Terms of Agreement

Posted By David Gaines On Saturday, June 9th, 2012 With 0 Comments

Please read [or at least take a second and scan through it!] the terms of agreement [amended as of June 9, 2012] before using this service. By continuing to browse DavidGaines.com, you agree to abide by the conditions of this agreement, no matter how ridiculous you might think it is that I even have a terms of agreement for the site.

© 1997–Present Därú International.

1. Welcome to DavidGaines.com (“Service”). By using this Service, you agree to be bound by all of the terms of this Agreement. The Service is currently free to all users, and will remain as such, as long as I feel there’s nothing worthy of spending money on the site. Därú International reserves the right to charge for this Service in the future, though you’re more likely to see me in a Dallas Cowboys jersey before that happens. We reserve the right to change the terms of this Agreement or to modify any features of this Service at any time. And if you happen to catch me wearing a Cowboys jersey, you will be exempt from any charges if this site is to ever require a registration fee.

2. You represent that you have read and agree to abide by the guidelines set forth by this document.

3. This Service [including, but not limited to, text, photographs, graphics, video and audio content] is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, such as Korea, Kenya, Jamaica, Tajikistan, The Gambia, Romania, Brazil, Guyana, Monte Carlo, Iran, UAE and especially the Republic of Texas. Now, some of the stuff on the site has copyrights that don’t belong to me. But since you’re reading these terms, you are now legally obligating to keeping the cat in the bag. If I get sued, you might find yourself in a bag.

All individual articles, columns, editorials, content and other elements comprising this Service that are actually a product of my warped mind, they are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in this Service. By posting content on the Service, a user is giving Därú International the right to display such content on the Service and its affiliated publications and to distribute such content and use such content for promotional and marketing purposes.

4. (a) Except for content you have posted on the Service, or unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, talk bad about, or in any way exploit any part of this Service, except that you may download material from this Service for your own personal use as follows: you may make one machine readable copy and/or one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing, you may not distribute any part of this Service over any network, including a local area network, nor sell or offer it for sale.

If you do make a sell by using anything you stole from this site, I would like 50% of gross revenue and a letter of apology.

(b) DavidGaines.com has been specially designed by Därú International for presentation of content in a unique format and appearance just for you. We are concerned about the integrity of our Service when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our Service. In other words, please do not post any original work from this website on a site supported by al Qaeda, the Janjaweed or especially, the Republic of Texas.

(c) Just as DavidGaines.com requires users to respect our copyrights, and those of our affiliates and partners, we respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on our site without authorization [which I’m sure I asked] in a way that constitutes copyright infringement, you may notify our designated copyright agent [sounds good, huh?] by sending an email to thief@davidgaines.com. This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on this site. Any personal information you provide in your email will be used only for purposes related to your email.

5. You agree to indemnify and hold harmless Därú International and its parent and affiliates from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

6. This Service is available “as is.” We do not warrant that this Service will be uninterrupted or error-free. In the world that we live in, there are no guarantees other than death and taxes.

7. Därú International, and its parent and affiliates are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business or loss of data, in any way related to this Service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this Service [including without limitation as a result of breach of any warranty or other term of this Agreement]. Any claim against us shall be limited to the amount you paid, if any, for use of this Service. And if you did pay, I promise you I did not receive the check.

8. This Agreement may be terminated by either party for any reason at any time. Sections three (3) and five (5) through eight (8) of this Agreement shall survive such termination.

9. This Agreement shall be governed by the laws of the United States, unless the PATRIOT ACT eliminates my rights to having these rights.



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