(Last update August 15, 2015)
1. GENERAL RESTRICTIONS. Except as expressly stated otherwise in these Terms (“herein”), Martin Janello is the sole owner of all content on or referenced by the Site (“Site Content”), including without limitation all electronic content offered by the Site for direct viewing or direct download or for viewing or download through other sites (“Electronic Materials”) and Martin Janello's print books featured on the Site (“Print Books”). Martin Janello's ownership does not include third party sites and any of their content not originated by Martin Janello, nor does it include tradenames or trademarks owned by other parties or copyrighted materials owned by other parties contained in links reproduced on the Site or in other Site Content. Martin Janello's ownership includes without limitation all applicable U.S. and non-U.S. copyrights, patents, trademarks, trade secrets, and other intellectual property rights thereto. Without limitation, Martin Janello owns the trademarks to Palioxis, Palioxis Publishing, and the Palioxis Publishing colophon. Martin Janello reserves all rights under copyright law, other intellectual property law, and any other applicable law. Without limitation, you may not download, upload, store, copy, reproduce, post, distribute, publish, sell, grant any license or other right, display, transmit, adapt, or modify any of the Site Content owned by Martin Janello without the prior express written permission of Martin Janello. Notwithstanding, for Electronic Materials only, the provisions of the “Electronic Materials Restrictions” clause below shall govern to the extent they deviate from or particularize the provisions of this “General Restrictions” clause.
2. ELECTRONIC MATERIALS RESTRICTIONS. The technological dissemination potential inherent in the electronic presentation of content requires special provisions to protect Martin Janello's copyright and other rights. ELECTRONIC MATERIALS MADE AVAILABLE FOR DOWNLOAD MAY BE INVISIBLY AND/OR VISIBLY LABELED TO IDENTIFY THE LICENSEE OR THE LICENSE AND TRACE VIOLATIONS OF PERMISSIONS. All permissions regarding Electronic Materials herein constitute revocable, nonexclusive, nonsublicenseable licenses that are limited to your personal, noncommercial use and are subject to restrictions and prohibitions as stated herein. You may view on-line any Electronic Materials that the Site designates as free of charge publicly available for viewing on-line without any restrictions regarding devices on which you may view such content on-line. All permissions for and upon download of Electronic Materials are limited to (a) personal computers, tablets, phones, and electronic reading devices, (“electronic viewing devices”), you exclusively own and (b) electronic viewing devices whose ownership you share with members of your domestic household, provided that you maintain exclusive control of access to partitions that contain downloaded Electronic Materials. The so limited electronic viewing devices shall be called “Permitted Devices.” All permissions for and upon download of Electronic Materials are limited to the duration of your ownership and exclusive control of Permitted Devices, and you must delete all downloaded Electronic Materials from them when your ownership or exclusive control ends. You may download, store, and electronically retrieve for your viewing one copy of the Electronic Materials that the Site designates as free of charge available for download (“Free Downloads”) for each of the Permitted Devices. You may further, upon each payment as required by the Site or a linked site, download one copy of Electronic Materials whose download is available at a monetary charge (“Paid Downloads”). You may store and electronically retrieve for your viewing that copy of Paid Downloads on each of the Permitted Devices. You may further store one copy of Free Downloads and Paid Downloads (“Downloads”) in a remote data storage device that serves as regular repository for files of any of the Permitted Devices, provided access to that copy is exclusively restricted to you and that such copy shall be deleted if you stop using the remote data storage device. You may also make one electronic backup copy of Downloads for the sole purpose of reinstalling them after their original copy has been damaged or lost. You may further print, for your personal, noncommercial use only, one copy of Downloads and any Electronic Materials that the Site designates as free of charge publicly available for viewing on-line. If that copy becomes unusable due to damage, you may make one replacement copy, provided that you destroy the previous printed copy. All permissions regarding Electronic Materials are personal to you and are nontransferable. Without limitation, you may not (a) download, store, or use any of the Electronic Materials on a system or an array of systems that allows shared use or transfer of Electronic Materials, (b) share, sell, assign, lend, lease, encumber, distribute, sublicense, broadcast, transmit, or otherwise transfer any part of Electronic Materials or your rights or obligations hereunder, (c) make any part of Electronic Materials available to other parties for any purpose, (d) except as expressly provided herein, copy or print any part of Electronic Materials, (e) modify, create derivative works from, publicly display, publish, or in any way exploit any part of Electronic Materials, (f) remove or alter any copyright notices or any marks identifying the license or download from any part of Electronic Materials, or (g) assist or permit others to undertake activities prohibited to you hereunder. NOTWITHSTANDING ANY RESTRICTIONS TO THE CONTRARY, MEMBERS OF YOUR HOUSEHOLD DOMICILED AT THE SAME ADDRESS AS YOU SHALL BE PERMITTED TO VIEW DOWNLOADS ON PERMITTED DEVICES OR TO VIEW YOUR PRINT COPY AS LONG AS THEY REMAIN MEMBERS OF YOUR HOUSEHOLD DOMICILED AT THE SAME ADDRESS. THIS LIMITED EXTENSION SHALL NOT OTHERWISE EXTEND THE SCOPE OF THE LICENSE TERMS HEREUNDER. FURTHER, IT IS CONTINGENT UPON YOUR INFORMING SUCH USERS OF THE SCOPE OF THE LICENSE TERMS HEREUNDER, YOUR LEGALLY BINDING THEM NOT TO VIOLATE THESE TERMS, AND THAT YOU AGREE TO BE JOINTLY AND SEVERALLY LIABLE FOR THEIR VIOLATION OF LICENSE TERMS HEREUNDER. Martin Janello retains all rights not expressly granted herein. If you or any of the additional licensees violate any of the terms hereunder or any laws protecting Martin Janello’s rights, your rights and their rights under the license are automatically terminated, but your and their obligations and Martin Janello's rights continue. These consequences shall be in addition to all other remedies for a violation of Martin Janello's rights which shall continue to be available unabated.
