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Terms & Conditions

WEBSITE TERMS OF USE PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY. BY ACCESSING THIS WEBSITE AND ANY PAGES OR MATERIALS CONTAINED IN THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS SET FORTH BELOW, PLEASE DO NOT ACCESS THIS WEBSITE, OR ANY ASSOCIATED PAGES OR MATERIALS. This Website (the “Site”) is owned and operated by Erik von Gutenberg (dba) (“EVG”). The pages and materials contained on this Site are the property of EVG or are owned by a third party and are used by EVG under license. EVG reserves the right at its sole discretion to change, modify, add, or remove any portion of this Site or these Terms, in whole or in part, at any time and for any reason. Changes to these Terms will be effective upon posting. You agree to review these Terms periodically to be aware of any changes. Your continued use of this Site after any changes to the Terms will be considered acceptance of those changes. These Terms govern your use of this Site. In the event that you do not comply with these Terms, EVG may, its sole discretion and without notice, block or restrict your access to this Site and/or pursue legal action against you for any alleged or actual violation of these Terms or governing law. INDEMNITY AND LIMITATIONS OF DAMAGES You agree to fully indemnify, defend and hold harmless EVG, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Site against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of the Site violates these Terms, any applicable law or regulation, or the rights of any third-party. In no event shall EVG or any of its officers, directors, shareholders, subsidiaries, or employees be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of the site or any linked website, even if EVG is expressly advised of the possibility of such damages. PERMITTED USES Any person is hereby authorized to view the information available on the Site for informational purposes only. However, the text and images resident on this Site may not otherwise be copied, modified, distributed, reproduced or reused without the express written permission of EVG. You acknowledge and agree that all materials contained at the Websites are proprietary and constitute valuable copyright, trademark and other intellectual property owned by EVG or others who have licensed or authorized use of such materials to the EVG. You acknowledge and agree that as such you may only access, view, download, receive and otherwise use the materials available at the Websites only as authorized by EVG. You acknowledge that you understand that EVG does not authorize access to any part of the Websites in any manner contrary to the express provisions of this Agreement. You further represent and warrant that your agreement to these terms and conditions constitutes an agreement that you shall not access, or attempt to access, any materials available at the Websites in a manner not expressly authorized herein. You agree and warrant that you shall at no time access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use materials, directly or indirectly in places which EVG does not authorize such access, viewing, downloading, receipt or other use. You hereby acknowledge that EVG does not authorize the accessing, viewing, downloading, duplication, receiving, transmission, broadcasting or other use of the materials contained on the Websites to or by any person, INCLUDING YOU, who is located in any of the areas designated as PROHIBITED AREAS below. You hereby acknowledge and agree that EVG does not authorize access to any parts of the Websites in any manner which bypasses this Agreement. You further acknowledge and agree that you shall not "bookmark" photographs or other materials inside the Websites or directly access files designated as part of the Websites except through appropriate authorization pages as specified by EVG and you further agree that you shall not attempt to do so. You further acknowledge that you understand and agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of materials from the Websites in violation of the terms and conditions set forth herein, in which you are directly or indirectly involved, including, but not limited to accessing, viewing, downloading, receiving or other unauthorized use of materials in PROHIBITED AREAS in any manner, shall constitute intentional infringement(s) of EVG's and potentially others' intellectual property rights and other rights in such materials and shall further constitute a violation of trademark and other rights, including, but not limited to, rights of privacy. PROHIBITED AREAS All of the following areas constitute PROHIBITED AREAS from which no part of the Websites may be accessed, viewed, downloaded or otherwise received: i) All parts of the following countries: Afghanistan, Egypt, Kuwait, Iran, Iraq, Japan, Jordan, Libya, Pakistan, The Republic of China, Singapore, Saudi Arabia, Syria, The United Arab Emirates; and ii) All parts of every other geophysical place or jurisdiction corresponding to a political entity or part thereof in which the access, viewing, downloading, dissemination of, or other use of the materials contained in the Websites would constitute a violation of any law, regulation, rule or custom, including the contemporary community standards of that jurisdiction with respect to the viewing, accessing or other use by adults of materials which consist of graphic, sexually explicit content. LINKING TO THE SITE Linking to any of the EVG websites indicates that you accept EVG’s Terms of Use and legal restrictions and that you will abide by the guidelines herein. If you do not accept these terms and agree to abide by these guidelines, do not link to this site. If you link to EVG's Site, you agree that you: - Will not replicate any EVG Site content; - Will not frame or otherwise create a browser or border environment around EVG Site content; - Will not imply that EVG is endorsing you, your company or business, your web site or its contents, your products, or your services; - Will not misrepresent your or your website's relationship with EVG; - Will not present false, misleading or inaccurate information about EVG, EVG's products or services, or any of EVG's affiliates or their products or services; - Will not disparage EVG, EVG's products or services, or any of EVG's affiliates or their products or services; - Will not use EVG's trademarks, logos, or copyrighted materials without first receiving express prior written permission from EVG. - Will not link to an internal page of this Site that is located one or several levels down from the home page or bring up or present content of this site on another site without EVG's prior written permission. LIMITED LICENSE EVG grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon; provided, however, that you comply with these Terms [see PERMITTED USE]. You agree not to disrupt, interrupt or attempt to interrupt the operation of the site in any way. You agree not to change or delete any proprietary notice or watermark from materials downloaded from the Site. You agree to comply with all trademark, copyright and other laws worldwide in your use of this Site and to prevent any unauthorized copying of