| TERMS OF USE and END-USER LICENCE AGREEMENT : June 2003 (v0.3), November 2004 (v0.3.1), January 2005 (v0.9), August 2005 (v0.9.1), December 2007 (v0.9.2) IMPORTANT - THIS IS NOT A FORMAL LEGAL DOCUMENT, BUT THE SPIRIT OF THE RIGHTS OUTLINED IN IT WILL BE PURSUED AS NECCESSARY. PLEASE READ THE FOLLOWING CAREFULLY BEFORE CONTINUING TO USE, OR FIRST USE OF, THIS WEBSITE: |
| All rights reserved. Any unauthorized use of these materials may subject you to penalties or damages. By accessing, browsing or using this website, you are agreeing to the terms and conditions contained herein. If you do not agree with the terms and conditions, kindly cease use of this website. Visitors to this website may download, copy or transmit any portion of the material contained on this website within the terms of use listed below. Each copy of these materials retains all copyright and other proprietary notices contained therein. |
| Definitions WEBSITE means words, images, media, and software saved, linked, and transmitted by means of any internet protocol, HOSTed on a server owned, leased, or contracted by the AUTHOR or STARKWARE DIGITAL MEDIA, INC., stored in any database, and/or displayed in a browser or other web or network application. HOST refers to any computer linked to the Internet by standard protocols to act as a storage and transmission device as owned and/or contracted by the AUTHOR and/or STARKWARE DIGITAL MEDIA, INC. and specifically where the physical medium upon which the data and content that comprises the website is stored and relayed. USE means storing, loading, transmitting, accessing, installing, executing, or displaying the website on any single device, virtual, digital, or physical media. TERMS OF USE shall have the meaning ascribed to that term in SECTION 4 of this Agreement as applied to the restricted users defined in SECTION 2 of this document. USER means the individual or entity who uses, transmits, stores, saves, prints, visits, views, reads, generally accesses, or downloads the website. AUTHOR refers completely and fully to the developer, writer, and/or artistic contributor of all original content on the website, Mr. Brad M. Salomons, Edmonton, Alberta, Canada. |
| SECTION 1 = Expectations This is not a legal document, but does list the formal expectations for users of this website as described by the AUTHOR and/or STARKWARE DIGITAL MEDIA, INC. AGAIN, PLEASE READ THE FOLLOWING CAREFULLY BEFORE CONTINUING TO USE, OR FIRST USE OF, THIS WEBSITE |
| SECTION 2 = Restricted Users A focused group of specific users are limited by privacy and intellectual property restrictions applied by the AUTHOR or STARKWARE DIGITAL MEDIA, INC. to this website. Users defined within these restictions should consult the TERMS OF USE in SECTION 4 for full compliance information pertaining to those restrictions. Restrictions contained in this document applies to any user who can be defined under at least one of the following categories: 2.a) any user who is a lawyer or legal representative of an individual, business, or corporation for any legal purpose that is in any way linked, related, or pursuant to the AUTHOR and/or STARKWARE DIGITAL MEDIA, INC.; 2.b) any user who is a representative of a media-based corporation or business that may be deemed competitive to the AUTHOR and/or STARKWARE DIGITAL MEDIA, INC.; 2.c) any user who is a representative of a software-based corporation or business that may be deemed competitive to the AUTHOR and/or STARKWARE DIGITAL MEDIA, INC.; 2.d) any user who is a government representative; 2.e) any user who is advertising for a personal, business, or corporate website, or represents adversting for a personal, business, or corporate website, either by means of posting content to, or soliciting information from the website; 2.f) any user who located the website via any indexed search engine, links index, web-agregator, or social media application where the name of the AUTHOR and/or STARKWARE DIGITAL MEDIA, INC. or any variation of the name of the AUTHOR and/or STARKWARE DIGITAL MEDIA, INC. was used as a reference to locate and access this website; 2.g) any user who is a past, present, or future contractee, contractor, employer, or employee of either the AUTHOR or STARKWARE DIGITAL MEDIA, INC. |
| SECTION 3 = Ownership and Affiliation This website and all websites hosted within the confines of this and directly associated domain names is the sole property of the AUTHOR and/or STARKWARE DIGITAL MEDIA, INC. Any and ALL information, data, and/or opinions contained on this site are the sole property of the AUTHOR and are stored and shared under the limited liability protection of STARKWARE DIGITAL MEDIA, INC. and NO OTHER affiliation. |
