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TERMS OF USE
TERMS AND CONDITIONS
Tomahawk Partners, LLC and its affiliates ("Tomahawk"
or "we") provide its content on this Web site (the "Site")
subject to the following terms and conditions (the "Terms").
We may periodically change the Terms, so please check back from
time to time. By accessing and using this Site, you agree to these
Terms. For an explanation of Tomahawk's practices and policies
related to the collection, use, and storage of our users' information,
please read our Privacy Policy.
1. Copyrights
All content and functionality on the Site, including text, graphics,
logos, icons, and images and the selection and arrangement thereof,
is the exclusive property of Tomahawk or its licensors and is
protected by U.S. and international copyright laws. All rights
not expressly granted are reserved.
2. Trademarks
The trademarks, service marks, designs, and logos (collectively,
the "Trademarks") displayed on the Site are the registered
and unregistered Trademarks of Tomahawk, its customers and its
licensors. You agree that you will not, without prior written
permission, refer to or attribute any information to Tomahawk,
its customers or its licensors in any public medium (e.g., press
release, Web sites) for advertising or promotion purposes, or
for the purpose of informing or influencing any third party and
that you will not use or reproduce any Trademark of, or imply
any endorsement by or relationship with Tomahawk or its licensors.
3. Use of Site Content
Tomahawk hereby grants you a non-exclusive, non-transferable license
for the term hereof to access and download, display, and print
one copy of the content and functionality displayed on the Site
(the "Site Content") on any single computer solely for
your internal, business use, provided that you do not modify the
Site Content in any way and that you retain all copyright and
other proprietary notices displayed on the Site Content. You may
not otherwise reproduce, modify, distribute, transmit, post, or
disclose the Site Content without Tomahawk’s prior written
consent.
4. User Postings
You acknowledge and agree that Tomahawk shall own and have the
unrestricted right to use, publish, and otherwise exploit any
and all information that you post or otherwise publish on the
Site in postings, survey responses, and otherwise, and you hereby
waive any claims against Tomahawk for any alleged or actual infringements
of any rights of privacy or publicity, moral rights, or rights
of attribution in connection with Tomahawk's use and publication
of such submissions. You covenant that you shall not post or otherwise
publish on the Site any materials that (a) are threatening, libelous,
defamatory, or obscene; (b) would constitute, or that encourage
conduct that would constitute, a criminal offense, give rise to
civil liability, or otherwise violate law; (c) infringe the intellectual
property, privacy, or other rights of any third parties; (d) contain
a computer virus or other destructive element; (e) contain advertising;
or (f) constitute or contain false or misleading statements. Tomahawk
does not and cannot review all information posted to the Site
by users and is not responsible for such information. However,
Tomahawk reserves the right to refuse to post and the right to
remove any information, in whole or in part, for any reason or
for no reason.
5. Notices of Infringement and Takedown by Tomahawk
Tomahawk prohibits the posting of any information that infringes
or violates the copyright rights and/or other intellectual property
rights (including rights of privacy and publicity) of any person
or entity. If you believe that your intellectual property right
(or such a right that you are responsible for enforcing) is infringed
by any content on the Site, please write to Tomahawk at the address
shown below, giving a written statement that contains: (a) identification
of the copyrighted work and/or intellectual property right claimed
to have been infringed; (b) identification of the allegedly infringing
material on the Site that is requested to be removed; (c) your
name, address, and daytime telephone number, and an e-mail address
if available; (d) a statement that you have a good faith belief
that the use of the copyrighted work and/or exercise of the intellectual
property right is not authorized by the owner, its agent, or the
law; (e) a statement that the information in the notification
is accurate, and, under penalty of perjury, that the signatory
is authorized to act on behalf of the owner of the right that
is allegedly infringed; and (f) the signature of the intellectual
property right owner or someone authorized on the owner's behalf
to assert infringement of the right. Tomahawk will remove any
posted submission that infringes the copyright or other intellectual
property right of any person under U.S. law upon receipt of such
a statement (or any statement in conformance with 17 U.S.C. ?
512(c)(3)). U.S. law provides significant penalties for submitting
such a statement falsely. Under appropriate circumstances, persons
who repeatedly submit infringing or unlawful material will be
prohibited from posting further submissions. Tomahawk’s
contact for submission of notices under this Section 5 is:
Alexander C. McGilvray, Esq.
Clark & Trevithick PC
800 Wilshire Boulevard
12th Floor
Los Angeles, California 90017
6. Disclaimers
THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE
UNDERSTANDING THAT TOMAHAWK IS NOT HEREIN ENGAGED IN RENDERING
PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY
ON THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. TOMAHAWK AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO
WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY,
OR ADEQUACY OF THE SITE CONTENT. TOMAHAWK SHALL HAVE NO LIABILITY
OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEB
SITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE,
OR PROVIDED BY THIRD PARTIES. NEITHER TOMAHAWK NOR ITS THIRD-PARTY
CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS,
WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES
AND REGARDLESS OF THE THEORY OF LIABILITY.
7. Third-Party Web Sites
We may provide links to third-party Web sites, and some of the
content appearing to be on this Site is in fact supplied by third
parties, for example, in instances of framing of third-party Web
sites or incorporation through framesets of content supplied by
third-party servers. Tomahawk has no responsibility for these
third-party Web sites, which are governed by the Terms of Use
and privacy policies, if any, of the applicable third-party content
providers.
8. Governing Law; Jurisdiction
These Terms are governed by the laws of the State of California
without reference to the principles of conflicts of laws thereof.
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