Terms of Use

 

This web site ("Site") is owned and operated by Frank A. Malocu.

Please read these Terms of Use ("Agreement") carefully and in its entirety before using this Site. This Agreement sets forth the terms and conditions that apply to your use of this Site, any content and material from this Site as well as any other product or service offered by this Site for use or sale (collectively the "Materials"). If you do not agree with any provision of this Agreement do not use this Site. Your use of this Site constitutes your full and complete acceptance of the terms and conditions of this Agreement.

SUBSEQUENT REVISIONS TO AGREEMENT

We reserve the right, in our sole discretion, to modify, alter or otherwise change this Agreement at any time and you agree to be bound by such modifications, alterations and/or additions. Accordingly, we recommend that you periodically visit this page to review the current Agreement.

COPYRIGHTS, TRADEMARKS AND PROPRIETARY INFORMATION

All the Materials on this Site, including, without limitation, images, illustrations, text, audio clips, video clips and software, are copyrighted materials, trademarks and/or other proprietary information, which are owned or controlled by us or by other parties that have licensed to us the right to use the Materials. Additionally, all the Materials of this site are copyrighted as a collective work under the United States copyright laws and/or similar laws of other jurisdictions and therefore we own a copyright in the selection, coordination, arrangement and enhancement of such Materials. We reserve all rights to all trademarks/service marks owned by us. All trademarks/service marks not owned by us but otherwise appearing on the Site are the property of their respective owners and all rights in such trademarks/service marks are also reserved. You agree not to display, reproduce, distribute, modify, use, encumber, license, publish, sell, transfer or transmit, or in any way exploit, the copyrights and trademarks of this Site without the express written permission of us and any other respective copyright and/or trademark owner (from whom you are solely responsible for obtaining permission). Any violation of this paragraph may result in severe civil and criminal penalties.

RESTRICTIONS ON THE USE OF MATERIALS

The Materials may not be copied, republished, reproduced, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the Materials on any single computer for your personal, noncommercial home use only, provided you keep intact all copyright, trademark and other proprietary notices. You agree and acknowledge that you shall not acquire any ownership rights by downloading the Materials from the Site. Modification of the Materials or use of the Materials for any other purpose is a violation of our’s and possibly other third party's copyright and proprietary rights. You agree to use the Materials and this Site only for purposes that are lawful in every nation and jurisdiction in the world and all subdivisions thereof. You further agree not to use the Materials, or any element or portion thereof (including, without limitation, e-mail addresses of users), for any commercial purpose whatsoever. If you violate any provision of this Agreement, your permission to use the Materials automatically terminates and you must immediately destroy any copy you may have of any of the Materials.

RULES FOR BULLETIN BOARDS AND CHATROOMS

We are not responsible for any material posted on any bulletin board, chat room, or other forum included in this Site ("Forums") nor do we endorse any such material, nor represents or guarantees the truthfulness, accuracy or reliability thereof. You shall not upload, transmit, distribute or otherwise publish through such Forums any material that libels, defames, or is obscene, pornographic, indecent, hateful, abusive, harassing, embarrassing or threatening; infringes any intellectual property right or privacy or publicity right of any entity or person; violates any law; advocates illegal activity; interferes with or slows the operation of the Site or advertises or otherwise solicits funds or is a solicitation for good or services. Additionally, you shall not upload, transmit, distribute or otherwise publish software or materials that contain a virus, corrupted files or similar program that may damage the operation of another's computer or this Site. We shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on such Forums for any reason whatsoever. We reserve the right to expel you from or suspend your access to some or all of the Forums for violating the law or this Agreement. Notwithstanding the foregoing, you are solely responsible for all materials you post on or submit to the Forums and you acknowledge that we may not be monitoring the Forums and you are not relying upon us to monitor the Forums.

By posting any notes, message/billboard postings, ideas, suggestions, concepts or other material to the Forums, or emailing them to us, you automatically grant to us a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, display and otherwise exploit such material and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter devised, and to sublicense such rights through multiple tiers of sublicenses, all without any obligation to you, whether by way of compensation, attribution or otherwise. You waive any and all so-called "Moral Rights" or similar rights under any jurisdiction, now or hereafter recognized with respect to us (or our assigns) exercise of its rights hereunder. You agree to indemnify us for any and all claims, damages, losses, and causes of action arising out of your publication or transmittal of any materials or your failure to comply or your alleged failure to comply with this Agreement.

LINKED SITES

This Site may contain links to websites owned or controlled by third parties (the "Linked Sites"). We are not necessarily affiliated with the Linked Sites and are not responsible for their content. The Linked Sites are for your convenience only and you access them at your own risk.

DISCLAIMERS AND LIMITATIONS ON LIABILITY

We are not responsible or liable for any infections or contamination of your system or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the Materials contained on this Site. You agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and you shall be responsible for all charges related thereto. This Site and all Materials contained on it are distributed and transmitted "as is" and are at your own risk.

WE, OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, ACCOUNTANTS, ATTORNEYS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS AND ASSIGNS  SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE OR INABILITY TO USE THIS SITE AND ANY OTHER SUBJECT MATTER OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. TOB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIALS RESTS WITH YOU.

PRIVACY POLICY

The Privacy Policy controlling the privacy of all visitors to our Site shall be incorporated herein by reference.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our designated agent. We may, in our discretion, terminate the accounts of users who infringe the intellectual property rights of others.

Notification must be submitted to Frank A. Malocu

To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

MISCELLANEOUS

This site is controlled and operated by us from our offices in the State of Ohio, United States of America . We make no representation or warranty that the Materials in this Site are legal, appropriate or available for use in other locations. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. No software from this Site may be downloaded, exported or re exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions. We have the right at any time to modify, change, add to, discontinue or alter in any manner any aspect of this Site including, without limitation, the Materials and this Agreement.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous written or oral agreements between the parties hereto with respect to such subject matter.

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

The section headings used herein are for convenience only and shall not be given any legal import.

You hereby waiver any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by discontinuing your use of the Site and destroying all Materials obtained from it.

This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Ohio, as it is applied to agreements entered into and to be performed entirely within such State. Any action you bring to enforce this Agreement or any matters related to this Site shall be brought in either the State or Federal Courts located in Montgomery County, Ohio. If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.