TERMS AND CONDITIONS – douglasjwood.com
Effective Date: June 24, 2014
These Terms and Conditions of Use (“Terms and Conditions”) apply to your use of the website, http://www.douglasjwood.com (the “Site”)
Acceptable Use. You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is not specifically permitted by these Terms and Conditions or by applicable law. You may not do the following in connection with your use of the Site:
- Impersonate any other individual;
- Use any robot, spider, script, or any means to extract, copy, index, mine, scrape, reproduce, or circumvent the operation or intended use of any part of the Site;
- Alter, delete or conceal copyright or other notices, even if the Author let you download, display print or share the Content with others;
- Send unsolicited commercial email to the email addresses, if any, provided on the Site. The posting of email addresses is not to be construed as, and does not constitute consent to use of them by any seller of services, any compiler of mailing lists, or any other non–authorized use without prior permission. In addition, spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited;
- Post or transmit to or from the Site any unlawful, threatening, libelous, defamatory, obscene, inflammatory, indecent or pornographic material or other material kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to any civil liability or otherwise violate any applicable law;
- Post or transmit and from the Site any material kind which violates or infringes upon the rights of other persons, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trade mark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
- Attempt to probe, scan or test the vulnerability of the Site, system or network or to breach security or authentication measures without proper authorization;
- Interfere or attempt to interfere with the proper functioning of the Site including, without limitation, via means of submitting a virus to the Site, overloading, `flooding`, `mailbombing` or `crashing`;
- Frame the contents or any part of the Site within any materials not originated by the Author.
The Digital Millennium Copyright Act. The Digital Millennium Copyright Act of 1998 (the `DMCA`) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the Author with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located, with enough detail that the Author may find it;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner`s behalf.
Any notification by a copyright owner or a person authorized to act on its or their behalf that fails to comply with requirements of the DMCA will not be considered sufficient notice and will not be deemed to confer upon the Author actual knowledge of facts or circumstances from which infringing material or acts are evident. Notice to the Author of claims of copyright or other intellectual property infringement can be sent as follows: via email at email@example.com or via mail at 599 Lexington Avenue, 29th Floor, Attn: Douglas J. Wood, New York, NY 10022 or via fax to 212–521–5450, Attn: Douglas J. Wood.
Repeat Infringers. The Author may, in appropriate circumstances and in the Author`s sole discretion, prohibit users who may be repeat infringers from accessing the Site or posting Content.
- You agree to defend Author and Author`s representatives and agents against all claims, demands, or actions arising from or incurred as a result of your breach of these Terms and Conditions (`Claim`) and you shall indemnify and hold harmless the Author and Author`s representatives and agents from and against any expenses, losses, damages and costs (including, but not limited to, reasonable legal costs and disbursements) resulting from any such Claim. The Author have the right, at the Author`s expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with Author, at the Author`s request, in the defense such Claim.
- These Terms and Conditions are effective unless and until terminated by Author. You may terminate your acceptance of your Agreement with Author by discontinuing any further use of the Site. The Author may also terminate, discontinue or suspend these Terms and Conditions and the Site at any time and may do so immediately without notice, and accordingly the Author may deny you access to the Site for any reason or no reason.
Severance & Waiver. If any provision of these Terms and Conditions is found to be invalid by any court having jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a continuing waiver of such term or any other term.
Third Party Rights. Nothing in these Terms and Conditions is intended to confer on any third party (whether referred to in these Terms and Conditions by name, class, description or otherwise) any benefit or any right to enforce any provision of these Terms and Conditions or any agreement entered into in connection with it.
Governing Law. By visiting the Site, you agree that any claim relating to, and the use of, the Site and the materials contained herein is governed by the laws of the State of New York, USA. You consent to the exclusive venue and jurisdiction of the state and or federal courts situated in New York County, New York, USA. You agree that you will not sue or participate in a class action against Author and/or Author`s representatives and agents.
Site Content; Disclaimer and Limitation Of Liability. THE SITE AND ALL CONTENT IS MADE AVAILABLE `AS IS` AND `AS AVAILABLE` WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY RELATING TO TITLE, NON–INFRINGEMENT, MERCHANTABILITY, FITNESS FOR PURPOSE. THERE IS NO GUARANTY OR ASSURANCE THAT THE SITE OR CONTENT WILL BE AVAILABLE FOR USE OR THAT ALL CONTENT WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT THE SITE OR CONTENT IS ACCURATE, COMPLETE, ERROR FREE. ALTHOUGH THE AUTHOR ENDEAVORS TO ENSURE THAT THE CONTENT OF THE SITE IS ACCURATE AND UP TO DATE (EVEN THOUGH HE IS UNDER NO OBLIGATION TO DO SO), USERS SHOULD SEEK APPROPRIATE LEGAL ADVICE BEFORE TAKING OR REFRAINING FROM TAKING ANY ACTION BASED ON INFORMATION PROVIDED VIA THE SITE. THE CONTENTS OF THE SITE SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. THE AUTHOR IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CONTENT AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR EQUIPMENT, PROGRAMS AND INFORMATION AND BY USING ANY OF THE SITE YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH USE OF THE SITE.TO THE FULLEST EXTENT PERMITTED BY LAW, THE AUTHOR DISCLAIMS ALL LIABILITY FOR ANY LOSS, DAMAGE, COST AND EXPENSE OF ANY KIND, DIRECT AND INDIRECT, IN CONNECTION WITH OR ARISING FROM THE SITE, CONTENT, ANY ACTION TAKEN (OR NOT TAKEN) AS A RESULT OF THE SITE OR CONTENT OR THE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF CLAIM AND WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE FOREGOING PARAGRAPHS DO NOT ATTEMPT TO AFFECT ANY OF YOUR STATUTORY RIGHTS AS A CONSUMER OR OTHERWISE UNDER THE APPLICABLE LAW OF THE RELEVANT JURISDICTION. TO THE EXTENT THAT THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE EXPRESSLY PROHIBITED BY LAW THOSE PARTS OF THE CLAUSES THAT ARE PROHIBITED WILL NOT APPLY. THE REMAINING TERMS AND CLAUSES WILL CONTINUE TO APPLY. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, THE AUTHOR SHALL BE ENTITLED TO THE MAXIMUM EXCLUSIONS AND LIMITATIONS PERMITTED; HOWEVER, IN NO EVENT SHALL PARTY OF THE AUTHOR LLC`S TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED U.S. DOLLARS ($100).
- Any provision which must survive any termination of the Agreement with the Author in order to allow the Author to enforce its meaning shall survive. You may not make or initiate any claim, demand or action against the Author, regardless of form or the basis of the claim, more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
Further Information. Questions regarding these Terms and Conditions or notifications errors should be directed to the Author via email at firstname.lastname@example.org or via mail at 599 Lexington Avenue, 29th Floor, Attn: Douglas J. Wood, New York, NY 10022 or via fax to 212–521–5450, Attn: Douglas J. Wood.
© Douglas J. Wood 2014. All rights reserved.