Zach’s Awesome Web Site

WEB SITE TERMS OF USE

Wow! You actually came to this page. Our lawyers made us include it and made us use a precious link on our home page to get you here. At first, we thought the lawyers were a real pain. But then we read the page. What a Netwakening! It’s really important stuff. We took the legalese the lawyers wrote and translated it into readable English. So be a smart nethead and read the stuff on this page. It could prevent you from hearing from our lawyers, or worse yet, from really nasty people, like prosecutors.

Here’s the deal:

We run this site so that people like you (and people you like) can use it for personal entertainment, information, education, communication, and cybergratification. So go ahead and browse around all you like. You can even download stuff from the site but only for non-commercial, personal use. If you do, though, don’t fool around with the copyright and other notices all over the stuff. They’re there for a really good reason. And don’t even think about distributing, modifying, transmitting, reusing, re-posting, or anything else uncool with any of the stuff, including the text, images, audio, and video, for public or commercial purposes unless we give you written permission. And it’s not likely we will.

If you visit our site, you’re also legally obligated to [read: stuck with] the terms and conditions listed below and any other law or regulation that applies to the site, the Internet, the World Wide Web, or Los Angeles, CA. You shouldn’t access or browse the site if you have any problem with that, because once you start, there’s no turning back — you are bound by [read: stuck with] the terms and conditions.

So here’s the scoop on our Top Ten Rules for Cybersurfers who hang out on our site:

1. For everyone’s sake, just assume that everything on the site is copyrighted unless we say it’s not. So you can’t use the stuff except how we say you can on this page or anywhere else on the site without our written permission. And like we said before, it’s not likely we’ll give you permission anyway. In fact, even if we wanted to, the lawyers are likely to veto any deal anyway. So it’s better you don’t even ask.

2. While we try to include accurate stuff on the site, we’re not promising you it’s accurate. In fact, we’re not promising you anything except fun and entertainment. So if you use stuff on the site, you’re using it at your own risk. Don’t call us if there’s a problem because we assume no liability or responsibility for errors or omissions on the site.

3. We and anybody else who helped us create, produce, or deliver the site are not liable for any damages you suffer when you use it. In particular, the lawyers want you to know that our disclaimer includes “direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the site. Without limiting the foregoing, everything on the site is provided to you ‘AS IS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. ” Ugh! What a mouthful from the mouthpieces. We put all of that in quotes because we couldn’t figure out any other way to say it that the lawyers would accept. But here’s the bottom line — we’re not responsible if you’re browsing around and the site damages you or your computer or infects it with any nasty viruses. We sure hope that doesn’t happen, but if it does, don’t call us.

4. If you don’t want the world to know something, don’t post in on the site in any bulletin board or anyplace else. That’s because anything you disclose to us is ours. That’s right — ours. So we can do anything we want with the stuff you post. We can reproduce it, disclose it, transmit it, publish it, broadcast it, and post it someplace else. We can even send it to your mother (as soon as we find her address). Not only that, we can even use any ideas, concepts, know-how, or techniques you post any way we want to, including, developing, manufacturing and marketing products or other stuff using the information you post.

5. Pictures of people or places shown on the site are either our property or someone else’s property we’re using with their permission. No matter what, it’s definitely not your property. You or any of your net-friends can’t use it unless we said you could on this page or somewhere else on the site. And guess what — we won’t say yes. So be careful, Bunky, because unauthorized use may violate all sorts of nasty laws. Be smart, keep the stuff you download to yourself.

6. There’s also a lot of trademarks, logos, and service marks on the site that either we own or we’re using with someone else’s permission. So don’t think you have any kind of license or right to use them, because you don’t and we’re not about to give you one. If you don’t leave them alone and mess with our trademarks, logos and service marks on our site, we’ll probably go ballistic, so will the companies that own the other trademarks, logos and service marks. That means that we’re likely to sue you or to ask a prosecutor to come after you for messing around with our property or the property of others.

7. You’ll probably notice we’ve linked our site to lots of others. While that’s cool, it doesn’t mean we’ve looked at all those sites, much less checked them out periodically to see what’s going on. So don’t blame us if some site you link to is bad or has stuff on it that offends you or your pets. Go ahead and link, but remember, you’re doing it at your risk.

