January 2, 2001

Terms of Use

TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE
BEFORE USING THIS WEB SITE.


1. Use of this Web site is conditioned on the acceptance, without modification, of all terms and conditions of this agreement. By using any Micajah Clark Dyer site(s), namely micajahclarkdyer.blogspot.com, www.micajahclarkdyer.org and www.micajahclarkdyer.com, you represent that you have read and understand the terms and conditions and that you agree to be bound by these terms and conditions as set forth below.

2. MICAJAHCLARKDYER.ORG, MICAJAHCLARKDYER.COM, MICAJAHCLARKDYER.BLOGSPOT.COM, ALL ASSOCIATED RESEARCH PROJECTS, RELATED PROMOTIONS AND PRODUCTIONS, referred to hereafter as "MCD", reserves the right at its discretion to modify the terms and conditions under which the MCD site(s) is/are offered. Use of the MCD site(s) after the posting of any such modification constitutes your agreement to be bound by the terms and conditions as modified.

3. If you do not agree with the terms and conditions of the MCD site(s) and do not wish to be bound by them, please do not use the MCD site(s) or download any materials from the MCD site(s).

4. All material ("Materials") displayed or transmitted on the MCD site(s), including but not limited to text, photographs, images, illustrations, video clips, audio clips, and graphics are owned by MCD AND OR THE RESPECTIVE AUTHORS of such, and are protected by United States and international copyright, trademarks, service marks, and other proprietary rights, laws and treaties.

5. EXCEPT AS PROVIDED IN THIS AGREEMENT, YOU MAY NOT COPY, REPRODUCE, PUBLISH, TRANSMIT, TRANSFER, SELL, RENT, MODIFY, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE, REPOST, PERFORM, DISPLAY, OR IN ANY WAY COMMERCIALLY EXPLOIT THE MATERIALS CARRIED ON THE MCD SITE(S), NOR MAY YOU INFRINGE UPON ANY OF THE COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS CONTAINED IN THE MATERIALS, IN ANY FORM, THROUGH REPRESENTATION, RESEMBLANCE OR INTERPRETATION WHATSOEVER TO INCLUDE ALL FORMS OF COMMON, CREATIVE AND INNOVATIVE MEANS TO INCLUDE BUT NOT BE LIMITED TO: CONTENT, INFERENCES AND CONVEYANCES, WRITTEN MATERIALS, LOGOS, CLOTHING, SCREENPLAYS, MOTION PICTURES, MUSIC VIDEOS, PLAYS OR ANY TYPE OF COMMERCIAL, NON-COMMERCIAL, NON-PROFIT, EDUCATIONAL OR OTHER MEANS OF EXPRESSION REPRESENTATIVE THEREOF. YOU MAY NOT REMOVE OR ALTER, NOR CAUSE TO BE REMOVED OR ALTERED, ANY COPYRIGHT, TRADEMARK, OR OTHER PROPRIETARY NOTICES OR VISUAL MARKS AND LOGOS FROM THE MATERIALS. ANY OTHER USE IS STRICTLY PROHIBITED BY U.S. AND INTERNATIONAL COPYRIGHT AND INTELLECTUAL PROPERTY LAW.


6. You may make a single print copy of content on the MCD site(s) for personal, non-commercial use only, provided that you do not remove nor cause to be removed any copyright, trademarks, or other proprietary notices or visual marks or logos from the Material. You may not archive or retain any of the Materials accessed on this Web site without the express written permission of MCD. All requests for archiving, republication or retention of any part of the Materials must be in writing to MCD clearly stating the purpose and manner, legal assignee and proposed timeframe in which the Material will be used. Requests for permission to archive, retain, or republish any part of the Materials may be submitted to MCD Copyright, Turnage & Associates, Inc., Post Office Box 2943, Blairsville, Georgia 30514-2943.

7. MCD grants, for non-commercial, non-profit, educational and personal use only, a non-exclusive, royalty-free license to display on your website (either directly or via a link to our site) the name, URL address and description of our website, namely www.micajahclarkdyer.org and the name “Micajah Clark Dyer”. Any such display or use indicates your agreement to comply with all of the Terms of Use. MCD's copyright notice shall remain on all content at all times. Both you and end-users may download and reprint a single copy of web content for personal, non-profit, non-commercial uses only. Any other use is strictly prohibited without MCD’s prior and express written permission. These Terms of Use may be terminated by MCD immediately upon violation by you, or at MCD discretion without cause. Upon termination for any reason, any content and/or links to any portion of the MCD website(s), related research, promotions and developments of any kind, will be removed within three business days from any website under your control, and all copies of materials promptly destroyed. These terms of use may not be amended or modified except through a written document signed by both parties.

8. You acquire no rights or license whatsoever in the Materials other than the limited rights to use the MCD site(s) in accordance with these terms and conditions. Any of the Materials accessed or downloaded from this site must be accessed or downloaded in accordance with the terms and conditions of use specified in this agreement. MCD reserves any rights not expressly granted under these terms and conditions of use.

9. MCD reserves the right to modify, update, suspend, discontinue, or restrict the use of or access to the MCD site(s) or any portion of said site(s), at any time and without notice or liability.

10. ALTHOUGH ALL INFORMATION AND MATERIALS CARRIED ON THIS WEB SITE IS BELIEVED TO BE RELIABLE, MCD MAKES NO REPRESENTATION, NEITHER EXPRESSLY NOR IMPLIED, AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE MATERIALS OR ANY INFORMATION ON THIS WEB SITE. BY USING THIS WEB SITE OR BY RELYING ON ANY OF THE MATERIALS OR INFORMATION CARRIED ON THIS WEB SITE YOU ASSUME ALL THE RISK AND RESPONSIBILITY ARISING OUT OF USE OR RELIANCE ON THIS WEB SITE. MCD EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. MCD SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEB SITE OR ANY MATERIALS CARRIED ON THIS WEB SITE.

11. The MCD site(s) may from time to time contain links or pointers to Internet sites maintained by third parties. MCD does not operate or control in any way any information, products or services on these third-party sites and MCD expressly disclaims any responsibility for such third-party sites, which are provided for your convenience on an "as is" basis without warranties of any kind, express or implied. All rights to content on those links may also be protected by law and should not be used other than for educational, non-profit purposes in accordance with the policies set forth on those sites without prior written permission from the same.

12. This agreement will be governed and construed in accordance with the laws of the State of Georgia without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the superior courts located in Union County, and the U.S. District Court, Northern District of Georgia, Gainesville Division, in the State of Georgia, and agree any cause of action which arise from use of this Web site or from interpretation of these terms and conditions must be filed in the superior courts located in Union County, State of Georgia. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Any remaining provisions shall be given effect to the fullest extent possible.

13. All communication sent to the MCD site(s), related research projects and productions by any conveyance(post, electronic or video mail, parcel-post, commercial or private shipper, facsimile, etc.) becomes the property of MCD. MCD reserves the right, but shall not be obligated to, publish any email message received, in whole or in part, or make such other use as MCD in its sole discretion sees fit.

14. This constitutes the entire agreement between the parties concerning the terms and conditions of use of the MCD web site(s). Other Copyright and intellectual property rights laws apply to the research and development related to Micajah Clark Dyer, his life and inventions outside the MCD site(s) and these Terms and Conditions of Use, but shall not preclude these terms where applicable.

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