Adunagow
Magazine Terms and Conditions of Use
PLEASE READ THE FOLLOWING
TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE
CAREFULLY. By using this site, you are deemed
to have agreed to these terms and conditions of use. We
reserve the right to modify them at any time. You should
check these terms and conditions periodically for
changes. By using this site after we post any changes to
these terms and conditions, you agree to accept those
changes, whether or not you have reviewed them. If at
any time you choose not to accept these terms and
conditions of use, please do not use this site.
Scope of Terms and Conditions
These terms and conditions apply to your use of all of
the sites and services owned or operated by Eric
ADUNAGOW, and affiliated companies, including companies
controlled by Eric Adunagow (collectively "we," "us," or
"our"), including ADUNAGOW Magazine, and any other site
that we have owned or operated, do own and operate or
may own or operate in the future (collectively, the
"Sites"). Unless we say otherwise, all references to the
Sites in these terms and conditions include all such
sites. These terms and conditions do not apply to your
use of unaffiliated sites to which any of the Sites only
links.
Restrictions on Use of Materials
The contents of our sites are protected by copyright and
trademark laws, and are the property of their owners.
Unless we say otherwise, you may access the materials
located within the Sites only for your personal use.
This means you may download one copy of posted materials
on a single computer for personal, noncommercial home
use only, so long as you neither change nor delete any
author attribution, trademark, legend or copyright
notice. When you download copyrighted material you do
not obtain any ownership rights in that material.
You may not modify, copy, publish, display, transmit,
adapt or in any way exploit the content of the Sites.
Only if you obtain prior written consent from us — and
from all other entities with an interest in the relevant
intellectual property — may you publish, display or
commercially exploit any material from the Sites.
You must abide by all additional copyright notices or
other restrictions contained in any of the Sites.
Links
These terms and conditions apply only to the Sites, and
not to the sites of any other companies or
organizations, including those to which any of the Sites
may link. We are not responsible for the availability of
any other site to which any of the Sites links. We do
not endorse or take responsibility for the contents,
advertising, products or other materials made available
through any other site. Under no circumstances will we
be held responsible or liable, directly or indirectly,
for any loss or damage that is caused or alleged to have
been caused to you in connection with your use of, or
reliance on, any content, goods or services available on
any other site. You should direct any concerns to that
site's administrator or webmaster.
Other sites may link to any of the Sites only through a
plain-text link. Permission must be granted by us for
any other type of link to the Sites. To seek our
permission, you may write to ADUNAGOW Magazine,
Attention: Online Unit, PO Box 691728, Tulsa, OK
74169-1728. We reserve the right, however, to rescind
any permission granted by us to link through a
plain-text link or any other type of link, and to
require termination of any such link to any of the
Sites, at our discretion at any time.
Submissions
We welcome your comments about any of the Sites.
However, unless a site has set up a specific submissions
policy, we will not review or consider any unsolicited
creative submissions. We hope you will understand that
this policy is intended to avoid the possibility of
future misunderstandings in the event that projects
developed by our professional staff might seem to others
to be similar to their own creative work. Accordingly,
we must ask that you not send us any original creative
ideas, suggestions or materials. If, despite our
request, you send us any creative idea, suggestion or
material ("Submission"), it shall become our property.
No Submission will be subject to any obligation of
confidence by us, and we will not be liable for any use
or disclosure of any Submission. We will exclusively own
all known or later-existing rights to the Submission
worldwide, and will be entitled to the unrestricted use
of the Submission for any purpose, without compensation
to the provider of the Submission.
If you are submitting something to a site that has set
up a submissions policy, please consult that site for
its specific requirements.
Forums
A "forum" means any message board, chat room, user
review forum or other interactive service appearing on
any of the Sites and includes both public boards and
private folders. You must register in accordance with
instructions that you will find on the Sites in order to
contribute to any forum. You may not post on any forum,
or send to any other forum user or our employee, any
material that is abusive, vulgar, threatening,
harassing, libelous, defamatory, obscene, invades a
person's privacy, violates any intellectual or other
property rights, or that would otherwise violate any
law. You may not use any forum in a commercial manner.
You may not post material that solicits funds, or that
advertises or solicits goods or services. You may not
post material known to be false. You may not post
messages that contain stock touts. You may not post or
transmit any information, software or other material
that contains a virus or other harmful component.
