AndrewShaman.com Terms & Conditions
By Accessing AndrewShaman.com, you agree to the following:
Welcome to AndrewShaman.com, Andrew Shaman's official website! Andrew Shaman and all related and affiliated companies (collectively, "AndrewShaman.com" or "we"/"us"/"our") maintain this site ("Site") for your personal entertainment.
1. Binding Agreement.
2. Site Accessibility.
The Site is not available to minors or to individuals who cannot form legally binding contracts under applicable law. We reserve the right to refuse access to the Site to anyone with or without any reason.
3. Responsibility for Your Password.
You are responsible for maintaining the confidentiality of your password and for any liability resulting from disclosure or use of your password. You agree that upon becoming aware that your password is (or possibly is) being used by any person other than you, you will immediately change your password and notify AndrewShaman.com by sending e-mail to email@example.com.
You agree that AndrewShaman.com, in its sole discretion, may terminate your password with cause or without cause, with or without notice, and AndrewShaman.com shall not be liable to you or any third-party in connection with such termination.
You expressly authorize AndrewShaman.com (and such third parties as may be authorized by AndrewShaman.com) to furnish you electronically or by any other means information prepared by AndrewShaman.com or by (or on behalf of) third parties, including advertising information and solicitations.
Some third parties furnishing you with advertisements and solicitations may permit you to "opt out" of receiving such communications from them, in which case you can do so by following the instructions they provide. However, AndrewShaman.com is not responsible for any such party's failure to comply with its own "opt out" or other policies, nor does AndrewShaman.com endorse the views or content of any third party advertisements or solicitations. All such advertisements and solicitations will be understood to be "requested" by you through the act of accessing the Site, and each time you access the Site you reaffirm such request. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred by you as the result of any dealings with any such advertisers.
5. Use of Materials on the Site.
You may access the Site and view materials (including downloading materials available for downloading) displayed on the Site solely for your personal entertainment. ALL OTHER USES, COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, OR DUPLICATING OF ANY OF THE MATERIAL ON THE SITE IS PROHIBITED.
6. Limitation of Liability.
Your use of the Site is at your risk. We are not liable for any direct, incidental, consequential, indirect, punitive, or any other damages arising out of your use of or access to or inability to use or access the Site.
7. No Warranties.
Everything on the Site or related to the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Without limiting the foregoing, AndrewShaman.com assumes no responsibility, and shall not be liable for, any damages to or viruses that may infect your computer equipment or other property on account of your access to the Site (including any downloading of any materials, data, text, images, video or audio from the Site). AndrewShaman.com makes no warranties or representation as to the accuracy of any information on the Site, and AndrewShaman.com assumes no liability or responsibility for any errors or omissions on the Site. In addition, AndrewShaman.com is not responsible for the content of any sites, if any, linked to the Site. Your linking to any off-site pages or other sites is at your own risk.
8. Rights to Your Materials.
While we are always happy to hear from you, it is AndrewShaman.com's policy not to accept or consider any materials, ideas, or suggestions other than those we specifically request in writing. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. Therefore, we must request that you do not send to us any materials, ideas, or suggestions (including screenplays, teleplays, books, stories, artwork, etc.). Any of your submissions will be treated as non-proprietary and may be used by AndrewShaman.com or its assignees for any purpose (including reproduction, exploitation, disclosure, transmission, publication, creating derivative works, broadcast, posting, etc.).
9. Collection and Uses of Information.
You agree that any information you provide or we collect about you (including personal information) may be disclosed to third parties and used without any restrictions.
We use data collection devices, such as "cookies," on certain pages of our Site. "Cookies" are small files placed on your hard drive. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on our Site and you may be required to reenter your password more frequently during a session.
11. No Modification to Software.
You agree not to translate, reverse engineer, reverse compile, disassemble or make derivative works from any Site related software to which you may have access. You agree not to modify such software in any manner or for any purpose (including for the purpose of obtaining unauthorized access to the Site or disabling features of such software or the Site). You agree not to access the Site by any means other than through the interface that is provided by AndrewShaman.com.
12. Site Communications/Chat Areas.
Although AndrewShaman.com has the right at any time to monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, AndrewShaman.com is under no obligation to do so and assumes no responsibility or liability arising from the content of any of these communications or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, threat, or inaccuracy contained on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage a criminal offense, give rise to civil liability, or otherwise violate any law including without limitation copyright and trademark laws or any rights of any person or entity. AndrewShaman.com will fully cooperate with any law enforcement authorities or court order requesting or directing AndrewShaman.com to disclose the identity of anyone posting or transmitting any such information or materials. In any case, we reserve the right to remove any materials from the Site (including your materials) as we may determine in our sole discretion.
Your disclosure of any information on the Site is at your own risk. AndrewShaman.com shall not be liable for any damages incurred by you in connection with any access to or disclosure of your information, whether or not such access or disclosure results from your actions or the actions of third parties.
13. Other Users.
AndrewShaman.com cannot and does not confirm each user's purported identity. We do not control the information provided by other users that is made available through the Site. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that there are also risks of dealing with underage persons, people acting under false pretense, or foreign nationals.
If you have a dispute with any user, you release AndrewShaman.com from all claims, demands, damages, losses, costs, and expenses of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You waive any Ohio Civil Code, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor" or any similar provision of the law that might be applicable.
14. Copyright Infringement.
AndrewShaman.com respects the intellectual property rights of others and we ask our users to do the same. If you believe your work had been copied in a way that constitutes copyright infringement and is accessible on the Site, please notify AndrewShaman.com in accordance with the following procedure:
All notifications of copyright infringement must be in writing and directed to firstname.lastname@example.org.
Each notification must include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single web site are covered by a single notification, a representative list of such works at that web site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit AndrewShaman.com to locate the material;
Information reasonably sufficient to permit AndrewShaman.com to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
A statement that the complaining party has a reasonable belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You agree to indemnify and hold AndrewShaman.com harmless from and against any and all claims, liability, damages, losses, costs and expenses (including reasonable attorney's fees) incurred by AndrewShaman.com in connection with any breach or alleged breach by you of the Agreement, your use or misuse of the Site, or your violation of any law, rule, regulation or rights of others.
In the event of any dispute of any kind in connection with this Agreement, the existence or validity of this Agreement, the parties' relationship, or the Site such dispute shall be resolved by submission to final and binding arbitration in Greene County, Ohio. Such arbitration shall be initiated and conducted according to the JAMS rules and procedures in effect at the time the request for arbitration is made. The arbitration shall be conducted before a single neutral arbitrator chosen in accordance with such JAMS rules and procedures. Ohio Code of Civil procedure, which provides for certain discovery rights, shall apply to such arbitration. The arbitrator shall apply, as applicable, federal or Ohio substantive law. Either party hereto may bring an action in any court of competent jurisdiction, if necessary, to compel arbitration under this arbitration provision or to enforce an arbitration award that may be entered by the arbitrator. Notwithstanding and in addition to the foregoing, AndrewShaman.com may bring an action in any court of competent jurisdiction to seek to obtain injunctive relief or other equitable relief.
17. Ohio Law.
This agreement shall be governed by, construed and enforced in accordance with the substantive laws of the Ohio Revised Code, as applied to agreements entered into and to be performed entirely within such State. If any provision of the Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforcibility of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing signed by AndrewShaman.com.