gballard.net and its associates respect your privacy and are committed to protecting your privacy. The gballard.net website has been actively structured so that, in general, you can visit www.gballard.net, the G. BALLARD site, without identifying yourself or revealing any personal information. gballard.net and its associates will not Rent, Sell or Share your personal information.
gballard.net is by nature an informational digital publication and resource hub that actively formats and targets its Content to be easily accessed by the internet spiders, robots and web crawlers in order for them to index gballard.net Content specifically for the internet search engines. As a result, any Content You Post is available to and may be electronically harvested by third parties, and made available, hyper-linked, to millions of computers around the world through common internet search engines. gballard.net may publish your relevant personal information, as may be included within the sharing, informational format of the gballard.net site.
1.1 This legallybinding user agreement governs your use of the www.gballard.net site, hereafter referred to as "G Site," which is owned and produced by Gary G. Ballard, dba, G. BALLARD Studio. Additional terms and conditions of use applicable to specific areas of G Site may also be posted in such G Site site areas, including written contracts and invoices, and together with this Agreement, govern your use of those areas and all G Site Content. This Agreement, together with any such additional terms and conditions and notices, including attached, enclosed "ReadMe" and "License" files, shall be hereafter referred to as "Agreement."
1.2 G Site reserves the right, in its discretion, to change or modify all or any part of the Agreement at any time, effective immediately upon uploading the updated, revised Ageement here. Your continued use of G Site constitutes your binding acceptance of all terms and conditions, including any changes or modifications made by G Site as permitted above. If at any time the terms and conditions of the Agreement are no longer acceptable to you, you should immediately cease all use of G Site.
2) USE OF CONTENT:
2.1 Under the Agreement, you acknowledge that G Site contains information, software, photographs, audio and video clips, graphics, original art, links and other material, hereafter referred to as "Content," that are protected by Federal and International copyright laws, trademark or other proprietary rights of G Site, contributors or third parties. All Content on G Site is copyrighted as a collective work of G Site pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through G Site. You may use G Site Content only for educational purposes, and only with the express written permission of G Site.
2.2 You may not rent, sell, share, or financially benefit from or alter Content in any way or form whatsoever.
2.3 Except as may be expressly permitted in the Agreement, you may not modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, sell, transfer or in any way exploit any of the Content, in whole or in part. You may publish on G Site subject to G Site's approval review and space, any Content owned by you, such as your original statements and creative work, Content for which you have received express permission from the owner and Content in the public domain, hereafter referred to as “Content You Post."
2.4 You assume all risk and responsibility for determining whether any Content You Post is in the public domain. You hereby grant, transfer and assign to G Site and its successors, assigns and licensees, hereafter referred to as, “Licensee,” a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate, display, perform, modify, revise, create derivative works of and archive the Content You Post, in any form or media now known or hereafter developed, including without limitation in print, magnetic or electronic form, on any number of occasions in any form, and to sublicense third parties to do any of the foregoing with further right of sublicense (the “License”), without compensation to you. You represent and warrant that you are fully authorized to grant all rights set forth in the preceding sentence and that the exercise by Licensee of Licensee’s rights under the License, shall not violate any laws, defame or libel any person, invade any person’s right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person (including without limit copyright or moral right).
2.5 Except as may be specifically noted otherwise, you may download, copy and make any personal, non-commercial use of the Content and use that is permitted by Sections 107 through 122 of the United States Copyright Act of 1976, as amended, “Copyright Act,” and not prohibited by any section of the Copyright Act or by any other applicable law, rule or regulation; provided, however, that you maintain all copyright and other notices contained in such Content; and provided further that you shall not store electronically any significant portion of any Content.
3) Rules of Conduct:
You shall not post on G Site any Content which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as Content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or (d) otherwise violates any applicable law. You may not post on G Site any links to any external Internet sites that are obscene or pornographic. You shall not use G Site for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services.
4) Managing Content:
G Site does not and cannot review all the issues associated with Content posted by users, and is not responsible for such Content. However, G Site reserves the right to delete, move or edit any Content, including Content posted that G Site may determine, in its sole discretion, violates the Agreement or is otherwise unacceptable. You shall remain solely responsible for all Content posted by you. G Site shall have the right, but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion.
5) No Endorsement:
5.1 G Site does not represent or endorse the accuracy or reliability of any Content posted on G Site or its hyper-links, and you acknowledge that any reliance upon such Content shall be at your sole risk. Any Content placed by G Site or its contributors represents the views of the user posting the statement, and does not represent the views of G Site.
5.2 G Site may contain links to sites on the Internet which are owned and operated by third parties, hereafter referred to as "External Sites." You acknowledge that G Site is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding the content located on such External Sites.
5.3 G Site is not affiliated with, and receives no compensation from, any site, company, author, or contributor mentioned or linked to on G Site - including Apple Computer, Inc., Adobe Systems, Inc., Bruce Fraser (and his various associates and his commercial enterprises). www.kumeyaay.info is a G. Ballard site. Complete DISCLAIMER.
You agree to indemnify, defend and hold G Site and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors, hereafter to as the "G Site Parties," harmless from and against any and all claims, liability, losses, costs and expenses, including attorneys' fees, incurred by any G Site Party in connection with any use or alleged use of G Site under your password by any person, whether or not authorized by you. G Site reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with G Site's defense of such claim.
7) Disclaimer of Warranties; Limitation of Liability:
7.1 Neither G Site nor any provider of third party content or their respective agents warrants that G Site will be uninterrupted or error free; nor does G Site, any third party content provider, or their respective agents make any warranty as to the results to be obtained from use of the Content. G Site and the Content are distributed on an "as is, as available" basis. None of G Site, third party content providers and their respective agents make any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to G Site and the Content. Neither G Site nor any third party content provider warrants that any Content available for downloading through the service will be free of viruses or similar contamination or destructive features. You expressly agree that the entire risk as to the quality and performance of the service and the accuracy or completeness of the Content is assumed solely by you.
7.2 Neither G Site, any third party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use G Site, even if such party has been advised of the possibility of such damages.
7.3 Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, the liability of G Site, third party content providers and their respective agents shall be limited to the greatest extent permitted by law.
This Agreement shall be construed in accordance with the laws of the State of California, without reference to principles of choice of law. You and G Site each irrevocably consent to the personal jurisdiction of the federal or state courts located in San Diego, California, with respect to any action, suit or proceeding arising out of or related to this Agreement or to you or G Site, including without limitation any Content You Post or other Content, and waive any objection, to venue in any of the Courts for such an action, suit or proceeding. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on G Site such as agreed written terms signed by both parties shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. If any provision of this Agreement is held invalid, illegal or unenforceable in any respect, (a) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (b) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (c) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances.