriCymru”) and any services offered on or by AmeriCymru.

Use Of AmeriCymru

1. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. By registering as a member or by using the AmeriCymru site and any services offered on the site in any way, you accept these Terms, which forms a binding agreement between you and AmeriCymru. If you do not wish to be bound by these Terms, do not use the AmeriCymru site or services.

2. AmeriCymru reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. Although AmeriCymru will attempt to notify users when these Terms have changed, it is your responsibility to check these Terms of Use periodically for changes. Your continued use of AmeriCymru following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms, AmeriCymru grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

3. You must be at least thirteen (13) years old to create a membership profile on AmeriCymru.

4. You must be at least eighteen (18) years old to purchase goods or services on AmeriCymru or to offer goods or services for sale on AmeriCymru.

5. In order to sell goods or services on AmeriCymru, you must register for a seller’s profile, a membership profile with an ecommerce store. You must be at least eighteen (18) years old to register for a seller’s profile and to offer goods or services for sale on AmeriCymru.

6. If you’re registering for a seller’s profile on AmeriCymru on behalf of a company, group or organization, you must be an authorized representative of that company, group or organization, with the authority to bind the company, group or organization to these term and agree to these terms on behalf of your company, group or organization.

7. By using AmeriCymru, you understand and agree that you may not use AmeriCymru or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of AmeriCymru or any other.

8. By using AmeriCymru, you understand and agree that you may not upload or post false, misleading, deceptive, or fraudulent content; bait and switch; keyword spam; offensive, obscene, defamatory, threatening, or malicious postings or email; or anyone’s personal, identifying, confidential or proprietary information. Uploading or posting such content in violation of these terms may lead to deletion of content and/or expulsion from and denial of membership on AmeriCymru.

9. AmeriCymru reserves the right to refuse participation to any applicant, to revoke any membership or to delete any member profile, at any time, in its sole discretion.

10. AmeriCymru does not endorse any statements by or Content uploaded to the site by its members. AmeriCymru reserves the right to delete or modify member profile content in the event that it deems that content violates the AmeriCymru Terms of use or for any reason in its sole discretion, without cause or notice to you.

11. AmeriCymru will solely control AmeriCymru and all features and functionality of AmeriCymru and will have the right to modify, change or amend the same at all times, in its sole discretion, without cause or notice to you.

Disclaimers

12. AmeriCymru does not promise that the site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. The site and its content are delivered on any “as-is” and “as-available” bases. All information provided on the site is subject to change without notice. AmeriCymru cannot ensure that any files or other data you download from the site will be free of viruses or or contamination or destructive features. You assume total responsibility for your use of the site and any content on the site. Your sole remedy against AmeriCymru for dissatisfaction with the site or any content is to stop using the site or any such content.

13. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

14. You acknowledge and agree that AmeriCymru may preserve any transmittal or communication by you with AmeriCymru through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or AmeriCymru determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of AmeriCymru, its users of or visitors to the Site, and the public.

Copyright & Intellectual Property

15. All content uploaded by AmeriCymru, including but not limited to logos, images, text, audio recordings and video recordings, is the property of AmeriCymru, unless otherwise noted. Except as expressly provided in these Terms, no part of AmeriCymru and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial purpose, without AmeriCymru’s express prior written consent.

16. You own all of the content that you submit or upload on AmeriCymru, including but not limited to text, images, video and audio recordings. For each piece of content that you submit or upload on AmeriCymru, you represent and warrant that you are the owner or author of the content or otherwise have the right to submit or upload this content, that the content does not infringe any other party’s intellectual property right and/or privacy rights, that AmeriCymru will not need to obtain licenses from any third party or pay royalties to any third party and that the content complies with these Terms and all applicable laws.

17. IF SOMEONE HAS UPLOADED CONTENT WHICH INFRINGES YOUR INTELLECTUAL PROPERTY RIGHTS, first try communicating with the member who has uploaded the content. If you are unable to resolve this matter with them, please contact us and provide us with a link to the url on which the infringing material appears, a description of your attempts to communication with the member you allege has violated your right (emails, letters, etc.) and proof of your ownership of copyright, trademark or other right.

