Gawlik Graphiks & Media, LLC. d/b/a Mixed-Magazine.com(“Worldwide”) maintains this site (the “Site”) for your personal information. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without Worldwide’s written permission. Your access to and use of the Site is also subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreements between you and Worldwide are superseded and of no force or effect.
You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of Worldwide. Worldwide neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Worldwide.
While Worldwide uses reasonable efforts to include accurate and up to date information in the Site, Worldwide makes no warranties or representations as to its accuracy. Worldwide assumes no liability or responsibility for any errors or omissions in the content of the Site.
Your use of and browsing in the Site are at your risk. Neither Worldwide nor any other party involved in creating, producing, or delivering the Site is liable for any 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. Worldwide also 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, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Worldwide or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Worldwide is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
Images of people or places displayed on the Site are either the property of, or used with permission by, Worldwide. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site, are registered and unregistered Trademarks of Worldwide and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Worldwide or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Worldwide will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Worldwide has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
Although Worldwide may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Worldwide is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations 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 conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Worldwide will fully cooperate with any law enforcement authorities or court order requesting or directing Worldwide to disclose the identity of anyone posting any such information or materials.
Software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
If you request a termination of your membership, subscription fees are generally not refundable, however if you are not satisfied with your membership or you feel you have been billed in error, please contact Customer Service. Should a refund be issued, all refunds will be credited solely to the payment method used in the original transaction.
Worldwide may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
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Notification of Copyright Infringement.
Digital Millennium Copyright Act.
mixedmag.com is an Online Service Provider under Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). mixedmag.com respects the legitimate rights of copyright owners, expects its users to do the same, and has adopted an efficient notice and take down procedure as required by the DMCA and described herein. This policy is intended to guide copyright owners in utilizing that procedure, and also to guide users and webmasters in restoring access to websites or content that are disabled due to a mistake.
Notice to Owners of Copyrighted Works.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the mixedmag.com site by completing the following notice (“Notice”) and delivering it to mixedmag.com’s Designated Copyright Agent.
DMCA Notice of Alleged Infringement.
A proper DMCA Notice will notify mixedmag.com of particular facts in a document signed under penalty of perjury and delivered to ebaumsworld.com’s Designated Agent. To write a proper Notice, you must provide the following information, which list comes directly from the DMCA statute:
· 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 online site are covered by a single Notification, a representative list of such works at that 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 the service provider to locate the material.
· Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
· A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
· 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 the exclusive right that is allegedly infringed.
When filing an infringement claim, please include any URLs identifying the allegedly infringing material along with any other information that might assist the mixedmag.com Agent’s investigation of your claim.
If the material originates from another website and you believe that mixedmag.com has cached that material, then confirm any of the following that apply:
· The material has been removed from the originating site;
· access to the material on the originating site has been disabled;
· a court has ordered that the material be removed from the originating site; and/or
· a court has ordered that access to the material on the originating site be disabled.
Failure to include all of the above information may result in a delay in processing the DMCA Notification. If you materially misrepresent that any material infringes your copyright interest, you may be liable for damages, including court costs and attorneys’ fees, and could be subject to criminal prosecution for perjury.
Deliver this Notice with all items completed to mixedmag.com’s Designated Copyright Agent:
By mail:
MixedMag.com
6431 Borasco Dr 3307
Viera, FL 32940
By email: info@mixedmag.com
Upon receipt of a valid claim mixedmag.com will follow the procedures provided in the DMCA which prescribe a notice and take down procedure, subject to the user’s or webmaster’s right to submit a Counter-Notification claiming lawful use of the disabled works. ebaumsworld.com will have the disputed material removed from public view. ebaumsworld.com will also notify the user or webmaster who posted the allegedly infringing material that has been removed or disable access to that material.
How to Make a Counter-Notification.
If you are a mixedmag.com user or webmaster and you feel that the material you have placed online that has been removed following an infringement complaint Notification is in fact not an infringement, you may file a Counter-Notification. Section 512(g)(3) of the DMCA requires that to be valid, the Counter-Notification must be written and addressed to our Copyright Agent and must provide the following information taken from the statute:
· A physical or electronic signature.
· Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
· A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
· Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the addressee is located, or if your address is outside the United States, for any judicial district in which you may be found, and that you will accept service of process from the person who provided Notification under Subsection (c)(1)(C) or an agent of such person.
· Our Designated Agent will present your Counter-Notification to the person who filed the infringement complaint Notice. Once your Counter-Notification has been delivered, mixedmag.com is allowed under the provisions of Section 512 to restore the removed material in not less than ten or more than fourteen days, unless the complaining party serves notice of intent to obtain a court order restraining the restoration
Repeat Infringers
It is mixedmag.com’s policy to terminate users or webmasters who are found to be repeat infringers. Further, mixedmag.com has the discretion to handle non-compliant Notices in whatever manner appears to be reasonable under the given circumstances.
