Terms of Use
For RiverRoaring.com and all Related Materials
Â
Your use of this Website, www.riverroaring.com, which is owned and operated by me, River Roaring, constitutes your acceptance of these Terms of Use. This is a legally binding agreement between you and me that you are agreeing to enter by virtue of your use of the Website. If you do not accept these Terms of Use, you do not have my permission to access this Website.
The Website is not intended for anyone under the age of 18. By accepting these Terms of Use, you confirm that you are 18 years of age or older, or have specific permission from me, and are fully able and competent to enter into the agreements set forth in these Terms of Use, and to comply with these Terms of Use and any applicable laws or regulatory requirements.
1. The Website Does Not Provide Medical Advice
The contents of the Website is for informational purposes only. The content has not been evaluated by the FDA and is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your qualified health provider with any questions you may have regarding a medical condition. You should seek medical attention before undertaking anything described on the Website. I do not recommend self-management of one’s health care. Reliance on any information provided on this Website is solely at your own risk.
Information obtained by using the Website is not exhaustive and does not cover all ailments or their treatment. The content provided on the Website is compiled from numerous sources. I do not practice medicine or provide medical services. Never disregard medical advice because of something you have read on the Website. If you think you may have a medical emergency, call 911 immediately.
The Website may contain information that you may find sexually explicit or otherwise offensive. It may not be suitable for children or other sensitive people. You are solely responsible for compliance with the laws that apply where you live.
2. Your Acceptance of my Terms of Use and Privacy Policy
Your use of the Website signifies your agreement to (1) these Terms of Use and (2) my Privacy Policy. If you do not agree to any part of these Terms of Use or Privacy Policy, please do not use the Website. Periodically review the most up-to-date version of these policies. I may modify or revise these Terms of Use and/or my Privacy Policy at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits. If you violate any of these Terms of Use, your permission to use the Website automatically terminates and you must immediately destroy any copies you have made of any content from the Website.
3. Your Use of the Website – Permissions and Restrictions
I hereby grant you permission to access and use the Website as set forth in these Terms of Use, under the following conditions:
1 You agree to use the Website for lawful purposes only. All content on the Website is protected by copyright and other intellectual property laws under United States and foreign laws, and contains trademarks and other proprietary information. Title to all content remains with me. Any use of content from the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any Website content, in whole or in part.
2 I authorize you to view or download a single copy of the material made available on the Website solely for your personal, noncommercial use, so long as you do not remove any copyright or other proprietary rights notices contained in the content. Except as otherwise expressly permitted under copyright law, you agree not to engage in any copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without my express written permission. In the event of any permitted copying, redistribution or publication of copyrighted material, you agree not to make any changes to author attribution, trademark legend or copyright notice.
3 You agree not to (i) alter or modify any part of the Website or (ii) decompile, disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website.
4 Any special rules for the use of certain software and other items provided on the Website may be included elsewhere within the Website and are incorporated into these Terms of Use by reference.
5 You agree not to use the Website for any commercial use without my prior written authorization. Prohibited commercial uses include, but are not limited to, any of the following actions taken without my express approval:
posting on or transmitting through the Website any material which contains advertising or any solicitation or “spam”;
advertising or performing any commercial solicitation including, without limitation, the solicitation of users to become subscribers of other on-line information services;
selling of access to the Website or its related services on another web site;
using the Website or its related services for the primary purpose of gaining advertising or subscription revenue; and/or
any use of the Website or its related services that I find, in my sole discretion, to be a use of my resources to compete with or displace the market for my content or services.
6 You agree not to use or launch any automated system that accesses the Website in a manner that sends more request messages to my servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses, worm, time bomb, Trojan horse or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website. You also agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website. Notwithstanding the foregoing, I grant the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. I reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website. Any conduct by you that in my opinion restricts or inhibits any other user from using or enjoying the Website will not be permitted.
7 In your use of the Website, you will otherwise comply with these Terms of Use and all applicable local, national, and international laws and regulations. You agree not to post or transmit through the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, which gives rise to civil liability, or which otherwise violates any law, statute, ordinance, rule or regulation.
8 You agree not to upload, post or otherwise make available on the Website any material protected by copyright, trademark or other third party proprietary rights, including privacy and publicity rights, without the express permission of the owner of the copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by copyright or other proprietary rights rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any such submission.
