Terms of Use

TERMS OF USE AND DMCA NOTICE

These Terms of Use (“Terms”) apply to the websites and social media sites operated by AUTHOR W. Scott Blackmer of Salt Lake City, Utah, USA (“AUTHOR”), [email protected] (the “Sites”). These include www.traynorsworld.com, www.scottblackmer.com, and www.gangjeontest.com. By accessing or using these Sites, you agree to be bound by and comply with this Terms of Use Agreement (which includes the Privacy and Cookies Policy found at www.traynorsworld.com). If you do not agree with this Terms of Use Agreement, please do not these Sites. AUTHOR reserves the right, at his own discretion, to update and modify this Terms of Use Agreement at any time, and by using these Sites you agree to be bound by and comply with these modifications.

Children

YOU MUST BE 13 YEARS OF AGE OR OLDER TO REGISTER, SUBMIT PERSONAL INFORMATION, POST TO OR PARTICIPATE IN PUBLIC AREAS (INCLUDING SOCIAL MEDIA) OF AUTHOR’S SITES.

By registering or submitting Personal Information or posting to or participating in public areas of the Sites (including without limitation user profiles, blogs, puzzles, contests, social media, comments, and chat), you represent and warrant you are 13 years of age or older. Your account may be terminated without warning if we believe that you are under 13 years of age.

Use of Materials

Unless otherwise indicated (see User Content subheading below), all content appearing on these Sites including, without limitation, stories, blog posts, designs, compilations, trademarks, logos, and all other copyrighted materials and all other materials related to the Site, including the “look and feel” is owned, controlled or licensed by AUTHOR and is protected from unAUTHORized use, copying, and dissemination by United States of America and foreign copyright, trademark, and other laws. The information and materials, including text, images, audio, video, computer code and software, appearing on these Sites are presented for your non commercial, personal use only. You may not reproduce, duplicate, distribute, or modify in any way any materials available on these Sites without written permission from AUTHOR. You may request permission by contacting him at [email protected].

Disclaimers/Limitation of Liability

YOU UNDERSTAND AND AGREE THAT AUTHOR LIMITS HIS LIABILITY IN CONNECTION WITH YOUR USE OF THE SITE AS SET FORTH BELOW.

AUTHOR WILL NOT BE HELD LIABLE, UNDER ANY CIRCUMSTANCE, FOR YOUR USE OR INABILITY TO USE THESE SITES AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE INFORMATION AND MATERIALS APPEARING ON THESE SITES, WHICH IS PROVIDED “AS IS” AUTHOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AUTHOR DOES NOT MAKE ANY REPRESENTATIONS THAT THESE SITES OR ITS CONTENTS WILL BE VIRUS OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL AUTHOR BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OF THESE SITES OR FOR ANY MATERIALS CONTAINED HEREIN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL AUTHOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

YOUR ACCESS TO AND USE OF THESE SITES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THESE SITES OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THESE SITES OR THE CONTENT FOUND ON THE SITES.

AUTHOR IS NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, DEVICE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

User Conduct

To the extent that portions of these Sites may provide users an opportunity to post and exchange information, ideas, opinions, or otherwise communicate with AUTHOR and/or users of the Sites, AUTHOR is not responsible for material submitted or posted to the Sites, including materials posted on any blogs, forums, or other public areas (“Public Areas”) as applicable. You acknowledge that AUTHOR Solutions, LLC may or may not pre-screen these materials, and AUTHOR or his designees have the right, in his sole discretion, to pre-screen, refuse, or remove any content that violates these Terms of Use or is otherwise objectionable. AUTHOR reserves the right to use and disclose information as provided in the Privacy Policy. You shall not upload, transmit, distribute or otherwise publish through these Sites any content that: a) libels, defames, is obscene, pornographic, abusive, harassing, hateful, racially or ethnically offensive or threatening; b) infringes any intellectual property right or any other rights of any entity or person, including but not limited to violating anyone’s copyrights or trademarks; c) violates any law; d) advocates illegal activity; e) advertises or otherwise solicits funds or is a solicitation for goods or services; f) contains a virus or other harmful component; or g) impersonates another person. These Sites are for personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved by AUTHOR.