3. SUBMITTALS AND SERVICE CONTRACT REQUIREMENTS. Palioxis does not claim any rights in submittals for consultation or publishing provided that these are submitted pursuant to a link that may be provided in the Submittal section of this Site (“Submittals”). By submitting a Submittal, you represent and warrant that you have all necessary rights in the Submittal and that your Submittal and its use by Palioxis do not and will not infringe on any proprietary or other third party rights. COMMUNICATIONS RECEIVED BY PALIOXIS THROUGH FACILITIES OF THE SITE OTHER THAN A LINK IN THE SUBMITTAL SECTION OF THE SITE SHALL BE CONCLUSIVELY REGARDED AS NOT CONSTITUTING SUBMITTALS AND SHALL BE SUBJECT TO THE PROVISIONS OF THE IMMEDIATELY FOLLOWING CLAUSE ENTITLED "COMMUNICATIONS" AND OTHER PROVISIONS REGARDING POSTINGS AS DEFINED THEREIN. Contractually binding obligations by Palioxis or other parties regarding services are contingent upon Palioxis and you entering into a definitive written Consulting Agreement or Publication Agreement that is signed by both. Until that time, Palioxis reserves the right to consider, not consider, or cease consideration of any submittal or manuscript at any stage in its sole discretion and without any liability connected thereto. Palioxis has no obligation, contractual or otherwise, express or implied, to consider or respond to any communication, to provide any services, or to save or return any materials provided to Palioxis until and unless you and Palioxis enter into a definitive written Consulting Agreement or Publication Agreement that is signed by both.
4. COMMUNICATIONS. By sending information through the Blog Participation Form or through the contact form in the Contact section of the Site, sending e-mails to Palioxis or responding to e-mails by Palioxis, uploading data or files to or otherwise communicating with Palioxis other than through a link that may be provided in the Submittal section of the site, (collectively “Postings”), you grant (or warrant that the owner of such rights has expressly granted) to Palioxis a perpetual, irrevocable, nonexclusive, royalty-free, unrestricted, worldwide, fully sub-licensable license to copy, reproduce, edit, modify, adapt, translate, and create derivative works from the Postings, and to use, publish, distribute, perform and display such Postings and derivative works, in whole or part, and to incorporate such Postings and derivative works in other works in any form, media, or technology now known or later developed. This grant includes without limitation the right to exploit any proprietary rights, including but not limited to rights under trademark, copyright, service mark or patent laws in any relevant jurisdiction. By submitting a Posting, you represent and warrant that you have all necessary rights for the effective grant of this license and that your Posting and its use by Palioxis do not and will not infringe on any proprietary or other rights of any third party. You also warrant that any “moral rights” in Postings have been waived. IN NO EVENT SHALL PALIOXIS HAVE AN OBLIGATION TO KEEP OR HANDLE POSTINGS IN ANY GENERAL OR PARTICULAR MANNER, INCLUDING WITHOUT LIMITATION DISCLOSURE OR NONDISCLOSURE, MODIFICATION OR NONMODIFICATION, DISPLAY OR NONDISPLAY, AND PALIOXIS SHALL HAVE FULL DISCRETION WITH REGARD TO THEM. IN NO EVENT SHALL PALIOXIS BE LIABLE FOR COMPENSATION OR IN ANY OTHER WAY REGARDING ANY POSTINGS OR THEIR PROCESSING. Blog participation is subject to additional conditions below.
