License Agreement and Disclaimer:
Aimless Coyote - websites, content, and products
(Here's the boring stuff that lawyers are paid to interpret.
The hard and fast summary is this: don't borrow my stuff without asking me first. (If it's in the /download subdirectory, however, you don't have to ask.) If you do borrow, give me credit, don't sell it, don't link remotely, and don't use it to make my reputation any worse than it already is. That's MY job. For details, read on.)
Use or purchase of any content or product created by or for Aimless Coyote
indicates that you understand
and agree to abide by the terms below. "Creator"
herein refers to Aimless Coyote, their successors, or assigns. "Content" herein refers
to any part of any website, publication, product, or service created by or for Creator,
plus content used with or without License by other entities.
"Product" herein refers to any item, group of items, publication, or service which is,
has been, or is intended to be offered by Creator for public or private use. "User" herein refers
to any person, company, entity, or organization that is using, has used, or intends to use any
Content or Product. "Boring and Legalese" refers to this agreement as a whole.
License Agreement
Use of this website (or content from this website) indicates that you have read and agree
to be bound by all applicable licenses and disclaimers.
A. INTRODUCTION:
Creator provides User with content and grants to the same a license to use said
content strictly in accordance with the terms of the License dictated herein.
The copyright and all other rights to said content shall remain with Creator,
or in some cases where content has been borrowed, with the original creator.
You must reproduce any copyright, trademark, or other notice marked on the content
on all copies you make.
B. YOU MAY:
1. view all or part of the content, unmodified, for personal use.
2. quote up to 100 words of the written content, so long as credit is given to the
original copyright holder (in strict accordance with Fair Use Act and all applicable
U.S. copyright law).
3. refer others to the content, through website links or any other method, given that:
i) the referral or use is free to the user;
ii) the content is not modified, taken out of context, or contained in other content
(for example, with a frame or iframe); and
iii) links or referrals must lead to complete hypertext pages ("web pages"), not to
associated files (jpegs, gifs, etc.). Remote linking to files (also called
"bandwidth piracy") is specifically forbidden, and may lead to additional fines
for reimbursement.
4. download and use specific portions of Content for personal purposes, free of charge,
given that:
i) the relevant portion is clearly marked as a free download, otherwise that
permission is obtained in writing, from Creator, prior to use;
ii) credit is given to the Creator, and a link is posted to the Creator's website;
iii) prospective use is for personal purposes only, and content will not be sold,
distributed, or used in whole or part for any commercial purpose.
5. download and use specific portions of Content for commercial purposes, given that:
i) permission is obtained in writing, from Creator, prior to use;
ii) all fees and royalties are negotiated with Creator or Creator's assigns
prior to use, and payment has been remitted to Creator;
iii) all other terms of this License are met, except as specifically negotiated
at time of fee negotiations, particularly the provisions of C.10.
6. worship Coy as a wonderful and snickery critter who is not above putting a joke in
the middle of a legal-type document.
C. YOU MAY NOT:
1. use the content or make copies of it except as permitted in this License.
2. translate, reverse engineer, decompile, or disassemble the content.
3. charge others to use the content.
4. modify the content or merge all or any part of the content with another.
5. create scandalous, obscene, defamatory or immoral works using the content, nor use the
content for any purpose which is prohibited by law.
6. redistribute, sell, or publish the content, except as permitted under this License.
7. use any content related to identifiable individuals, entities, or concepts in a manner
that suggests their association with or endorsement of any product, service, or hate group.
8. use or permit the use of the content or any part thereof as a trademark or service mark,
or claim any proprietary rights of any sort in the content or any part thereof.
9. use or permit the use of the content to slight, denigrate, or otherwise portray the Creator
in a negative or intentionally hurtful or offensive manner.
10.use the content in any publication, website, product, or other manifestation independent
of Creator, in any format, unless all of the following are met:
i) specific, written permission is obtained from Creator prior to use;
ii) a visible credit to Creator is included in the proposed use (or is waived by Creator in
writing, in advance);
iii) a visible notice is included in the proposed use specifying that the images are
subject to this License Agreement;
iv) the content thus used does not represent a significant portion of the content of the
proposed use;
v) the proposed use is not a publication, website, product or other manifestation which
competes with or can be construed as competing with any of Creator's publications, websites,
products or other content; and
vi) a Licensing Fee per each image, soundfile, or block of 100 characters is pre-paid in
advance. Said fee shall be negotiated per incidence or by specific arrangement.
D. TERM:
This License shall remain in effect for as long as User uses the content, in part or in
whole, according to the terms of this agreement. It will terminate immediately if User
fails to comply with any of its terms or conditions. User agrees, upon termination, to
destroy all copies of the content or elements of the content, modified or unmodified.
In addition, in cases of gross violation of this agreement, User agrees to pay punitive
fees of no less than U.S. $1000 per image, soundfile, or block of 100 characters used in
violation, plus 50% of all income generated by use of the same, dating back to beginning
of use.