8. That brings us to what you do on our own site. While we occasionally listen in on chat groups, or look at the posting in our discussion groups or on our bulletin boards, we take no responsibility and assume no liability for the content of those locations or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity you might encounter when you visit such places on our site. And don’t be stupid by posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, nasty, mean, or profane material or any material that law enforcement types may consider a criminal offense, get someone in court on a civil lawsuit, or for that matter violate any law — anywhere, anytime. While we certainly respect your privacy, we have no choice but to fully cooperate with any law enforcement authorities or court which might ask us who might have posted nasty stuff on our site.

9. Software that we use on this Site is protected by all sorts of patriotic U.S. laws. Because of that, you can’t download or send the software to anyone in the vacation travel spots of Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country where United States has embargoed goods; or (get this) to anyone on the United States Treasury Department’s list of Specially Designated Nationals, the U.S. Commerce Department’s Table of Deny Orders, or the FBI’s Most Wanted Internet Creeps List (just kidding on the last one). As if that were not tough enough, if you live in or are a national of any of those lovely places, you’re not even supposed to be reading this page, so beat it!

10. We’re also allowed to change this page and anything else on the site any time we want to. That’s because it’s ours and we have the programmers who can do it. If we do change the page, then you’re bound by [read: stuck with] those changes, too, whenever you visit our site.

11. If either of us wants to make something of it and wants to “sue” (a dirty word) then we have to follow these rules of engagement. (sort of according to the Geneva Convention):

This Agreement is governed by the laws of the State of California, without regard to principles of conflict of laws.

To the extent you have in any manner violated or threatened to violate www.zachsawesomewebsite.com and/or its affiliates’ intellectual property rights, www.zachsawesomewebsite.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: California. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: California, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

If this all sounds kind of mean and undiplomatic, you should have seen what the lawyers gave to us in the first place. We had to remind them that human torture and sacrifice was outlawed in the United States. Boy, did they look disappointed!

September 6th, 2010

DMCA Notice

www.zachsawesomewebsite.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedures for Making Claims of Copyright Infringement below.

Notice and Procedure for Making Claims of Copyright Infringement Pursuant to the Digital Millennium Copyright Act.

If you believe that you hold a claim of copyright infringement against www.zachsawesomewebsite.com, submit notice of your claim to the following Designated Agent:

Service Provider: www.zachsawesomewebsite.com
Email Address to Which Notification Should Be Sent: admin@www.zachsawesomewebsite.com This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

To be effective, the notification of your claim of copyright infringement should be written and should include the following:

A statement that you are the owner of the exclusive right you claim has been infringed, or a statement that you are authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed.

A statement, under penalty of perjury, that the information in the notification is accurate.

Your signature. (The signature may be electronic.)

The identification of the copyrighted work you claim has been infringed. (If you claim that multiple copyrighted works have been infringed you can submit one notification with a list of the allegedly infringed works.)

Identification of the material that you claim to be infringing and information reasonably sufficient to permit www.zachsawesomewebsite.com to locate the material.

Information reasonably sufficient to permit www.zachsawesomewebsite.com to contact you, including your address, telephone number, fax number and, if available, an electronic mail address.

You can provide contact information for the owner of the exclusive right that you claim has been infringed if you are not the owner, but rather authorized to act on behalf of the owner.

A statement you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

www.zachsawesomewebsite.com will respond to any DMCA complaints in a timely manner. Should you be the copyright holder of a specific piece of content featured on this site without your permission, www.zachsawesomewebsite.com will remove it in a timely manner once notified.

www.zachsawesomewebsite.com Anti-Spam Policy

This statement applies to www.zachsawesomewebsite.com websites and services that display or link to this notice (“Services”). www.zachsawesomewebsite.com prohibits the use of the Services in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial e-mail (“Spam”). You may not use any Services to send Spam. You also may not deliver Spam or cause Spam to be delivered to any of www.zachsawesomewebsite.com’s Services or customers.

