These Terms and Conditions of Use apply to you when you view, access, or otherwise use the Web site located at www.rickstevenson.com (the “Site”). The Site is owned by Rick Stevenson and his affiliates. We grant you a nonexclusive, nontransferable, limited right to access, use, and display the Site and the materials provided hereon, provided that you comply fully with these Terms and Conditions of Use.
2. Copyright Notice. All materials and software published on or used on the Site are protected by copyright, and are owned or controlled by or licensed to the Site, or the party listed as the provider of the materials or software. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, POSTING, TRANSMITTING, OR DUPLICATING OF ANY OF THE SITE MATERIAL IS PROHIBITED. You may download any downloadable materials displayed on the Site only for personal, noncommercial, and informational purposes, provided that the documents are not modified and provided you maintain and abide by all copyright, trademark, and other notices contained in such material or, if none, you include the following copyright notice in such downloaded materials:
© Copyright [year of access] Rick Stevenson. All rights reserved. All use subject to Terms and Conditions of Use set forth at www.rickstevenson.com/myvideodiary/store-terms-and-conditions.
3. Commercial Use of Site Materials and Screen Shots. Reproduction, copying, or redistribution of materials posted on the Site for commercial purposes is prohibited without the express written permission of Rick Stevenson. To obtain permission to copy portions of this site, please contact us through our website and provide the following information in the body of the email:
- the content you wish to use;
- where, when, and how it will be used (for example, a seminar, newsletter or news article);
- where and how copies will be distributed and to what audience;
- how many copies will be produced and distributed;
- what other materials will be associated with the Site content; and
- your name, title, company, address, email address, and phone number.
We will evaluate and respond to your request as soon as possible. We reserve the right to refuse permission to copy, distribute, broadcast, or publish any copyrighted material, including text and images on our Site.
4. Service Mark Notice. “My Video Diary,” “MyVideoDiary,” “The 5000 Days Project,” “Official Best of Fest,” “Rick Stevenson” and other related marks are service marks of Rick Stevenson and are protected by law. They may be used publicly only with permission from Rick Stevenson. Fair use of the service marks requires proper acknowledgment. ALL RIGHTS RESERVED.
5. Links to Other Sites and/or Materials. Links may appear on the Site that may reference other Web pages. These links are provided solely as a courtesy to our Site visitors. We have no control over the linked sites or the materials, information, goods or services available or contained on these linked sites. we are not responsible for and do not endorse or warrant in any way any materials, information, goods, or services available through such linked sites or any privacy or other practices of such sites. If you decide to access any of the linked sites, you do so entirely at your own risk. We reserve the right to terminate any link at any time.
6. Prohibited Actions. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. Unauthorized use or modification of any information stored on the Site may result in criminal and/or civil prosecution under Federal, State, and local law. You may not use the Site for anything other than a lawful and legitimate purpose. You agree not to use the Site to carry out any unauthorized alteration of any data or information on the Site or to conduct any activity that infringes on the copyright, patent, trademark, service mark, or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site. We reserve the right to limit or deny your access to the Site or take other appropriate action if you violate any provision of these Terms and Conditions of Use or if you conduct any activity that violates the rights of any person or entity, or which we in our sole discretion deem unlawful, offensive, threatening, abusive, or potentially harmful or malicious.
7. Subscription. Various subscription levels grant registered Site users access to specific site functionality, as specified during Subscription Registration on the site.
8. Renewal. These terms and conditions shall automatically renew in tandem with subscription renewal, unless terminated in accordance with “Termination” below.
9. Termination. Subscription agreements may be terminated:
- By the Subscriber either closing an account or letting a subscription lapse without renewal.
- By the Site on written notice to the Subscriber if the Subscriber has committed any material breach of the Terms and Conditions and in the case of a breach capable of being remedied, has failed to remedy the breach, within 30 days after the receipt of a written request in writing from the Site notifying the Subscriber of such breach.
- By the Site on electronic notice to the Subscriber if the Subscriber fails to pay any sum(s) due to the Site under the Subscription Registration and such sum(s) remain unpaid for sixty (60) days after electronic notice from the Site that such sum(s) have not been paid.
For the avoidance of doubt, termination of the Subscription Registration for any reason shall not entitle the Subscriber to any refund of the annual sum due under the Subscription Registration.
10. Modification of Terms and Conditions of Use. The Site reserves the right to revise these Terms and Conditions of Use at any time by updating this posting. Your continued use of the Site constitutes your agreement to comply with such revisions, so you should visit this page from time to time.
11. Electronic Communications May Not Be Used to Provide Notice. Communications made through the messaging system shall in no way be deemed to constitute legal notice to Rick Stevenson or his representatives, such as where notice to the Site is required by contract, or any federal, state, or local laws, rules, or regulations.
12. Disclaimer; Limitation of Damages. The Site expressly disclaims all liability for any viruses or other contamination of your computer system or other device used to access this Site as a result of your use of this Site, and expressly disclaims all liability for actions taken or not taken based on any or all of the contents of this Site. THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE SITE MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. USE OF THE SITE IS AT YOUR OWN RISK. In no event shall the Site be liable for any losses or damages, howsoever arising, through the use of or the inability to use the Site. The Site does not accept liability for a buyer’s action(s) or decision(s) based on the information, description of products, materials and services, or content provided on the Site or on any other website(s) that may from time to time be linked to this website. At all times the liability, if any, of the Site arising out of any legal claim connected with the service, materials, or products rightfully sold or otherwise obtained from the Site shall not exceed the sum paid to the Site for the said service, materials, or products.
13. Applicable Laws; Venue. Rick Stevenson and his agents operate the Site from offices in Shoreline, WA and make no representations that materials on the Site are appropriate or available for use in other locations. The display of the Site alone does not subject the Site to any specific jurisdiction. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules and regulations. You may not use or export any of the Site materials in violation of U.S. export laws and regulations. Any claim related to the use of the Site or to the Site materials shall be governed by, construed, and enforced in accordance with the laws of the State of Washington as applied to agreements made and to be performed entirely therein. Any action arising out of or related to the access, use, content, or existence of this Site shall be filed only in the appropriate state or federal court located within the State of Washington. The access, viewing, or use of this Site constitutes the user’s express permission and consent to the jurisdiction of the state and/or federal courts of the State of Washington for purposes of such actions.
14. None of these materials can be resold.