18. If you believe someone has infringed on your intellectual property rights, you may want to seek advice from a legal professional.

Shopping on AmeriCymru

19. You do not have to be a member of AmeriCymru to purchase goods or services from an AmeriCymru seller.

20. AmeriCymru is not a part of any transaction between you and any seller on AmeriCymru. You are buying directly from the seller and not from AmeriCymru. AmeriCymru is not responsible for the quality of goods and services purchased from sellers on AmeriCymru.

21. AmeriCymru does not pre-screen sellers and does not endorse individual sellers nor endorse items sold by individual sellers on AmeriCymru, nor any content posted by sellers.

22. You understand that AmeriCymru does not manufacture, store or inspect any of the items sold through by its members. AmeriCymru provides a venue for individual, independent sellers to directly sell goods and services. AmeriCymru cannot and does not make any warranties about their quality, safety or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release AmeriCymru from any claims related to items sold through our services, including for defective items, misrepresentations by sellers or items that caused physical injury.

Selling on AmeriCymru

23. You must be an AmeriCymru member over eighteen years old (18) to offer goods or services for sale on AmeriCymru. You must provide us with your legal name, current address and telephone number.

24. To register or operate a seller’s profile on AmeriCymru, your account on AmeriCymru must be in good standing and you must not violate provisions of the site Terms or Use or this Seller’s Terms of Use. AmeriCymru reserves the right to refuse participation to any applicant, at any time in its sole discretion.

25. By creating a seller’s profile on AmeriCymru, you warrant that you are the owner or have the permission of the owner of any item that you offer for sale and that no item that you offer for sale includes intellectual property of which you are not the owner or are not licensed to sell.

Fees and Taxes

26. You are responsible for collecting and paying any taxes associated with using and making sales through AmeriCymru required in the city, state, county or country in which you reside. AmeriCymru is physically located in the United States, in the state of Oregon, which does not have any sales or other tax on purchases.

27. Payments on AmeriCymru are processed through a payment gateway which will provide members with sales reports and information. You are responsible for monitoring your sales reports, AmeriCymru will not provide other sales reports.

28. AmeriCymru reserves the right to withhold payment due to you for any amounts that AmeriCymru decides to repay to any buyer in the event that the purchase that buyer has made for any prohibited item or which otherwise violates these Terms.

29. U.S. TAXPAYERS. If you are a U.S. taxpayer and receive payments from AmeriCymru of $600 or more in a tax year, AmeriCymru will issue you an Internal Revenue Service (“IRS”) Form 1099 reporting such payments. Before beginning sales on AmeriCymru, you will need to complete and return via email attachment or mail an IRS Form W-9 (Request for Taxpayer Identification Number and Certification) . If you receive payments from AmeriCymru of less than $600 in a tax year, it is your responsibility to report such payments to the IRS.

30. NON-U.S. TAXPAYERS. If you are a non-U.S. taxpayer and receive payments from AmeriCymru, such payments shall be treated as royalty payments to you for U.S. federal income tax purposes and subject to withholding tax in an amount equal to 30% of such payment. You may be eligible for an exemption or for a reduced rate of withholding pursuant to an applicable tax treaty. If so, you must complete and submit a signed Form W-8BEN (Certificate of Foreign Status of Beneficial Owner for U.S. Tax Withholding) to AmeriCymru and establish your eligibility for such exemption or reduced rate of withholding. For more information, see https://www.irs.gov/pub/irs-pdf/p515.pdf

31. When you make a sale through an AmeriCymru seller’s profile, you will be charged a transaction fee of 2% of the price you display for each listing. If you sell from the US or Canada, the transaction fee will not apply to the shipping cost or any tax unless you have included those charges in your listing price. If you sell from anywhere other than the US and Canada, the transaction fee will apply to the listing price (which should include any applicable taxes), but will not apply to the shipping cost.

