Terms of use

Legal Information & Notices Last revised: May, 2013

Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the MIKAEL D, LLC website located at HYPERLINK www.MIKAELD.com and all associated sites linked to HYPERLINK www.MIKAELD.com by MIKAEL D, LLC. The Site is the property of MIKAEL D, LLC. BY USING THE SITE YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without MIKAEL D, LLC’s express prior written consent.

Welcome to the MIKAEL D, LLC Website (the “Site”). Through the Site, you may have access to content, documents, materials, information, products and services (collectively “Content”) such as video downloads, communication forums and product information. By using the Site, you agree to follow and be bound by the following terms and conditions concerning your access to and use of the Site and the Content provided on the Site (“Terms of Use”) and our Privacy Policy. MIKAEL D, LLC may revise the Terms of Use and Privacy Policy at any time without notice to you.

Some areas of the Site may have additional rules, guidelines or terms of use posted. If there is a conflict between the Terms of Use and the rules, guidelines or terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site.

1. Use of Web Site Documents
Downloading of any and all Documents from the Site, including graphics, may be used solely for personal, informational, non-commercial purposes; and the Documents may not be modified or altered in any way. Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Documents or other Content from the Site in whole or in part without the express authorization of MIKAEL D, LLC.

2. No Unlawful or Prohibited Use
You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms of Use or the rules, guidelines or terms of use posted for a specific area of the Site.

3. Third Party Web Sites, Content, Products and Services
The Site provides links to Web sites and access to Content from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that MIKAEL D, LLC is not responsible for the availability of, and Content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that MIKAEL D, LLC is not responsible for third party Content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such Content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that MIKAEL D, LLC is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that MIKAEL D, LLC is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

4. Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MIKAEL D, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MIKAEL D, LLC MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. MIKAEL D, LLC SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES.

MIKAEL D, LLC RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.

5. Limitation of Liability
IN NO EVENT SHALL MIKAEL D, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE.

6. Indemnity
You agree to defend, indemnify and hold harmless MIKAEL D, LLC, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, due to or arising out of your access to or use of the Site or Content on the Site, your uploading, emailing, posting, publishing or otherwise transmitting Content to any Forum, your violation of the Terms of Use or any additional rules, guidelines or terms of use posted for a specific area of the Site, or your violation of any rights of another.

7. Applicable Laws
All matters relating to your access to, and use of, the Site shall be governed by U.S. federal law or the laws of the State of Texas. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in Dallas County, Texas. You and MIKAEL D, LLC agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

8. Copyright/Trademark Information
Although we make this website freely accessible, we don’t intend to give up our rights, or anyone else’s rights, to the materials appearing on the website. The materials available through this website are the property of MIKAEL D, LLC or its licensors, and are protected by copyright, trademark and other intellectual property laws. MIKAEL D, LLC and its licensors expressly reserve all other rights and licenses. You are free to display and print for your personal, non-commercial use information you receive through this website, but you may not otherwise reproduce or modify any of the materials without the prior written consent of their owner. You may share photos from this website using whatever sharing options we offer on the site. Of course, you are free to encourage others to access the information themselves on this website and to tell them how to find it. Downloads of high-resolution and other photos/materials for the Press will be pre-approved with a Login process.

The trademarks, logos, and service marks displayed on the website are registered and unregistered trademarks of MIKAEL D, LLC and others. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the website without the written permission of MIKAEL D, LLC or such third party that may own the trademarks displayed on the website.

You should assume that everything you see or read on the website is copyrighted material unless otherwise noted, and may not be used except as provided in these Site Terms and Conditions or in the text on the website without the written permission of MIKAEL D, LLC. MIKAEL D, LLC neither warrants nor represents that your use of materials displayed on the website will not infringe rights of third parties not owned by or affiliated with MIKAEL D, LLC.

Images of people or places displayed on the website are either the property of, or used with permission by, MIKAEL D, LLC. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Site Terms and Conditions or specific permission provided elsewhere on the website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Any other use of materials on this Site–including reproduction for purposes other than those noted above, modification, distribution, or republication–without the prior written permission of MIKAEL D, LLC is strictly prohibited.

Copyright © 2012-2014, MIKAEL D, LLC. All rights reserved.

PRIVACY POLICY

MIKAEL D, LLC is committed to respecting your online privacy and recognizes your need for appropriate protection and management of any personally identifiable information (“Personal Information”) you share with us.

MIKAEL D, LLC has established this Privacy Policy so that you can understand the care with which we treat your Personal Information.

Personal Information means any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or company or other physical address, and an email address or other contact information.

In the few instances where MIKAEL D, LLC collects personally identifiable information, MIKAEL D, LLC will not share it with other companies or individuals unless we need to share your information with certain third parties with which we have a business relationship in order to provide a product or service you have requested. We will not share with anyone personally identifiable information about you that is of a financial nature.

If you, for any reason, feel that some of the pictures need to be removed for personal reasons, please let us know immediately and we will consider your request. If you would like us to remove the name from a photo caption or photo description, we will be glad to do so. If any specific adjustments to any photos of people shown on the site need to be made, please notify us. We will be glad to accommodate your request. For photos or videos given to MIKAEL D, LLC for placement on the website, you agree to give MIKAEL D, LLC unlimited usage rights with no additional economic compensation, if no other agreement applies. By submitting any pictures, videos or other digital content, you are also giving MIKAEL D, LLC a release to use the material for any purpose with unlimited rights without monetary compensation, unless another agreement applies.

CONTACT US:
info@MIKAELD.com