Where the specific content used in violation is indeterminable, any and all content used
shall be considered in violation. Where the date of content use is indeterminable, the
date shall be considered January 1, 2002.
The terms of the Disclaimer also apply to this License.
ADDENDUM A - Regarding the Purchase of Products or Services created or supplied by AimlessCoyote.com.
The provisions of this License Agreement and Disclaimer apply also to purchased products or
services, with the following specifications:
1. Rights of the Creator (Aimless Coyote). The copyright and ownership of all works created by the Creator remain property of the same, along with all rights, licensing, and subsidiary interests. Under no circumstances shall the purchaser claim ownership or creation of the work(s) in question, nor shall said works be redistributed, published, sold, or otherwise
used for commercial purposes, in part or in whole, modified or otherwise, without a
specific side-agreement with the creator detailing royalties and rights.
2. Rights of the Purchaser. The purchaser is entitled to receive their product, complete and
reasonably free of error, within the time allotted in the estimate (or 30 days, if deadline
is unspecified). The purchaser may use their purchase for an unlimited time, so long as
they abide by the other provision of this License. The purchaser is also entitled to
changes in a personalised work, up to 10% of the original matter (within three revisions)
with no additional fee.
The purchaser may also enjoy his or her purchase free of charge. :-P
Legal Disclaimer
By perceiving or using any content or product, User thereby attests that they understand,
accept, and will abide by the following terms.
User shall indemnify and save harmless Creator from any claim, action, liability, loss,
damage or suit, arising from use, misuse, possession, sale, or purchase of content or
products.
User is of legal age, or has the consent of a legal guardian to use content, and
agrees to accept all responsibility for payment and use of said content or product(s)
if required. User furthermore attests that they understand and accept all of Creator's
policies that may apply to specific content or products.
User understands that all content (including but not limited to information, ideas,
graphics, text, code, and layout) is copyright (c)2002-2003 AimlessCoyote.com, except as
specifically noted.
User agrees to abide by the License Agreement regarding all content, and furthermore
acknowledges that violating this agreement may make User subject to penalties imposed
and determined at the sole discretion of Creator.
Creator is not responsible for content uploaded to its website by Users, including but
not limited to offensive, copyrighted, or trademarked images, words, and ideas.
User agrees that the individual who uploaded said content is solely at fault.
User agrees that any and all court proceedings shall take place in the jurisdiction
where Creator resides at the time such proceedings are filed (or in that
jurisdiction's superior court). User agrees, furthermore, to pay any and all associated
legal costs of Creator in the case that User's suit be unsuccessful, inconclusive, or
dismissed.
User agrees that content or products, if applicable, shall be ordered and paid for by
persons of adult age and status sufficient to be held legally responsible for payment
and use of the same; otherwise that those lacking this age or status shall have the
express consent of a legal guardian to perform said purchases and use.
User agrees that all content is intended for entertainment purposes only. User agrees
to indemnify and save harmless Creator from any claim, action, liability, loss, damage
or suit, arising from use, misuse, misconstrual, or inaccuracies of Creator content
or products. Where applicable, depictions of actual trademarks, copyrighted material,
or real persons, living or dead, appear for entertainment and parody purposes only.
No intention is present or attempt is made on the Creator's part to libel, impugn,
or otherwise denigrate the subjects thus depicted.
User agrees that Creator is not responsible for the accuracy or feasibility of information,
concepts, or accounts contained in and/or promoted by the Creator's content or products.
User agrees that reading down to this point equates with being either a masochist or
a lawyer, which is often the same thing. Creator expresses heartfelt sympathies.
User agrees that Creator is not responsible for damage, injury, illness, or death resulting
from Creator content or products, whether incurred directly or indirectly.
User agrees to seek professional medical assistance in case of illness or injury; all
content or products pertaining to health should not be utilized without the consultation
of a trained medical professional.
User agrees not to attempt any ritual or stunt mentioned in any content or product
without the consultation of a trained professional. Creator is not responsible
for people blowing themselves up, magick gone awry, demons, or small angry gnomes.
User agrees to abide by all local, state, federal, or international regulations in regard
to Creator content and products. If any content or product is forbidden, controlled, or
restricted in a given area, it is solely User's responsibility to know and to obey
these restrictions.
User understands that Creator's prices, products, content, policies, License Agreement,
Disclaimer, and mood are subject to change without advance notice, at sole discretion
of Creator. User agrees to abide by said changes from the date of change forward.
It is solely User's responsibility to monitor and adhere to changes in any of the above.
This agreement will be governed by and construed in accordance with the laws of the
Commonwealth of Virginia without giving effect to principles of conflict
of laws. If any provision of this Agreement is held to be invalid
or unenforceable, such provision shall be struck and the remaining provisions
shall be enforced. Creator's failure to act with respect to a breach
by User or others does not waive Creator's right to act with respect to subsequent
or similar breaches. This Agreement, and the License Agreement above, sets forth the
entire understanding and agreement between User and Creator.
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