All the text, images and other content being part of this Blog is property of the Author, unless noted otherwise. All logos and trademarks are property of their respective owners. You are not allowed to reproduce, sell, and modify any part of this Blog. You are welcome to link to this blog, and to discuss its contents in a respectful manner. When You quote or link to this Blog, please include the Blog’s name in your link. You are not authorized to use this content for personal profit. UNAUTHORIZED COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL IS PROHIBITED.
Fair Dealing Practices
Changes to the Terms
User Generated ContentAWFULLY ODD may provide mechanisms by which materials may be uploaded by users. For any material that you upload to the AWFULLY ODD blog, you automatically grant all of your right, title and interest in such materials to The Author and waive all moral rights in any such materials. Suggested content materials (ideas, suggestions) either by email or by user comments become the sole property of The Author. By submitting your ideas or suggestions, you waive all moral rights to those comments or suggestions. User generated content, user materials, user ideas, and users suggestions will have no compensation, unless if otherwise indicated.
The Author makes no guarantee regarding the validity of the content of the Blog. In addition, the Author does not guarantee that the Blog will be accessible at all times or during any down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of Your equipment, systems or local access services, (iii) for previously scheduled maintenance or (iv) relating to events beyond the Author’s control such as strikes, riots, fires, floods, explosions, war, terrorism, governmental action, labor conditions, natural and/or man-made disasters, or interruptions in Internet services to an area where the Author or Your servers are located. Although the Author will try to moderate comments quickly, the Author makes no guarantee to the Commenter that its comments or trackbacks will be displayed promptly, without modifications, or that they will be displayed at all, as all comments will be published to the discretion of the Author.
No Warranty or Condition; Links.
The Author makes NO WARRANTY OF ANY KIND. If you choose to access the Blog, you do so AT YOUR OWN RISK. To the extent links and external content are based on or displayed in connection with the Blog, THE AUTHOR SHALL NOT HAVE ANY LIABILITY IN CONNECTION WITH THE DISPLAY OF SUCH LINKS AND SEARCH RESULTS, whether this external content is breaking the law in this or other jurisdictions. YOU AGREE TO USE THE BLOG AT YOUR OWN RISK, and that You will not consider the Blog’s content to be a suitable substitute for professional advice.
Limitations of Liability
IN NO EVENT SHALL THE AUTHOR BE LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OR LOSSES, AND THE AUTHOR’S LIABILITY TO YOU UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE GROSS MONTHLY AMOUNT PAID BY THE AUTHOR FOR HOSTING SERVICES DURING THE ONE MONTH PERIOD IMMEDIATELY FOLLOWING THE DATE OF THE CLAIM. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential part of the Agreement. Without limiting the foregoing, the Author shall not have any liability for any failure or delay resulting from any condition beyond the reasonable control of the Author, including but not limited to governmental action, labor conditions, power failures, natural and/or man-made disasters. The Author is not liable for the content of any comments the Commenter might leave on this Blog (see Comment policy).
Obligation to Indemnify
You agree to indemnify, defend and hold the Author, its agents, and applicable third parties (collectively “Indemnified Person(s)“) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees, brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of the Blog and/or Your breach of any term of this Agreement. In Québec, this will include judicial and extra-judicial costs and fees; elsewhere in Canada, legal fees on a solicitor and its own client basis.
Applicable Laws; Venue
The Author operates the Blog from Ontario, Canada, and makes no representations that materials in the Blog are appropriate or available for use in other locations. Access to the Blog from any location where the content is illegal is prohibited. Any claim related to the use of the Blog or to the Blog materials shall be governed by the laws of the Province of Ontario. Any action related to the access, use, content, or existence of this Blog shall be filed only in the appropriate court located within Ontario. The use of this Blog constitutes Your express permission and consent to the jurisdiction of the provincial and/or federal courts of the Province of Ontario for purposes of such actions.
DMCA policy and procedures:
AWFULLY ODD will respond to alleged infringement notices that fully comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify AWFULLY ODD as set forth in the DMCA.
For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Service;
- Information reasonably sufficient to permit AWFULLY ODD to contact you, such as your address, telephone number, and, e-mail address;
- A statement that 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 law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
- The above information must be emailed to and submitted to simply . awfull @ gmail DOT com
- UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
- Please note that this procedure is exclusively for notifying AWFULLY ODD that your copyrighted material has been infringed. The preceding requirements are intended to comply with AWFULLY ODD’s rights and obligations under the DMCA, including 17 U.S.C. Â§512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
- In accordance with the DMCA and other applicable law, AWFULLY ODD has adopted a policy of terminating, in appropriate circumstances, the accounts of Users who are deemed to be repeat infringers. AWFULLY ODD may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.