Copyright 2008 - 2010 AKG Media LLC. All rights reserved worldwide.

AKGMAG and the AKGMAG logo are unregistered marks of AKG Media LLC - all other trademarks are the property of their respective owners.

Use of this site including any content, service, or product displayed, published, or downloaded from this site is subject to all the terms and conditions of our Terms of Use and Privacy Policy.  Registered users are required to enter into an additional agreement.

PLEASE READ THESE TERMS OF USE CAREFULLY.
By accessing or otherwise using this site, you agree to be bound contractually by these Terms of Use.
 
TERMS OF USE AND DMCA NOTICE
Last Update: October 11, 2010

 
1. Parties.  The parties to these Terms of Use are you, and the owner of akgmag.com, AKG Media LLC ("AKG").  All references to "we", "us", "our", this "website" or this "site" shall be construed to mean this website business and AKG. 

2. Modification.  We reserve the right to modify these Terms of Use at any time, and without prior notice.  YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.

3. Use and Restrictions.

3.1.The contents of this site are protected by copyright and trademark laws, and are the property of their owners.  Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this site, but only for personal use.  This means you may download one copy of posted materials on a single computer for personal, noncommercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material you do not obtain any ownership rights in that material.
You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of this site. You may publish, display or commercially exploit any material from this site only if you obtain prior written consent from us and from all other entities with an interest in the relevant intellectual property. You must abide by all additional copyright notices or other restrictions contained in this site.

3.2  Except for RSS Feed Readers, you agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site.  You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) "frame", "scrape" or "mirror" the site, its services or content on any other server or internet-enabled device.  We have the right to block  access to the site to anyone for any reason.

All rights not expressly granted in this Agreement are reserved by us and our licensors and suppliers.

4. How We Treat Submissions.

4.1. We will not treat information that you submit (collectively, "Submissions") to areas of this site that are viewable by others (for example, to the site itself, a blog, forum or chat-room) as proprietary, private, or confidential.  We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. 

4.2. Submissions.

We do not offer compensation for Submissions.

We do not claim ownership of any of your Submissions.

This site allows authors and other writing professionals to promote their work. We reserve the right to reject any submissions that are not related to books, or writing professionals.

Your Submissions might include articles or reviews you have written, images you have a right or license to use, comments on articles, interviews of yourself or with others, or e-mails you have sent to us. We do not claim ownership of any of your Submissions. However, by making a Submission you (a) grant to us and our affiliates, representatives, and assigns an irrevocable, perpetual, non-exclusive, royalty-free, worldwide, transferable license (with the right to sublicense through multiple tiers) to use, reproduce, prepare derivative works of, distribute, adapt, publish, translate, publicly display, transmit or otherwise dispose of your Submission (in whole or in part, alone or together with other materials) in any format or medium now known or later developed, including without limitation for advertising and promotional purposes, (b) warrant that you have the right to grant the foregoing rights to us, (c) agree that we have no obligation to compensate you for your Submissions or to exercise any of the foregoing rights and that any such exercise shall be in our sole and absolute discretion, (d) warrant that your Submission does not contain any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, or obscene, that invades a person's privacy, that violates any intellectual property rights or that violates any law, (e) warrant that your Submission does not solicit funds, or advertise or solicit goods or services, (f) agree that we may, and may authorize others to, identify and credit you as the author of your Submissions and use your name and pertinent biographical data in connection therewith, and (g) agree to indemnify and hold us harmless from any and all loss, damage, and/or expense that you may suffer arising from or related to the exercise by us of the foregoing rights.

We are not responsible for screening Submissions for any reason. We retain, however, the right to reject, modify or remove Submissions that we, in our sole and absolute discretion, consider unacceptable. Whether or not we reject, modify or remove a Submission, you remain solely responsible for the content of your Submission. If we highlight any particular Submission in any area of the Sites, any promotional materials or otherwise, such conduct is not intended as, and should not be deemed to be, an endorsement by us of such Submission.

4.3. You understand and agree that we are not responsible for copies made from your Submissions made by others.

5. Defamation; Communications Decency Act Notice.  This site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any Submissions by third parties is limited as described therein.  We are not responsible for content or any other Submissions posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.

6. Monitoring.  We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you.  We may record or log your use in a manner as set out in our Privacy Policy that is accessible though the Privacy Policy link on this site’s home page. If we believe you are spamming the site, we will block access to you and delete your account. We have the right to block  access to the site to anyone for any reason.

7. Separate Agreements.  You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.

8. Ownership.  The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyright in the content of this site is owned by us or others. Except for the limited rights granted above, all other rights are reserved. We make no claim of ownership regarding articles or any other Submissions posted to this site.

9. DMCA Notice.  This site is an "online service provider" under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”).  As Required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site.  All notices should be addressed as specified below:

Copyright Agent
c/o AKG Media LLC
25852 McBean Pkwy, #747
Santa Clarita, CA, 91355
E-mail address: letters @ akgmag.com

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints.  If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we  will notify the posting party that the material has been blocked or removed.

In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf.  Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

10. Warranty Disclaimers. 

NONE OF THE CONTENT OF THE SITE IS MEANT TO BE USED FOR LEGAL, MEDICAL, FINANCIAL OR ANY OTHER TYPE OF ADVICE.

EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED “AS-IS”, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT.  EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, ACCURACY, RELIABILITY  OR FITNESS FOR ANY PARTICULAR PURPOSE.  THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT.  NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS.  IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW.  SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Limitation of Liability.   IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARENTS, SUBSIDIERRIES, AFFILIATES OR SUPPLIERS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, DAMAGE TO PROPERTY, INJURY OR DEATH TO PERSONS, OR USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE,  ITS USE, OR THE INABILITY TO USE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Links to This Site.  We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.

13. Links to Third Party Websites.  We do not review or control third party websites that link to or from this site, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. We are not responsible for any problems you may encounter form the sites we link to or to their products or services.  Your use of any third party site is on your own initiative and at your own risk, and may be subject to the other sites’ terms of use and privacy policy.

We do not endorse, warrant or guarantee any products or services offered by any third party or advertiser. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.

14. Participation In Promotions of Advertisers.  You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site.  Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.

15. Consumer Rights Information; California Civil Code Section 1789.3.  If this site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this site.  We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3.  All correspondence should be addressed to our agent for notice at the following address:

Notification of Consumer Rights Complaint or Pricing Inquiry
AKG Media LLC
25852 McBean Pkwy, #747
Santa Clarita, CA, 91355
E-mail address: letters @ akgmag.com

You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.

16.  Fees: Services are currently without charge, but we reserve the right to charge in the future.

17. Arbitration.  Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect.  There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules.  The arbitration shall take place in Los Angeles County, California USA, and may be conducted by telephone or online.  The arbitrator shall apply the laws of the State of California, USA to all issues in dispute.  The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.  The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.  Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.

18. Jurisdiction And Venue.  The courts of Los Angeles County in the State of California, USA and the nearest U.S. District Court in the State of California shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Use.

19. Controlling Law.  This Agreement shall be construed under the laws of the State of California, USA, excluding rules regarding conflicts of law.  The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

20. We control and operate this site from our offices in the United States of America. We do not represent that materials on this site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

21. Force Majeure.  We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.

22. Privacy.  Please review this site's Privacy Policy which also governs your visit to this site.  Our Privacy Policy is always accessible on our site's home page.