Your use of our service(s) implies that you have read and accepted these Terms and Conditions. tmackinnon.com may hereafter be referred to, both individually and collectively, as “The Website”) from which you accessed this agreement is provided to you subject to the conditions listed below. These terms are in addition to any other terms that individual website owners within the tmackinnon.com may include for governing access to their websites.
Any Non-Human Visitors to these websites shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. Such individual(s) shall be deemed responsible for the actions of their non-human visitor devices in the same manner as if they personally visited the website.
Please read this Agreement carefully before accessing or using this Website. By accessing or using any part of tmackinnon.com, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of its services.
Our products and services are designed to give owners as much control and ownership over their site as possible and to encourage users/members to express themselves freely. However, each site owner must be responsible for the content of their site. In particular, as a site owner, you must make certain that none of the prohibited items listed below appear on your site or get linked to from your site (things like spam, viruses, or hate content).
SPECIAL LICENSE RESTRICTIONS FOR NON-HUMAN VISITORS
A special restriction on a visitor’s license to access the website applies to all non-human visitors. Non-human visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from the website automatically.
Email addresses on the tmackinnon.com are considered proprietary intellectual property. It is recognized that these email addresses are provided for human visitors alone. Intentional collection, harvesting, gathering, and/or storing the website’s email addresses is recognized as a violation of this agreement and expressly prohibited.
You do not claim intellectual property right or exclusive ownership to any of our products or services, whether modified or unmodified. All products and services are the property of tmackinnon.com. Our products and services are provided ‘as is’ without warranty of any kind, either expressed or implied. In no event shall our organization (or any business or individual associated with tmackinnon.com) be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use our products or services.
Responsibility of Contributors.
If you operate a website, comment on a website, post material to the website, post links on the website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, ‘content’), You are entirely responsible for the content of, and any harm resulting from, that content. That is the case regardless of whether the content in question constitutes text, graphics, an audio file, computer software or any other type of electronic content. By making content available, you represent and warrant that:
the downloading, copying and use of the content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
you have fully complied with any third-party licenses relating to the content, and have done all things necessary to successfully pass through to end users any required terms;
the content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the content is not obscene, libellous, defamatory, hateful or racially bigoted, does not violate the privacy or publicity rights of any third party and is not otherwise unlawful;
your site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your site’s URL or name is not the name of a person other than yourself or company other than your own; and
you have, in the case of content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by [website-name] or otherwise.
By submitting content to tmackinnon.com for inclusion on the site, you grant tmackinnon.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content solely for the purpose of displaying, distributing and promoting your site or content. If you delete content and advise us, tmackinnon.com will use reasonable efforts to remove said content from the website, but you acknowledge that caching and/or other references to the content may not be made immediately unavailable.
Without limiting any of those representations or warranties, tmackinnon.com has the right (though no obligation) to, in our sole discretion (i) refuse or remove any content that, in our reasonable opinion, violates our policy or is in any way harmful, unlawful or objectionable, or (ii) terminate or deny access to and use of the website to any individual or entity for any reason, in our sole discretion.
Responsibility of Website Visitors.
We have not reviewed, and cannot review, all of the material, including computer software, posted to the website, and cannot therefore be responsible for that material’s content, use or effects. By operating the website, tmackinnon.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Any user or site owner who finds content that is offensive, indecent, or otherwise objectionable, or content containing technical inaccuracies, typographical mistakes, or other errors has a responsibility to report such Content to tmackinnon.com.
In the same way, anyone who discovers content on the website that contains material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated, must report the same to us. tmackinnon.com disclaims any responsibility for any harm resulting from the use by visitors of the website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which tmackinnon.com links, and that link to tmackinnon.com. We do not have any control over other websites and web pages, and are not responsible for their contents or their use.
By linking to other websites or web pages, tmackinnon.com does not necessarily represent or imply that it endorses such website or web pages. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. tmackinnon.com disclaims any responsibility for any harm resulting from your use of other websites and web pages.
Copyright Infringement and DMCA Policy.
As we ask others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by tmackinnon.com violates any copyright, you are encouraged to notify us. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of tmackinnon.com or others, we may, in its discretion, terminate or deny access to and use of the Website.
This Agreement does not transfer from tmackinnon.com to you or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with tmackinnon.com. This website, its domain, logos, and all other trademarks, service marks, graphics and logos used in connection with tmackinnon.com, or the Website are trademarks. Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. Your use of tmackinnon.com grants you no right or license to reproduce or otherwise use any tmackinnon.com or third-party trademarks.
We reserve the right, at its sole discretion, to modify or replace any part of this agreement. It is your responsibility to check this agreement periodically for changes. Your continued use of or access to the website following the posting of any changes to this agreement constitutes acceptance of those changes.
We may terminate your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website.
Disclaimer of Warranties.
The materials on tmackinnon.com are provided ‘as is’. We make no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, tmackinnon.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site.
Limitation of Liability.
In no event will tmackinnon.com, or its suppliers or licensors, or any individuals associated with those entities, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to [website-name] under this agreement during the twelve (12) month period prior to the cause of action. tmackinnon.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You agree to indemnify and hold harmless tmackinnon.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Website, including but not limited to out of your violation of this Agreement.
APPLICABLE LAW AND JURISDICTION
Each party agrees that any suit, action or proceeding brought by such party against the other in connection with or arising from the Terms of Service (“Judicial Action”) shall be governed by the law of the state of residence of the registered Administrative Contact (the “Admin State”) for the Website as such laws are applied to agreements between Admin State residents entered into and performed entirely within the Admin State. You consent to the jurisdiction of federal and state courts within the Admin State. You consent to the venue in any action brought against him in connection with breaches of these Terms of Service. You consent to electronic service of process regarding actions under the above agreement.
RECORDS OF VISITOR USE AND ABUSE
You consent to having your Internet Protocol address recorded. An email address may appear immediately below (the “Identifier”) if we suspect potential abuse. The Identifier is uniquely matched to your Internet Protocol address. Visitors agree not to use this address for any reason.
VISITORS AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING TO A THIRD PARTY OR SENDING ANY MESSAGE(S) TO THE IDENTIFIER CONSTITUTES AN ACCEPTANCE AND SUBSEQUENT BREACH OF THESE TERMS OF SERVICE.