32. NO OTHER FEES, FEE DISPUTES. Except as expressly set forth in Paragraph *, above, no other fees or royalties will be payable by AmeriCymru under this Agreement in connection with an AmeriCymru seller’s profile, or the provision of other materials or services under these Terms. AmeriCymru may change its pricing and/or payment structure at any time.

33. The following is a partial list of items which are prohibited and may not be offered for sale by any AmeriCymru seller:

• Alcohol, controlled substances, illegal drugs, medical drugs, medical devices, drug paraphernalia and tobacco

• Weapons, firearms/guns and components, ammunition, clips, cartridges, reloading materials, stun or spear guns, gunpowder or explosives of any kind

• Hazardous materials including but not limited to poisons, corrosives and radioactive materials

• Any good or product which is the subject of an official safety or health recall in any country

• Live animals or animal or human body parts or products including bodily fluids, furs or ivory

• Pornography and/or especially child pornography or bestiality

• Offers or solicitation of prostitution

• F ood stamps, WIC vouchers, SNAP or WIC goods, governmental assistance

• Stolen property, property with serial number removed/altered, burglary tools, etc

• ID cards, licenses, police insignia, government documents, birth certificates, etc

• US military items not demilitarized in accord with Defense Department policy

• Counterfeit, replica, or pirated items; tickets or gift cards that restrict transfer

• Lottery or raffle tickets, sweepstakes entries, slot machines, gambling items

• Affiliate marketing; network, or multi-level marketing; pyramid schemes

• Any good, service, or content that violates the law or legal rights of others

34. INDEMNIFICATION. You will indemnify and hold Americymru and its affiliates, directors, officers, employees, and agents harmless from any claim including reasonable legal fees, made by any third party due to or arising out of your activities on AmeriCymru, any violations of these Terms, your improper use of AmeriCymru's Services or assertion that any content you submitted to AmeriCymru violates any law or infringes any third party right, including any intellectual property or privacy right.

35. FORCE MAJEURE. Neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.

36. GOVERNING LAW. These Terms will be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to any principles of conflicts of law.

37. AGREEMENT TO ARBITRATE. You and AmeriCymru agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity these Terms; the use of AmeriCymru or content available on AmeriCymru will be settled by arbitration, except that each party retains the right to bring an individual action in small claims court and to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

38. JUDICIAL FORUM FOR LEGAL DISPUTES. Unless you and AmeriCymru agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and AmeriCymru must be resolved exclusively by a state or federal court located in Multnomah County, Oregon. You and AmeriCymru agree to submit to the personal jurisdiction of the courts located within Multnomah County, Oregon for the purpose of litigating all such claims or disputes.

39. PRIVACY POLICY. AmeriCymru values the privacy of its members and visitors. We collect some information from members and visitors to the site, including:

• Member registration provided by the user, which may include email address, name, location, age, date of birth and other information voluntarily provided by you in becoming a member of the site and creating your member profile.

• Automatically collected information such as the Internet Protocol (“IP”) address of the device you are using and its location, version of software installed, system type, the referring search query used to locate content and pages on AmeriCymru, the content and pages that you access on AmeriCymru, the dates and times that you visit AmeriCymru.

40. We collect this information to operate, maintain and enhance the features we provide. Your IP address and information helps us assess whether applicants for membership are providing accurate information, and to attempt to prevent spammers from joining the site to gain access to our members.

Gwenno Dafydd - St David's Day Ambassador To The World

Gwenno Dafydd is the instigator of the Saint David's Day Anthem (Lyrics: Gwenno Dafydd Music: Heulwen Thomas) which was launched by The Presiding Officer of the Welsh Assembly Government, Lord Dafydd Elis Thomas in 2008. She has been promoting and developing Saint David's Day activities worldwide since 2006 when the Saint David's Day Anthem 'Cenwch y Clychau i Dewi' (Ring out the bells for Saint David) was performed in public for the very first time in the National Saint David's Day Parade in Cardiff. She has instigated the tradition of 'County Banners' throughout Wales to celebrate Saint David's Day. This year, the first County Banner, The Pembrokeshire Banner, which is kept on permanent display in the East Cloister in Saint David's Cathedral, will be joined by two new County Banners, those of Montgomeryshire and Carmartheshire.