| SECTION 4 = Terms of Use By USE of any portion of this website the USER is agreeing that at least one or any of the following TERMS OF USE is true: 4(i) the user does NOT MEET ANY of the criteria listed in SECTION 2 of this document, in that the user is NOT a RESTRICTED USER of this website; AND/OR 4(ii) the user has obtained detailed and explicit written and/or verbal permission from the AUTHOR and/or STARKWARE DIGITAL MEDIA, INC. or intends to obtain explicit written and/or verbal permission of the AUTHOR and/or STARKWARE DIGITAL MEDIA, INC. of this website to use, including all reasonable parameters of such an agreement, this website outside of the herein defined confines of these TERMS; AND/OR 4(iii) the user will pay a per-use content fee of CAN$500.00 to the AUTHOR and/or STARKWARE DIGITAL MEDIA, INC. PER KILOBYTE (standard accepted definition) of data downloaded as defined as a fair price for the value of leasing the intellectual property contained within that data by the AUTHOR and STARKWARE DIGITAL MEDIA, INC. for all past, present and future use. If the user is unable to provide proof of a MAXIMUM total of data downloaded from the website, the AUTHOR and STARKWARE DIGITAL MEDIA, INC. will assume that no less than 4 megabyes (equalling 4,096 kilobytes) worth of data was accessed at a total cost of CAN$2,048,000.00, payable to the AUTHOR and STARKWARE DIGITAL MEDIA, INC. as invoiced. |
| SECTION 5 = Permission Permission from the AUTHOR and/or STARKWARE DIGITAL MEDIA, INC. or payment to the AUTHOR and/or STARKWARE DIGITAL MEDIA, INC. can be achieved or denied at the discretion of the AUTHOR and/or STARKWARE DIGITAL MEDIA, INC. by email [ info@starkware.ca ] with full disclosure of the USER's identity and intentions with regard to SECTION 2 and SECTION 4 of this document. Failure to do so waives any future rights by the user or anyone who that user represents until such permission or payment is is obtained with satisfaction from the AUTHOR and/or STARKWARE DIGITAL MEDIA, INC. |
| SECTION 6 = Responsibility Failure to read this document does not waive the intentions contained within nor does it waive any privacy of the AUTHOR or STARKWARE DIGITAL MEDIA, INC. by means that may be obtained through use of this website. This document is actively referenced via hyperlink throughout the website and should be considered accessible from any page or piece of content to which it refers. FAILURE to read this document in full will be considered FAILURE to comply fully with the privacy of the AUTHOR and STARKWARE DIGITAL MEDIA, INC. and the terms of use of this website, and a VIOLATION of the rights and responsibilities of all parties set out in this document. |
| SECTION 7 = Limitations In addition to the other provisions hereof, THE USER ACKNOWLEDGES TO AND FOR THE BENEFIT OF STARKWARE DIGITAL MEDIA, INC. AND ITS LICENSORS AND PARTNERS THAT THE WEBSITE, AS WITH MOST WEBSITES, MAY CONTAIN BUGS, PRIVATE OR PERSONAL OPINIONS OR INFORMATION, AND IS NOT DESIGNED OR INTENDED FOR USE PROVIDING ACCURATE FACTS, NEWS, OR INFORMATION IN WHICH THE NATURE OF THAT INFORMATION COULD LEAD TO DEATH, PERSONAL INJURY OR PHYSICAL OR ENVIRONMENTAL DAMAGE. STARKWARE DIGITAL MEDIA, INC. AND ITS LICENSORS AND PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LOSS SUFFERED AS A RESULT OF SUCH A FAILURE OF THE WEBSITE OR A BREACH OF SECURITY INVOLVING THE WEBSITE, WHETHER OR NOT SUCH LOSS OR BREACH RESULTS FROM THE DELIBERATE, RECKLESS, OR NEGLIGENT ACTS OF ANY PERSON. UNDER NO CIRCUMSTANCES SHALL STARKWARE DIGITAL MEDIA, INC. OR ITS LICENSORS OR PARTNERS BE LIABLE FOR ANY UNAUTHORIZED USE OF ANY CONTENT, OR ANY USE OF THE WEBSITE TO DEVELOP, DISTRIBUTE, OR USE ANY MATERIAL THAT IS DEFAMATORY, SLANDEROUS, LIBELOUS OR OBSCENE, THAT PORTRAYS ANY PERSON IN A FALSE LIGHT, THAT CONSTITUTES AN INVASION OF ANY RIGHT TO PRIVACY OR AN INFRINGEMENT OF ANY RIGHT TO PUBLICITY, THAT VIOLATES OR INFRINGES ANY THIRD PARTY’S RIGHTS OR THAT VIOLATES ANY FOREIGN, CANADIAN FEDERAL, PROVINCIAL OR LOCAL STATUTE OR REGULATION. |
| SECTION 8 = Hypertext Links This website may contain hypertext links to other websites, which are completely independent of this website. The AUTHOR and STARKWARE DIGITAL MEDIA, INC. make no representations as to the accuracy, completeness or authenticity of the information contained in any such hypertext link and any hypertext link to another person or entity shall not in any manner be construed as an endorsement by the AUTHOR and STARKWARE DIGITAL MEDIA, INC. of such person's or entity's website, products or services. |
| SECTION 9 = Purpose The purpose of this document is solely to protect the privacy and shield the AUTHOR and STARKWARE DIGITAL MEDIA, INC. from intentional or unintentional harm to the AUTHOR, STARKWARE DIGITAL MEDIA, INC, or a third party due to misuse of the personal information and opinions posted by either the AUTHOR or others contained on this website. |
| SECTION 10 = Change The AUTHOR and/or STARKWARE DIGITAL MEDIA, INC. reserves the right to change its TERMS OF USE and END-USER LICENCE AGREEMENT from time to time in response to evolving laws and to adapt to new technology and content contain on the website and on the Internet in general. |