Terms of Use Agreement​

(Revised 18 June 2020)

By visiting this Web Site you agree to abide by the following terms and conditions (hereafter referred to as "Agreement").

 

1. Intellectual Property.

 

This Web Site and its original content, features, and functionality are owned by Dawn B. Mundy (hereafter referred to as "The Site Owner") and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

 

 

2. Your Use of Material Appearing on the Web Site.

 

For the purposes of this Agreement, "Material" means any material published on the Web Site including, without limitation, all text, images and graphics of any nature whatsoever, regardless of whether the copyright and/or database right or any other intellectual property rights in the Material vest in the Site Owner, our licensors, clients, employers or third parties.

 

You may download and print extracts from the Material and make copies of these for your own personal use only. No commercial use of the Material, or extracts from it, is permitted without documented and notarized consent from the Site Owner.

 

You are not allowed to download or print the Material, or extracts from it, in a systematic or regular manner so as to create a database in electronic or paper form comprising all or part of the Material appearing on the Web Site.

 

You must not reproduce any part of the Web Site or the Material it contains or transmit it to or store it in any other web site or disseminate any part of the Material in any other form, without documented and notarized consent from the Site Owner.

 

 

3. Jurisdiction/Governing Law.

 

This Agreement shall be governed and construed in accordance with the laws of the state of Kansas, USA, and applicable federal laws without regard to conflicts of law principles. You agree that any and all proceedings relating to this Web Site and the Material contained herein shall be maintained in the courts of the state of Kansas or the federal district courts sitting in Kansas, which courts shall have exclusive jurisdiction for such purpose.

 

 

4. Links to Third Party Sites.

 

This Web Site may contain links to web sites controlled or offered by third parties unaffiliated with the Site Owner. The links are provided as a convenience and the Site Owner does not endorse or recommend any products or services offered by or information contained in any of these third-party sites. The Site Owner hereby disclaims all liability for all information, materials, products or services posted, offered or that may be accessed at any of the third-party sites linked to this Web Site. The Site Owner makes no representation regarding the quality of any product or service contained at any such third-party site. Furthermore, the Site Owner hereby disclaims all liability for any failure of products or services offered or advertised at those third-party sites.

 

 

5. Allegations of Copyright Infringement.

 

The Site Owner will respond to copyright complaints submitted under the DIgital Millennium Copyright Act ("DMCA"). Section 512 of the DMCA outlines the statutory requirement necessary for formally reporting copyright infringement, as well as providing instructions on how an affected party can appeal a removal by submitting a compliant counter-notice.

 

The Site Owner will respond to reports of alleged copyright infringement, such as allegations concerning the unauthorized use of a copyrighted image as a profile or header photo, allegations concerning the unauthorized use of a copyrighted video or image uploaded through our media hosting services, or links to allegedly infringing materials. Note that not all unauthorized uses of copyrighted materials are infringements.

 

 

6. Fair Use Policy.

 

Certain uses of copyrighted material may not require the copyright owner's permission. In the United States, this concept is known as "fair use." Some other countries have a similar concept known as "fair dealing."

 

Whether or not a certain use of copyrighted material constitutes a fair use is ultimately determined by a court of law. Courts analyze fair use arguments by looking at four factors:

 

• The purpose and character of the use.

How is the original work being used, and is the new use commercial? Transformative uses add something to the original work: commentary, criticism, educational explanation or additional content are a few examples. Transformationals, non-commercial uses are more likely to be considered fair use.

 

• The nature of the copied work.

What is the copied work itself? Is it factual (ex: a record of an historical event) or fictional (ex: a novel or motion picture)? Use of factual works weighs in favor of fair use.

 

• The amount and substantiality of the copied work.

How much of the work was copied? Copying short excerpts is more likely to be found fair use than copying an entire copyrighted work.

 

• The effect on the copied work's value.

Will the copying harm the potential market for the copyrighted work by effectively creating a substitute or replacement for that work? If so, the use is probably not fair use.

 

Fair use determinations are made on a case-by-case basis, and there is no clear formula to determine whether a use may be found to be fair. 

 

 

7. References.

 

The Digital Millennium Copyright Act (DMCA)

https://www.copyright.gov/legislation/dmca.pdf

 

Fair Use

https://fairuse.stanford.edu/overview/fair-use/four-factors/

 

 

8. Contacting the Site Owner.

 

To contact Dawn B. Mundy, please use the Web Site's Contact Form.

 

Webmaster

dawnbmundy.wixsite.com/portfolio