5. BLOG. You agree that all of the information contained in the Blog is in the nature of opinion or subjective impression and might not be correct. You agree to independently verify all information in the Blog before acting on it. To contribute to the Blog, you must provide information in accordance with instructions of the Blog Participation Form. You are solely responsible for the security of that information and agree to defend, indemnify, and hold harmless Palioxis regarding any use or unauthorized use of your information. You may not post on or send to any participant of the Blog any material that is vulgar, abusive, obscene, threatening, harassing, libelous, defamatory, invades a person’s privacy, or known to be false. You may not post any material that violates any intellectual or other property rights or that otherwise violates any law. You may not use the Blog for commercial purposes or to solicit funds, goods, or services. Palioxis does not have an obligation to moderate the Blog or to screen or remove any contributions. However, Palioxis reserves the right to reject, modify, or remove any material in Palioxis's sole and separate discretion. IN NO EVENT SHALL PALIOXIS BE LIABLE FOR MATERIAL POSTED ON THE BLOG OR THE INTERACTIONS OR REACTIONS OF ANYBODY DIRECTLY OR INDIRECTLY ARISING THEREFROM, INCLUDING WITHOUT LIMITATION EVEN IF PALIOXIS HAS PLACED SUCH MATERIAL OR ALLOWED SUCH MATERIAL TO BE PLACED ON THE BLOG, HAS MODIFIED IT, OR IT DOES NOT COMPLY WITH THE REQUIREMENTS STATED IN THIS CLAUSE. Contributors remain solely responsible for the material they post regardless of whether Palioxis allows, modifies, or removes such material. Palioxis may, at its sole discretion, limit, bar, suspend, modify, or terminate any contributor’s participation in the Blog or the Blog itself.
6. LINKED WEBSITES. The Site may provide links with other websites that are exclusively controlled by third parties. Except as expressly stated herein, these Terms do not cover these third party sites. You are cautioned to review the terms and conditions of any site you access through a link from this Site.
10. PERMISSIBILITY, TOLERANCE, AND INDEMNIFICATION. Palioxis has no control over (a) your reaction to Covered Materials or to your inability to access or use them or (b) the permissibility of, or tolerance by others toward, Covered Materials, your Postings, your Submittals, or your activities in relation to Covered Materials, your Postings, or your Submittals, in environments to which you or others may be subjected. You agree to be solely responsible for your reaction to Covered Materials or to your inability to access or use them. You further agree to be solely responsible for your compliance with local, state, national, and international laws, as well as the reaction of others, regarding your access, use, attempt to access or use, or inability to access or use, Covered Materials, regarding your Postings and Submittals, and regarding your actions directly or indirectly arising in connection with Covered Materials, Postings, or Submittals. By linking to, downloading, ordering, receiving, or otherwise using or attempting to use Covered Materials or issuing Postings or Submittals, you represent and warrant that such activities and Palioxis' and other parties' reasonably to be expected corresponding activities are permissible in the legal order that is applicable by virtue of your involvement. UNDER NO CIRCUMSTANCES SHALL PALIOXIS BE LIABLE FOR YOUR REACTION TO COVERED MATERIALS OR TO YOUR INABILITY TO ACCESS OR USE THEM OR FOR THE LOSS OF DATA OR OF PHYSICAL SHIPMENTS OR FOR ANY OTHER OCCURRENCES DUE TO ACTIONS OR INACTIONS OF GOVERNMENTAL AUTHORITIES OR OTHER FORCES DIRECTLY OR INDIRECTLY ARISING FROM COVERED MATERIALS, YOUR POSTINGS, YOUR SUBMITTALS, OR YOUR ACTIONS WITH REGARD TO COVERED MATERIALS, YOUR POSTINGS, OR YOUR SUBMITTALS. You agree to defend, indemnify, and hold harmless Palioxis from all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising directly or indirectly from (a) your access, use, attempt to access or use, or inability to access or use Covered Materials and your activities with regard thereto, (b) your Postings or Submittals, and (c) any violation of these Terms or of applicable law by you.
11. TRANSIT AND IMPORT CHARGES. You acknowledge that your orders of physical or electronic merchandise may be subject to duties, taxes, and fees imposed by authorities governing their transit territory or destination and that you are responsible for any such charges.
12. JURISDICTION AND APPLICABLE LAW. These Terms shall be governed by the laws applicable in the state of Arizona, USA, without giving effect to its conflicts-of-law rules. Exclusive jurisdiction and venue for any claim or dispute involving you and Palioxis relating to Covered Materials, your Postings, Submittals, or any matters directly or indirectly arising in connection with any of the foregoing shall be in the state or federal courts located in the state of Arizona, USA, and you agree to be subject to personal jurisdiction in these courts.
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