We are not responsible for material appearing in any
forum on the Sites, except for material signed by one of
our identified representatives. We are not responsible
for screening material posted by users for libel,
obscenity, invasion of privacy, copyright or trademark
infringement, accuracy, or for any other reason. We
retain, however, the right to modify or remove messages
or other material that we, in our sole discretion,
consider infringing, offensive, abusive, defamatory,
obscene, stale, or otherwise unacceptable. We also
reserve the right to edit materials for any other
reason. Whether or not we modify or remove such
material, users remain solely responsible for the
content of their messages or postings.
By posting on the Sites, you grant (or warrant that the
owner of such rights has expressly granted) us and/or
relevant affiliated companies the worldwide, perpetual,
nonexclusive right to use your questions, comments, and
postings, in their original or edited form, in
television programs, books, articles, commentaries, or
in any other medium now known or later developed. You
also warrant that you own or otherwise control all of
the rights to the content you have posted and that the
public posting and use of such content by us will not
infringe the rights of any third party. Additionally,
you warrant that any "moral rights" in posted materials
have been waived.
You are not entitled to any compensation for any
materials you may post on the Sites.
Registration
We may, at our discretion, suspend or terminate the
registration of any forum user or general user who
violates any of these terms and conditions of use, any
of the forum member guidelines or for any other behavior
that we in our discretion believe is inappropriate.
Disclaimers
THE SERVICES, PRODUCTS AND MATERIALS ON THIS
SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS
OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE
SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT
MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS
OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE
SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN TERMS OF
THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS OR
SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY
TO YOU.
We do not endorse, warrant or guarantee any products or
services offered on the Sites. We are not a party to,
and do not monitor, any transaction between users and
third party providers of products or services.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT
LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS
OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO
USE, THE MATERIALS ON THE SITES, OR ANY PRODUCTS OR
SERVICES PROVIDED PURSUANT TO THE SITES, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT
LIMITED TO LOST DATA), SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE
TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR
SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE
AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE
SITES.
No Personal Advice
The information contained in or made available through
the Sites (including but not limited to information
contained on message boards, in text files, or in chats)
cannot replace or substitute for the services of trained
professionals in any field, including, but not limited
to, financial, medical, or legal matters. In particular,
you should regularly consult a doctor in all matters
relating to physical or mental health, particularly
concerning any symptoms that may require diagnosis or
medical attention. We and our licensors or suppliers
make no representations or warranties concerning any
treatment, action, or application of medication or
preparation by any person following the information
offered or provided within or through the Sites. Neither
we nor our partners, or any of their affiliates, will be
liable for any direct, indirect, consequential, special,
exemplary or other damages that may result, including
but not limited to economic loss, injury, illness or
death.
Parental Permission
Some of the information available on the Sites concerns
the topic of sex and may not be appropriate for
children. Further, the Sites are not directed to
children under the age of 13 and we will not knowingly
collect personally identifiable information from
children under 13. WE STRONGLY RECOMMEND THAT
PARENTS PARTICIPATE IN THEIR CHILDREN'S EXPLORATION OF
THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR
BROWSER'S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE
INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
We may, at our discretion, require users under 18 to
obtain the consent of a parent or guardian to view
certain content, and we may limit access to certain
content to users above a specified age. You agree to
abide by any such restrictions, and not to help anyone
avoid these restrictions.
We reserve the right to charge fees, surcharges and/or
membership fees for all or any of its services currently
provided for free at any time upon thirty (30) days'
prior written notice to you.
Privacy Policy
We are committed to protecting your privacy and security
and have explained in detail the steps we take to do so.
We urge you to read our Privacy Policy.
Jurisdictional Issues
We control and operate this site from our offices in the
United States of America. We do not represent that
materials on the site are appropriate or available for
use in other locations. Persons who choose to access
this site from other locations do so on their own
initiative, and are responsible for compliance with
local laws, if and to the extent local laws are
applicable.
Miscellaneous
These terms will be governed by and construed in
accordance with the laws of the State of Oklahoma,
without regard to any principles of conflicts of law.
You agree that any action at law or in equity that
arises out of or relates to these terms will be subject
to binding arbitration in accordance with the Oklahoma
Arbitration Association and will be arbitrated in
Oklahoma. If any of these terms and conditions are found
unlawful, void, or for any reason unenforceable, then
that provision will be considered severable from the
remaining terms and conditions, and will not affect the
validity and enforceability of the remaining provisions.
This is the entire agreement between you and us relating
to the subject matter it contains. This agreement may be
modified only by our posting of changes to these terms
and conditions, or by a writing signed by both parties.
(Last modified on September 5, 2007.)
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