9 You agree not to collect the personally identifiable information of any other user of the Website.
10 You agree not to impersonate any other person, forge an email address or create a false identity while using the Website or conduct yourself in a vulgar or offensive manner while using the Website. You agree that I may reject any submission for any reason, including, but not limited to, vulgarity or other offensive content, which determination shall be at my sole discretion, or content protected by proprietary rights.
11 You agree that I, should I accept information from a user, may include that information on the Website for as long or as short a period of time as I choose. Furthermore, you agree that I may edit or remove such information at any time.
12 You agree that I shall have the right, but not the obligation, to monitor the content of the Website and to remove any material that I find objectionable.
13 I reserve the right to discontinue any aspect of the Website at any time.
4. Accounts
In order to access some features of the Website, you may have to create an account. You may never use another’s account without permission. When creating your account, you must provide true, accurate, current and complete information. I reserve the right to refuse or terminate any account for providing untrue or inaccurate information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You agree not to share your account information, including your account password, with anyone. You agree to notify me immediately of any breach of security or unauthorized use of your account. Although I will not be liable for your losses caused by any unauthorized use of your account, you may be liable for my losses due to such unauthorized use. The creation of an account on the Website is an explicit acceptance by you of these Terms of Use.
5. Electronic Communications
By establishing an account with the Website, you consent to receiving electronic communications from me. These communications will include notices about your account and information related to the Website and/or my services. These communications are part of your relationship with me and you receive them as part of your account membership. You agree that any communication that I send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. If you have any questions or feedback regarding the Website, you may contact me using the Contact River form on this page.
6. Right to Terminate
I reserve the right to terminate or restrict your use of the Website and/or my services, without notice, for any or no reason whatsoever. I reserve the right to determine whether a information you submit is appropriate and complies with these Terms of Use. I may remove such information and/or terminate your access for uploading material in violation of these Terms of Use at any time, without prior notice.
7. Disclaimer of Opinion
Any opinions, advice, offers, or other information expressed or made available by you or third parties or other users on the Website are those of the respective authors or producers. Under no circumstance shall I be held liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the information available through the Website.
8. Disclaimer of Warranty
Reasonable efforts have been made to ensure the accuracy of information presented on the Website, but the accuracy of this information cannot be guaranteed. The Website, all related content, and any and all services or products promoted via the Website are provided on an “as is” basis. When using the Website, information will be transmitted over a medium that is beyond my control and jurisdiction. The use of the Website, related content and any product or service discussed or promoted via the Website is at your sole risk.
YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, I DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEB SITE, THE CONTENT AND YOUR USE OF OR INABILITY TO USE THE SAME. NEITHER I NOR ANY OF MY THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, ACCURATE, COMPLETE, TIMELY, SECURE, RELIABLE OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE, OR AS TO THE QUALITY, ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE, PRODUCT, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE WEB SITE. THE WEB SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ACCURACY OF DATA, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER I NOR ANY OF MY AGENTS SHALL BE LIABLE OR RESPONSIBLE FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE WEB SITE OR RELATED MATERIALS OR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, (V) ANY BUGS, SPIDERS, ROBOTS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE. I DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE DISCUSSED, PROMOTED, ADVERTISED, OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND I WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
9. Limitation on Liability
If you are dissatisfied with the Website or any of it's content, or with any of these Terms of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue using the Website. I assume no liability relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with the use of the Website.
IN NO EVENT SHALL I OR ANY OF MY AGENTS BE LIABLE FOR ANY DAMAGES OR LOSS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE OR SIMILAR ECONOMIC LOSS, WHETHER TANGIBLE OR INTANGIBLE, ARISING OUT OF OR RESULTING FROM YOUR POSSESSION, ACCESS, DOWNLOAD OR USE OF THE WEB SITE OR THE INFORMATION OR MATERIALS PROVIDED THEREIN, INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING FROM YOUR RELIANCE ON THE CONTENTS OF THE WEB SITE OR ANY AFFILIATED SITES OR PRODUCTS, ERRORS IN THE CONTENT, DATA LOSS OR CORRUPTION, OR SOFTWARE OR HARDWARE DAMAGE, REGARDLESS OF THE BASIS OF SUCH LIABILITY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, BUG, TROJAN HORSE, ROBOT, SPIDER OR THE LIKE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS WEB SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT I AM NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, INFRINGING OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS WEB SITE IS CONTROLLED AND OFFERED BY ME FROM MY OFFICES IN THE UNITED STATES OF AMERICA, AND I MAKE NO REPRESENTATION THAT THE WEB SITE IS APPROPRIATE OR AVAILABLE IN OTHER LOCATIONS. THOSE WHO USE THE WEB SITE FROM OTHER JURISDICTIONS DO SO ON THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
IF, NOTWITHSTANDING THE PRECEDING PARAGRAPH, I OR ANY OF MY AGENTS IS FOUND LIABLE FOR ANY LOSS OR DAMAGE RELATING TO YOUR USE OF THIS WEB SITE OR PURCHASE OF ANY PRODUCT OR SERVICE THROUGH THIS WEB SITE, YOU AGREE THAT THE AGGREGATE LIABILITY OF SUCH PARTIES SHALL IN NO EVENT EXCEED THE LESSER OF (I) THE ACTUAL DAMAGES INCURRED BY YOU, OR (II) $500.00 UNITED STATES DOLLARS.