In addition, e-mail sent, or caused to be sent, to or through the Services may not:

1. Use or contain invalid or forged headers;
2. Use or contain invalid or non-existent domain names;
3. Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path;
4. Use other means of deceptive addressing;
5. Use a third party’s internet domain name, or be relayed from or through a third party’s equipment, without permission of the third party;
6. Contain false or misleading information in the subject line or otherwise contain false or misleading content;
7. Fail to comply with additional technical standards described below; or
8. Otherwise violate the applicable Terms of Use for the Services.

www.zachsawesomewebsite.com does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through the Services. www.zachsawesomewebsite.com does not permit or authorize others to use the Services to collect, compile or obtain any information about www.zachsawesomewebsite.com’s customers or subscribers, including but not limited to subscriber e-mail addresses, which are www.zachsawesomewebsite.com’s confidential and proprietary information. Use of the Services is also subject to the applicable Privacy Statement and Terms of Use.

www.zachsawesomewebsite.com does not permit or authorize any attempt to use the Services in a manner that could damage, disable, overburden or impair any aspect of any of the Services, or that could interfere with any other party’s use and enjoyment of any Service.

If www.zachsawesomewebsite.com believes that unauthorized or improper use is being made of any Service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. www.zachsawesomewebsite.com may immediately terminate any account on any Service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.

Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, the Services. Failure to enforce this policy in every instance does not amount to a waiver of www.zachsawesomewebsite.com’s rights.

Unauthorized use of the Services in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.

COMPENSATION AND AFFILIATION AFFIDAVIT

As per mandates from FEDERAL TRADE COMMISSION, 16 CFR Part 255 – Guides Concerning the Use of Endorsements and Testimonials in Advertising, the purpose of this document is to establish the possible compensatory affiliation with www.zachsawesomewebsite.com and Any Testimonialists or Endorsers found on the ages of our site.

Any or all endorsements from testimonialists used in our promotional materials MAY be affiliated with www.zachsawesomewebsite.com as Marketing Affiliates and therefore might have an established connection with www.zachsawesomewebsite.com in the form of Commissions paid on sales resulting from Referrals from those Testimonialists that might lead some readers to believe that the testimonial reviews on the pages of www.zachsawesomewebsite.com might be biased. However, the reviews and comments on the pages of this site are to the best of our knowledge the true statements and beliefs of the endorsement givers and any claims made on the pages of this site can be substantiated on request to info (at) www.zachsawesomewebsite.com

All materials on this site are © copyrighted by www.zachsawesomewebsite.com. No part of this may be copied, or changed in any format, sold, or used in any way, online or offline, other than what is outlined within this site, under any circumstances without express permission from www.zachsawesomewebsite.com

CONTACT INFORMATION:

www.zachsawesomewebsite.com

info (at) www.zachsawesomewebsite.com

www.zachsawesomewebsite.com is dedicated to providing quality information on the subject of YOURNICHE and in particular, on the products XYZ and ABC.

Here you will find helpful reviews, informative information and tips and much more. This site is in the format of a ‘weblog’ so that each time I post new information, it will come to the top of the front page. This means that you can check back here frequently to see new updates to the information found here.

You can navigate through the site by using the menus on the sides of the page. Also don’t hesitate to follow the links you see in bold throughout each post to learn more about the product being spoken about.

I hope you find the information I provide valuable and helpful.

All the best,
Administrator

PRIVACY POLICY

www.zachsawesomewebsite.com strives to offer its visitors the many advantages of Internet technology and to provide an interactive and personalized experience. We may use Personally Identifiable Information (your name, e-mail address, street address, telephone number) subject to the terms of this privacy policy. We will never sell, barter, or rent your email address to any unauthorized third party. “Period.”

How we gather information from users

How we collect and store information depends on the page you are visiting, the activities in which you elect to participate and the services provided. For example, you may be asked to provide information when you register for access to certain portions of our site or request certain features, such as newsletters or when you make a purchase. You may provide information when you participate in sweepstakes and contests, message boards and chat rooms, and other interactive areas of our site. Like most Web sites, www.zachsawesomewebsite.com also collects information automatically and through the use of electronic tools that may be transparent to our visitors. For example, we may log the name of your Internet Service Provider or use cookie technology to recognize you and hold information from your visit. Among other things, the cookie may store your user name and password, sparing you from having to re-enter that information each time you visit, or may control the number of times you encounter a particular advertisement while visiting our site. As we adopt additional technology, we may also gather information through other means. In certain cases, you can choose not to provide us with information, for example by setting your browser to refuse to accept cookies, but if you do you may be unable to access certain portions of the site or may be asked to re-enter your user name and password, and we may not be able to customize the site’s features according to your preferences.