the materials and information contained on this Site. Except as expressly provided herein, EVG does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information [see INTELLECTUAL PROPERTY]. DISCLAIMER EVG CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL CODE THAT CAN MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA AND OUTPUT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE. THE MATERIALS AND INFORMATION CONTAINED ON THIS SITE MAY CONTAIN TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. EVG DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. EVG RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. EVG MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. THIS SITE AND THE INFORMATION AND MATERIALS ON THE SITE ARE PROVIDED “AS IS” AND EVG DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER INCLUDING, WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH REGARD TO THE SITE, ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SITE AND EVG SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIRD-PARTY WEBSITES Some links on this Site may cause you to leave the EVG Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. EVG does not control the linked sites and is not responsible for their contents. These links are provided to you for your convenience and the inclusion of the link does not imply endorsement of the site by EVG. EVG makes no warranty or representation regarding any linked sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that EVG is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of EVG or any of its affiliates or subsidiaries. INTELLECTUAL PROPERTY The trademarks, trade names, logos, service marks, trade dress and products (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of EVG and others. The trademarks, trade names, logos, service marks, trade dress and products in this Site are protected in the United States and internationally. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of EVG or such third-party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms, is strictly prohibited. You are also advised that EVG will aggressively enforce its intellectual property rights to the fullest extent of the law. The materials of this Site are protected by Copyright and Trademark Laws of the U.S. and other countries and are owned by, or licensed to EVG. All content of this Site is owned or controlled by EVG. You may download content only for your personal use for non-commercial purposes but no modification or further reproduction of the content is permitted. The contents of the Site, including any images, text, executable code, and layout design may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, re-posted, or otherwise used except as provided herein without the express prior written permission of EVG. EVG maintains this Site for your personal information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site for personal, noncommercial use only provided you also retain all copyright and other proprietary and watermark notices contained on the materials. You may not, for any reason, distribute, modify, duplicate, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without EVG’S prior written consent [See PERMITTED USE]. © Copyright 2010 Erik von Gutenberg (dba) All rights reserved. Copyright in the pages of this website and in the screens displaying the pages, and in the material contained therein and in their arrangement, is owned by EVG and/or its affiliates, unless otherwise indicated. In addition, the materials contained on this web site may be EVG Proprietary and/or Trade Secret information and may not be copied, compiled, or distributed without the prior written consent of EVG. DMCA DESIGNATED COPYRIGHT AGENT EVG deals with alleged copyright violations on its websites in accordance with the policies and procedures stated herein and pursuant to the US Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (DMCA) of 1998 (17 USC Section 512). Therefore EVG removes allegedly infringing content under any valid DMCA notification or court order. Complaints, Notices and Counter-Notices of alleged infringement should be sent to: Erik von Gutenberg (dba) Attn: Copyright Agent 248 3rd Street, #717, Oakland, CA 94601 Fax: +1-866-897-9751 Email: sales@vongutenbergedia.com Any person who knowingly and materially misrepresents that activity or content is infringing can be subject to legal liability under the DMCA and other applicable laws. Erik von Gutenberg (dba) may provide copies of any copyright notices or counter-notices to the participants in the dispute or to any other third-parties in Erik von Gutenberg’s sole discretion and as may be required by law. 
You are encouraged to consult legal counsel prior to filing a DMCA notification to meet the legal requirements for filing a claim. PRIVACY POLICY We may collect the domain name and e-mail address of visitors to our Websites, the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, name and address, telephone number, and payment information (e.g., credit card number and billing address). The information we collect is used for internal review and to improve the content of our Websites, to customize the content and/or layout of our Site for each individual visitor, to provide marketing information and may be shared with other reputable organizations for marketing purposes. If you do not want to receive e-mail from us in the future, please let us know by writing to us at the address 248 3rd Street, #717, Oakland, CA 94607. From time to time, we make our customer list available to affiliate organizations whose products or services we think you might find interesting. If you do not want us to share your name, phone number, postal, or e-mail address with other companies or organizations, please let us know by writing to us at the above address. From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will post the policy changes to our Website’s Terms of Use to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our Web site periodically. Customers may prevent their information from being used for purposes other than those for which it was originally collected by writing to us at the above address. Upon request we offer visitors the ability to have inaccuracies corrected in contact information, financial information, transaction information. Consumers can have this information corrected by writing to us at the above address. With respect to security: We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site. Notwithstanding the foregoing, EVG makes no warranty regarding security or protection of personal or other data. GOVERNING LAW This Site is operated and administered from within the United States of America (“U.S.”). Use of this Site shall be governed by all applicable Federal laws of the U.S. and the laws of the State of California, without giving effect to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the courts located in San Francisco, California, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site. ENTIRE AGREEMENT These Terms constitute the entire agreement between EVG and you (the “Agreement”) with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Terms, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.