The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain warranties. Any claims arising in connection with your use of the Website or any related content must be brought within one year of the date of the event giving rise to such claim. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.
With respect to each release of rights by you provided in these Terms of Use: IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” I WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT, EVEN IF I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Indemnification
You agree to defend, indemnify and hold harmless me and my agents from and against any and all claims, actions, obligations, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and disbursements), known and unknown, asserted against, imposed upon or incurred by us arising out of, resulting from or relating to: (i) your use of the Website and/or any information, services and/or goods purchased or provided via the Website; (ii) your violation of these Terms of Use; (iii) your infringement or violation of any third party right, including but not limited to any copyright, property or privacy right; and/or (iv) any claim that any of your submissions caused damage to a third party.
The limitations, exclusions and disclaimers contained in this section and elsewhere in these Terms of Use apply to the maximum extent permitted by applicable law. The obligations under this Section will survive these Terms of Use and your use of the Website.
11. User Submissions and Contributions
Any information you provide to me is subject to my Privacy Policy. Any communication you send to any part of the Website, my Facebook Page, YouTube page, LinkedIn page, Twitter account or any other online source is non-confidential for all purposes. “User Submissions” include all forms of information or material uploaded or communicated in any manner by users to the Website, my Facebook Page, YouTube page, LinkedIn page, Twitter account or any other online source, including, but not limited to, questions, comments, reviews, participation in blogs, or suggestions for new or improved products or services. If you make any such submission, you automatically grant — or warrant that the owner of such content has expressly granted — me a royalty-free, perpetual, irrevocable, world-wide, non-exclusive, sublicenseable and transferable license to use, reproduce, sell, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication in any media or form, format or forum now known or hereafter developed. You hereby waive your moral rights in any such User Submission. I may sublicense my rights through multiple tiers of sublicenses. You also hereby grant each user of the Website, my Facebook Page, YouTube page, LinkedIn page, Twitter account or any other online source a non-exclusive license to access your User Submissions through the Website, Facebook Page, YouTube page, LinkedIn page, Twitter account or any other online source, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website, Facebook Page, YouTube page, LinkedIn page, Twitter account or any other online source and under these Terms of Use. You understand and agree that I may choose to retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize me to use all patent, trademark, trade secret, copyright and other intellectual property and proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use. All right, title and interest in and to User Submissions, to the extent it does not belong to third parties, will remain with you subject to the licenses you make herein.
I do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and I expressly disclaim any and all liability in connection with User Submissions. I do not permit copyright infringing activities and infringement of intellectual property rights on the Website, and I will remove a User Submission if properly notified that such User Submission infringes on another’s intellectual property rights. I reserve the right to remove User Submissions without prior notice. You acknowledge that you have no expectation of privacy with respect to User Submissions or other communications made through the Website.
I am free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any User Submission or other communication you may send to me including, without limitation, responses to questionnaires or through postings to the Website, my Facebook Page, YouTube page, LinkedIn page, Twitter account or any other online source, without compensation, acknowledgement or payment to you including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Website.
Should you send any unsolicited materials or ideas, you do so with the understanding that no consideration of any sort will be provided to you, and you are waiving any claim against me regarding the use of such materials and ideas, even if material or an idea is used that is the same as or substantially similar to the idea you sent.