What we do with the information we collect

Like other Web publishers, we collect information to enhance your visit and deliver more individualized content and advertising. We respect your privacy and do not share your information with anyone.

Aggregated Information (information that does not personally identify you) may be used in many ways. For example, we may combine information about your usage patterns with similar information obtained from other users to help enhance our site and services (e.g., to learn which pages are visited most or what features are most attractive). Aggregated Information may occasionally be shared with our advertisers and business partners. Again, this information does not include any Personally Identifiable Information about you or allow anyone to identify you individually.

We may use Personally Identifiable Information collected on www.zachsawesomewebsite.com to communicate with you about your registration and customization preferences; our Terms of Service and privacy policy; services and products offered by www.zachsawesomewebsite.com and other topics we think you might find of interest.

Personally Identifiable Information collected by www.zachsawesomewebsite.com may also be used for other purposes, including but not limited to site administration, troubleshooting, processing of e-commerce transactions, administration of sweepstakes and contests, and other communications with you. Certain third parties who provide technical support for the operation of our site (our Web hosting service for example) may access such information. We will use your information only as permitted by law. In addition, from time to time as we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses. In such transactions, user information may be among the transferred assets. We may also disclose your information in response to a court order, at other times when we believe we are reasonably required to do so by law, in connection with the collection of amounts you may owe to us, and/or to law enforcement authorities whenever we deem it appropriate or necessary. Please note we may not provide you with notice prior to disclosure in such cases.

Affiliated sites, linked sites and advertisements*

www.zachsawesomewebsite.com expects its partners, advertisers and affiliates to respect the privacy of our users. Be aware, however, that third parties, including our partners, advertisers, affiliates and other content providers accessible through our site, may have their own privacy and data collection policies and practices. For example, during your visit to our site you may link to, or view as part of a frame on a www.zachsawesomewebsite.com page, certain content that is actually created or hosted by a third party. Also, through www.zachsawesomewebsite.com you may be introduced to, or be able to access, information, Web sites, features, contests or sweepstakes offered by other parties. www.zachsawesomewebsite.com is not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.

While on our site, our advertisers, promotional partners or other third parties may use cookies or other technology to attempt to identify some of your preferences or retrieve information about you. For example, some of our advertising is served by third parties and may include cookies that enable the advertiser to determine whether you have seen a particular advertisement before. Other features available on our site may offer services operated by third parties and may use cookies or other technology to gather information. www.zachsawesomewebsite.com does not control the use of this technology by third parties or the resulting information, and is not responsible for any actions or policies of such third parties.

You should also be aware that if you voluntarily disclose Personally Identifiable Information on message boards or in chat areas, that information can be viewed publicly and can be collected and used by third parties without our knowledge and may result in unsolicited messages from other individuals or third parties. Such activities are beyond the control of www.zachsawesomewebsite.com and this policy.

Children

www.zachsawesomewebsite.com does not knowingly collect or solicit Personally Identifiable Information from or about children under 13 except as permitted by law. If we discover we have received any information from a child under 13 in violation of this policy, we will delete that information immediately. If you believe www.zachsawesomewebsite.com has any information from or about anyone under 13, please contact us at the address listed below.

We can be reached by contacting:

Email: support@www.zachsawesomewebsite.com

Changes to this Policy

www.zachsawesomewebsite.com reserves the right to change this policy at any time. Please check this page periodically for changes. Your continued use of our site following the posting of changes to these terms will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.

Governing law

This policy and the use of this Site are governed by California law. If a dispute arises under this Policy we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: California. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: California, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.

If you have any questions regarding the content in this website, about the products that are mentioned, or just any questions at all don’t hesitate to contact me at the following address. I’d also love to hear any feedback on the site if you’ve found it helpful or have some ideas about how I can improve the site in some way.

Please contact me at  admin@www.zachsawesomewebsite.com!

I will reply to all messages as soon as possible.
Administrator