The Saint David's Day Anthem, which will this year be sold from the very prestigious Ty Cerdd website, patron Karl Jenkins, alongside the music of Welsh composers such as Grace Williams, William Mathias, Morfydd Llwyn Owen and Gareth Glyn. The Saint David's Day Anthem has been performed not only in Wales but also numerous times in Canada, Los Angeles, Patagonia, Disneyland Paris and the Houses of Parliament. Every year the Pembrokeshire Banner is paraded around Saint David's Cathedral whilst local school children sing the Saint David's Day Anthem.

She has created an Iphone App to learn the Welsh National Anthem and is the author of 'Stand Up & Sock it to them Sister. Funny Feisty Females' which had been described by Funny Women, the UK's leading female comedy community as 'the ultimate canon of female stand-up comics'. She is a Leadership and Public Speaking Coach and works extensively via Skype and even has some clients in Los Angeles.

John Good - Our Man In The Desert.....

John Good, known to many as  Sioni Dda ,was born and tumbled up in South Wales in the shadow of blast furnace number 4, Port Talbot, went to university in Yorkshire then back to Glamorgan...Master's degree in Music composition, Brains' beer and darts...lived/worked[?] in London,  Brighton, San Francisco, L.A. and Phoenix, where he now resides, plays folk harp, Welsh bagpipes and pibgorn, flutes, whistles, sings, teaches on-line, Welsh Language classes, writes articles, short stories and poems for AmeriCymru and Ninnau and, on a Saturday night, does a jig or two if influenced to do so. Anymore questions?

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C.M. Saunders - Football And Supernatural Correspondent

Christian Saunders, who writes fiction as C.M. Saunders, is a freelance writer and editor from New Tredegar. His journalism has appeared in publications such as Loaded, Record Collector, Fortean Times and Forever Sports, while his fiction has appeared in over fifty magazines, ezines and anthologies, including Raw Nerve, Fantastic Horror, Trigger Warning, Liquid imagination, Feverish Fiction and the Literary Hatchet. His books have been both traditionally and independently published, the most recent being No Man's Land: Horror in the Trenches, which is available now on Deviant Dolls Publications. He is represented by Media Bitch literary agency.

Philip 'Boz' Evans - Writer & Humorist

As a bio, I can only reiterate that I have borrowed Charles Dickens 'handle', as he hasn't used it for a while and as my background is similar to the great man himself -being a Chartered Legal Executive ( the successor in title to the Solicitors Managing Clerk).

The Boz quill-name came about from being asked to write a story about a local Treasurer, who had qualities not dissimilar to Ebenezer Scrooge himself and therefore a Christmas Carol was born. The genie ( not genius) has been out of the bottle and refuses to go back in. Forty three self produced volumes later, one published book on Amazon and three of my stories used in other people's compilations ( the proudest of which was your Eto) and more importantly hundreds if not thousands of people who have read some of the 215 stories and made them laugh. What greater pleasure is there than that?

Huw Llywelyn Rees - The History Man

Born in Swansea, brought up and educated in Builth Wells. Despite the constant distractions of rugby, cricket, darts and alcohol managed to obtain a B.Sc in Wood Science in High Wycombe. Have worked continuously ever since in the Builders Merchants field in Bristol, Cardiff, Fishguard and most recently in Waterford after moving to Ireland in 2000 for romantic reasons.

Since being in Ireland I have developed a passion for Welsh history after people kept assuming that I knew everything about it and I realised my knowledge was patchy at best. It was also assumed that because I was Welsh that I could sing and was approached to join Wexford Male Voice choir. I hesitantly agreed and discovered that I really enjoyed it. I have also recently rediscovered the benefits of hill walking and joined a local group who regularly go out in the Wicklow, Blackstairs and Commeragh Mountains.

Paul Steffan Jones - Civilian War Poet

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