I reserve the right to reject, remove or edit User Submissions at any time without notice. User Submissions should not be posted that infringe the rights of third parties or contain: (i) harsh, profane, vulgar or discriminatory language; (ii) illegal, obscene, threatening, defamatory or otherwise objectionable content; (iii) URLs, phone numbers, mailing or e-mail addresses, or personal attacks; (iv) misleading information regarding the origin of the content; or (v) a discussion of my policies or services. You understand and agree that I may, but I am not obligated to, review the content and may delete or remove it (without notice) in my sole discretion. I would appreciate your help in reporting any User Submissions that you believe violate the Terms of Use. Please direct the relevant information, including the IP address used to commit the alleged violation and the date and time of the alleged violation (including time zone) to me using the button at the top or bottom of this page.
12. Privacy Policy
Your acceptance of these Terms of Use and/or use of the Website constitutes your acceptance of my Privacy Policy, which is incorporated herein by reference.
13. Disputes
You expressly agree that any claim or controversy arising out of or related to these Terms of Use, the Website, or the services or products provided on or through the Website shall be settled in Austin, Texas, by the laws of Texas. Any such claim or controversy shall be resolved on an individual basis and shall not be consolidated with a claim of any other party. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Texas for the enforcement of this agreement and of any award in connection with any such dispute including any claim involving me or my agents. These Terms of Use are governed by the laws of the State of Texas, without respect to its conflict of the laws principles. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
14. Revisions to Terms of Use
These Terms of Use may be revised, modified, altered or updated by me at any time in my sole discretion. Such modified terms shall be effective immediately upon the posting thereof on the Website. Any access to or use of the Website by you after such posting shall be deemed to constitute your acceptance of such modified terms. If you object to the modified terms, you may cease your use of the Website.
15. Entire Agreement
These Terms of Use set forth our entire understanding and agreement relating to the subject matter hereof. By agreeing to these terms, you represent that you are not relying on any representation pertaining to the subject matter hereof that is not expressly set forth herein.
16. Severability
If any arbitrator or court of competent jurisdiction declares any provision of these Terms of Use to be invalid, unlawful or unenforceable as drafted, the parties intend that such provision be amended and construed in a manner designed to effectuate the purposes of the provision to the fullest extent permitted by law. If such provision cannot be so amended and construed, it shall be severed, and the remaining provisions shall remain unimpaired and in full force and effect to the fullest extent permitted by law.
17. Digital Millennium Copyright Act
It is my policy to respect the intellectual property rights of others and I seek to comply with all applicable laws and regulations regarding the protection of intellectual property. If you are a copyright owner or an agent thereof and believe that any information infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works on the Website;
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 me to locate the material;
Information reasonably sufficient to permit me to contact you, such as an address, telephone number, and an e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its/his/her agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
My designated Copyright Agent to receive notifications of claimed infringement is River Roaring, who you may contact using the Contact River form on this page. You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.
I will process any notices of alleged copyright infringement and will take appropriate actions under the DMCA. Upon receipt of notices complying with the DMCA, I will act expeditiously to remove or disable access to any information claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to information claimed to be infringing.
If you are the owner or an agent thereof, of material that was removed from the Website or disabled after I received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending me a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Austin, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, I may send a copy of the counter-notice to the original complaining party informing that person that I may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, and provides me with notice of same, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at my sole discretion.
18. Intellectual Property Notice
All content on the Website and related materials is owned by me and is protected by U.S. and international copyright, trademark and other intellectual property laws. All rights are reserved. Reproduction of any content, in whole or in part, without permission is prohibited.
19. Ability to Accept Terms
You affirm that you are at least 18 years of age, or have specific permission from me, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
20. General
No agency or business relationship is intended or created between you and me by your use of the Website or related materials. The provisions of these Terms of Use which by their sense and context are intended to survive the termination of these of Terms of Use or your use of the Website shall so survive and continue to bind the parties, regardless of the reason for termination. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you (and any such purported assignment shall be null and void), but may be assigned by me without restriction. In resolving any dispute or construing any provision hereunder, there shall be no presumptions made or inference drawn because of the drafting history of the agreement or because of the inclusion or deletion of a provision in a prior draft. These Terms of Use are for the benefit of me and my agents and each shall have the right to assert and enforce these Terms of Use directly or on their own behalf. These Terms of Use, its interpretation, performance or any breach thereof, shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the state of Texas applicable to contracts entered into and wholly to be performed within said state without regard to conflicts of laws.
Updated November 25, 2020