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By using this site and/or downloading anything on this site,
you agree to be bound by this Agreement.
This Agreement applies to everyone using this site. World of
Terry (hereafter "WOT") reserves the right to change these terms
at our discretion, and you agree to be bound by the most current
version posted
on the site when you use the site. If you do not agree with
and/or want to be held accountable by this Agreement, do not
accept this Agreement and do not use and/or download anything
on this site.
This site is owned and operated by Terry L. Ernsberger (hereafter "Terry").
All images, artworks, books and/or any other materials (collectively
referred
to as "Stuff") on this site are owned by Terry. All Stuff are protected by US and international
copyright laws.
A Few Things You Cannot Do With Our Stuff
You agree not to use any Stuff in any way that could be considered
defamatory, pornographic, libelous, immoral, obscene or fraudulent,
either by making physical changes to it, or in the juxtaposition
to accompanying text. Unauthorized
use of any Stuff constitutes copyright infringement. The foregoing
is not a limiting statement of WOT's rights or remedies in connection
with any unauthorized
use.
WOT Trademarks
You may not use the trademarks or other marks
of WOT without WOT's prior written consent. World of Terry
and the World of
Terry logo are registered trademarks of Terry.
Indemnification
You agree to indemnify, defend, and hold harmless WOT against
all claims, liability, damages, costs and expenses, including
reasonable legal fees and expenses, arising out of or related
to (1) a breach of this Agreement, (2) the use of this site and
the use of any Stuff either alone or in combination with any
other material, (3), your failure to abide by any restriction
regarding the use of an Stuff, or (4) any claim by a third party
related to the use of an Stuff, alone or in combination with
any other material.
You agree to indemnify and hold WOT harmless against
all claims or liability asserted against WOT arising
out of or in connection with any failure by you inabiding by
any restriction
regarding the use of any Stuff and any breach of any of the terms
of this Agreement.
For your enjoyment, we provide links to other
sites but which are
not
under
WOT's
control.
These
links do not imply endorsement by WOT, and we are not responsible
for the accessibility or any content within any linked
site.
Disclaimer of Limitations
THIS SITE IS PROVIDED ON AN "AS IS" BASIS.
WOT MAKES NO REPRESENTATIONS NO WARRANTIES, EXPRESS OR IMPLIED,
THE ACCURACY OF ANY INFORMATION, OR ANY
RIGHTS
OR LICENSES
UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OR NON-FRINGEMENT, OR THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED
OR ERROR-FREE.
EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR
LIMITED, WOT SHALL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING,
BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES. YOU MAY HAVE ADDITIONAL RIGHTS.
NOTICE AND PROCEDURE OF COPYRIGHT INFRINGEMENT
If you believe that your work has
been used or copied in a way that constitutes copyright infringement
and such infringement is occurring on WOT's site, send WOT's
copyright agent a notice containing: (i) a physical or electronic
signature
of the copyright owner or person authorized to act on behalf
of the copyright owner; (ii) a description of the copyrighted
work or works that you claim have been infringed apon
(iii) a description of where the material that you claim is infringing
is located on the WOT site; (iv) information sufficient to permit
WOT to contact you, such as your physical address, telephone
number, and email address; (v) a statement that you have a good
faith belief that the use of the material you identified is not
authorized by the copyright owner, its agent, or the law; and
(vii) a statement by you that the information in your notice
is accurate and, under penalty of perjury, that you are the copyright
owner or authorized to act on the copyright owner's behalf.
Send any notice of claims of copyright infringement to:
e-mail: info@worldofterry.com
Jurisdiction and Legal Fees
Any dispute regarding this Agreement shall be governed by the
laws of the State of California and applicable U.S. Federal law,
including Title 17 of the U.S. Code, as amended. The parties
agree to accept the exclusive jurisdiction of the state and federal
courts located in California, USA.
In any dispute between WOT and you, you agree to reimburse WOT
for its legal fees, costs,
and other legal expenses from you.
No Waiver / Severability
No action of WOT, other than an express written Waiver or Amendment,
may be construed as a waiver or amendment of this Site Usage
Agreement. Should any clause of this Agreement be found unenforceable,
wherever possible this will not affect any other clause and each
will remain in full force and effect.
Closing Disclaimer Information to Read
You acknowledge that you have
read and understand this Agreement, and agree to be held accountable
by all its terms and conditions.
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