License for Submitted Content; User Content

These Sites may now or in the future permit the submission of content at the direction of users of the Sites (“User Content”) and the hosting, sharing, and/or publishing of User Content. You understand that whether or not such User Content is published, AUTHOR and AUTHOR’s service providers do not guarantee any confidentiality with respect to any submissions. You shall be solely responsible for User Content you submit and the consequences of AUTHOR’s and service providers’ hosting or publishing User Content. In connection with any User Content you submit, you affirm, represent, and warrant that: (i) you own the necessary licenses, rights, consents and permissions to use and authorize both AUTHOR and AUTHOR’s service providers to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of User Content in the manner contemplated by the Sites and these Terms of Use; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Sites and these Terms of Use, and (iii) any User Content you submit does not infringe or violate the rights of any third-party. By submitting User Content, you hereby grant both AUTHOR and AUTHOR’s service providers a perpetual, worldwide, non-exclusive, royalty- free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with the Sites and AUTHOR’s (and his successors’) business including without limitation for promoting and redistributing part or all of the Sites (and derivative works thereof) in any media formats and through any media channels. You also grant each user of the Sites a non-exclusive license to access your User Content through the Sites, and to use, reproduce, distribute, prepare derivative works of, display and perform User Content as permitted through the functionality of the Sites and under these Terms of Use. AUTHOR or AUTHOR’s service providers may maintain copies of any User Content.

Indemnity

You agree to defend, indemnify, and hold AUTHOR and AUTHOR’s employees, agents, and independent contractors harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these Terms of Use by you or arising out of your use of these Sites, including but not limited to Site content or User Content you submit on these Sites. Technology, hosting, and other services for aspects of these Sites are provided by AUTHOR’s service providers. By participating in these Sites, you also agree to defend, indemnify, and hold AUTHOR’s service providers harmless on all matters related to your participation with these Sites and interaction with others using them. AUTHOR’s service providers are third-party beneficiaries to your agreement with these Sites pursuant to the Privacy Policy and this Terms of Use Agreement.

Links to Third-Party Websites

These Sites may contain links to websites that are run and maintained by third parties. AUTHOR is not responsible, nor shall AUTHOR be held liable for, the content, services, or products provided on these websites, nor for the practices of any third party. These Terms of Use apply solely to these Sites, and you should always review the terms and conditions of any other website that you access through a link from any of the Sites.

Governing Law and Jurisdiction

These Sites are operated in the State of Utah in the United States of America, and this Terms of Use Agreement is governed by applicable Utah and US federal law, without giving effect to their principles of conflicts of law. By using these Sites and/or providing us with your personal information, you waive any claims that may arise under the laws of other countries or territories located outside of the United States or states other than Utah, and you agree to submit to the exclusive jurisdiction of the courts of the State of Utah, Salt Lake County, and the federal courts located therein.

Copyright Infringement

AUTHOR prohibits the posting of any information or materials that violates or infringes the copyrights of any person or entity. If you believe that your work has been copied and made available on these Sites in a manner that would constitute copyright infringement, please provide the following information in writing to AUTHOR’s designated DMCA Copyright Agent: W. Scott Blackmer: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Sites; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner. AUTHOR’s designated DMCA Agent for notice of claims of copyright or other intellectual property infringement can be contacted as W. Scott Blackmer, [email protected]. Please put “DMCA Notice” in the subject line of your email. Upon receipt of proper notification, AUTHOR will remove any posted submission found to be infringing the rights of any person or entity in conformance with 17 U.S.C. §512(c)(3). United States law provides strict penalties for submitting false claims of infringement. A counter-notice objecting to take-down may be sent to the same address.

Enforcement

If any provision of this Terms of Use is adjudged unlawful or void or unenforceable in whole or in part, the remaining provisions shall continue in full force and effect.

Termination; Repeat Infringement

In addition to any other remedies provided to AUTHOR under this Terms of Use Agreement, AUTHOR or our service providers may terminate your access to the Sites if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the Sites more than twice. If you believe that a user of these Sites has committed copyright or trademark or other infringement, please contact AUTHOR at [email protected].