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Associated Websites Terms & Conditions

This notice covers and applied to (unless otherwise stated) all websites utilizing McGuinnessDomains domain names under agreement.

1. Agreement to Terms.
By using these Websites, you signify that you agree to these Terms of Use. In addition, when using particular services available on these Websites, you will be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. If you do not agree to the Terms of Use, please do not use these Websites. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check these terms periodically for changes. Your continued use of Tim McGuinness and / or McGuinnessDesigns and / or McGuinnessPublishing / or other McGuinnessDomains web sites after the posting of changes to these terms will mean you agree to abide by those changes. Please note that additional and/or different terms of use may apply to services provided through one or more business associates of Tim McGuinness and / or McGuinnessDesigns and / or McGuinnessPublishing  (“Tim McGuinness and / or McGuinnessDesigns and / or McGuinnessPublishing”), and you should refer to those before using such services.

2. Ownership.
These domains and select websites are owned and operated by Tim McGuinness. The contents of these Websites are copyright © Tim McGuinness & ™ or ® unless otherwise expressly indicated. All rights reserved. All logos, characters, artwork, stories, information, names, and other elements associated thereto are the sole and exclusive property of Tim McGuinness unless otherwise indicated. Any use of any of the materials on these Websites other than for private, non-commercial viewing purposes is strictly prohibited. The sale, auction, lease, loan, gift, trade or barter, or use of any of the text, graphics, photographs, audio and/or video material or stills from audiovisual material or any other materials contained herein, for any other purpose, in any form, media or technology now known or hereafter developed, including the use of any of the aforementioned materials on any other Web site or networked computer environment, without a prior written consent from Tim McGuinness, is expressly prohibited. The creation of derivative works based on the materials contained herein including, but not limited to, products, services, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise (whether sold, bartered or given away) is expressly prohibited. You may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Tim McGuinness’ copyright and other proprietary rights.

3. Links.
These Websites includes links to other Internet sites solely as a convenience to users. Tim McGuinness and / or McGuinnessDesigns and / or McGuinnessPublishing does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, Tim McGuinness and / or McGuinnessDesigns and / or McGuinnessPublishing makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at the user’s own risk.

4. Submissions.
Tim McGuinness and / or McGuinnessDesigns and / or McGuinnessPublishing’ company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. Accordingly, we must request that no visitors to these Websites submit or send any original creative materials, including but not limited to submissions of manuscripts, stories, coupon ideas, characters, drawings, information, suggestions, other ideas or concepts, unless they are the originator and copyright owner, and that such submission is an explicit grant of license to utilize such submitted content as we may deem appropriate. If at our request you send certain specific submissions (e.g., postings to chats, surveys, message boards, contests, or similar items) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively the “Submissions”) shall be deemed and shall remain the property of Tim McGuinness in perpetuity. By making any Submission, the sender automatically grants, or warrants that the owner of such material expressly grants, Tim McGuinness the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) throughout the universe and/or to incorporate it in other works in any form, media or technology now known or hereafter developed, for the full term of any copyright, trademark or patent that may exist in such material for any purpose that Tim McGuinness and / or McGuinnessDesigns and / or McGuinnessPublishing chooses, whether internal, public, commercial, or otherwise, without any compensation, credit or notice to the sender whatsoever. The sender waives all so-called “moral rights” in all Submissions. The sender further waives the right to make any claims against Tim McGuinness and / or McGuinnessDesigns and / or McGuinnessPublishing relating to unsolicited submissions, including, but not limited to, unfair competition, breach of implied contract and/or breach of confidentiality.

5. Use of Tim McGuinness and / or McGuinnessDesigns and / or McGuinnessPublishing Communications.
In connection with your use of any of the chat areas, bulletin boards, e-mail or other public communication elements of Tim McGuinness and / or McGuinnessDesigns and / or McGuinnessPublishing.com web sites, you may not upload to, distribute through, or otherwise publish through Tim McGuinness and / or McGuinnessDesigns and / or McGuinnessPublishing.com web sites any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability, or violates any law. Your use of Tim McGuinness and / or McGuinnessDesigns and / or McGuinnessPublishing.com web sites must only be in a noncommercial manner. You cannot, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services.

6. Privacy.
Tim McGuinness and / or McGuinnessDesigns and / or McGuinnessPublishing is committed to respecting the privacy rights of all visitors to our website. Tim McGuinness and / or McGuinnessDesigns and / or McGuinnessPublishing does not require that visitors reveal any personally identifying information in order to access our main site. Although information may be required to participate in certain promotions, technical support or sales offered through our website, participants are requested to provide information on a voluntary basis only. We encourage you to take a moment to carefully read Tim McGuinness and / or McGuinnessDesigns and / or McGuinnessPublishing’ Privacy Policy for additional privacy information, the terms of which are incorporated into these Terms of Use by reference.

7. Disclaimer of Warranties.
THE MATERIALS IN these Websites ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Tim McGuinness and / or McGuinnessDesigns and / or McGuinnessPublishing DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Tim McGuinness and / or McGuinnessDesigns and / or McGuinnessPublishing DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT these Websites OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Tim McGuinness and / or McGuinnessDesigns and / or McGuinnessPublishing DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN these Websites IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Tim McGuinness and / or McGuinnessDesigns and / or McGuinnessPublishing) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

8. Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Tim McGuinness and / or McGuinnessDesigns and / or McGuinnessPublishing BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON these Websites, EVEN IF Tim McGuinness and / or McGuinnessDesigns and / or McGuinnessPublishing OR A Tim McGuinness and / or McGuinnessDesigns and / or McGuinnessPublishing AUTHORIZED REPRESENTATIVE HAS ADVISED YOU OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Tim McGuinness and / or McGuinnessDesigns and / or McGuinnessPublishing’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING these Websites).

9. Termination.
You agree that Tim McGuinness and / or McGuinnessDesigns and / or McGuinnessPublishing, in its sole discretion, may terminate any account (or any part thereof) you may have with us or use of these Websites and remove and discard all or any part of your account or any Submissions, for any reason whatsoever in Tim McGuinness and / or McGuinnessDesigns and / or McGuinnessPublishing’ sole discretion. Tim McGuinness and / or McGuinnessDesigns and / or McGuinnessPublishing may also in its sole discretion and at any time discontinue providing any Tim McGuinness and / or McGuinnessDesigns and / or McGuinnessPublishing web site, or any part thereof, with or without notice. You agree that any termination of your access to these Websites or any account you may have or portion thereof may be effected without prior notice, and you agree that Tim McGuinness and / or McGuinnessDesigns and / or McGuinnessPublishing shall not be liable to you or any third-party for any such termination.

10. Miscellaneous.
The failure of Tim McGuinness and / or McGuinnessDesigns and / or McGuinnessPublishing to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. These terms shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms or these Websites shall be filed only in the state or federal courts in and for Miami Dade County, Florida and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable materials. Specifically, you agree to comply with all applicable laws regarding the transmission of technical or other data exported from the United States or the country in which you reside.

One Response to “Associated Websites Terms & Conditions”

  1. Hi Mr. McGuinness.
    I would love to display your Hell’s Cargo graphic here -
    http://www.vaughns-1-pagers.com/economics/wells-fargo-sucks.htm

    I offer full attribution, and a link from a PR5 website.
    You may specify the anchor text.
    It would be a nice fit, and I expect the page to become quite popular,
    due to my recent rabid zeal against Wells Fargo.

    If you say no, I will understand.

    Thank you for your time.
    Best Regards,
    Vaughn F. Aubuchon, webmaster

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