Terms Of Use


ACCEPTANCE

Welcome to <ahref=”http://www.tinagevans.com”>www.tinagevans.com (the “Site”) along with the various web pages, content, information and services provided throughout the Site.
By browsing, accessing or using the site (“Use”), you affirm that you are competent and capable of understanding, agreeing to and complying with the Terms of Use (“TOU”) and the Privacy Policy.
You represent yourself as being 18 years old or older (“You”, “User”). If between the ages of 13 to 17 years old (“You”, “User”), you possess legal parental or guardian consent. By using the Site, the User fully understands and agrees to the TOU and Use of the Site. If the User does not agree or accept the TOU listed, then please do not Use the Site.
Tina G. Evans (TGE) reserves the right to change or alter the TOU without notice to the User, effective on the date listed in: EFFECTIVE DATE.
Please check the TOU for updates and changes each time the User uses the Site, as the User is bound to the TOU and to the Private Policy including any modified terms and conditions.

 

OWNERSHIP  AND  LICENSE

TGE is the owner or licensee of all content (“Site Content”) contained on the Site, including, without limitation and not limited to the following:
Text
Images and Photographs
Videos and Links to Video
Sound include Music, Podcast, Webinar, or Audio on the Site or links to Audio
Artwork, and Illustrations
Software, Programs, and Apps
HTML code including CSS
Along with the selection, arrangement and design of the Site

The Site and Site Contents are protected by United States and International laws covering Copyright, Trademark, Intellectual Property Rights, Moral Rights, and Regulations, which is owned or licensed by TGE. The User acknowledges by using the Site that no ownership rights to the Site or Site Content is acquired and the User also agrees not access or attempt to access the Site by any means other than the interface provided by TGE.

 

LIMITED  RIGHTS  –  USER  LICENSE  –  CODE  OF  CONDUCT

TGE grants the User a limited, non-exclusive license to view, print or download Site Content for the User’s own personal use. The User can print or download ONE (1) copy of Site Content to a single computer, provided the User keeps all copyright, trademark, and other proprietary notices on the Site Content and the copy is marked as follows:

“Copyright © 2013-2015 Tina G. Evans.  All rights Reserved.”

Unless otherwise stated, TGE and/or its licensors own the intellectual property rights in the Site and Site Content. Subject to the license below, all these intellectual property rights are reserved.
The User shall not:
Republish Site Content from the Site.
Republication of Site Content on another website, or media including social media or networking environment.
Sell, rent, or sub-license Site Content from the Site.
Show any Site Content from the Site in public.
Reproduce, duplicate, copy or otherwise exploit Site Content on the Site for a commercial purpose.
Edit or otherwise modify any Site Content on the Site. Redistribute Site Content from the Site.
In any way that causes, or may cause, damage to the Site, or impairment of the availability or accessibility of the Site, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
Copy, store, host, transmit, send, use, publish or distribute any Site Content which consists or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
Conduct any systematic or automated data collection activities, including and without limitation to Scraping, Data Mining, Data Extraction, Data Harvesting on or in relation to the Site.
Use the Site to transmit or send unsolicited commercial communications.
Use the Site for any purposes related to marketing.

If the User wishes to use Site Content for a commercial purpose, the User can request permission by clicking this link Contact Page

 

LINKS  TO  THIRD  PARTY  WEBSITES

The Site Content could have links, such as hyperlinks or buttons, directing access to third party websites (“Linked Sites).
The Linked Sites:
Are not controlled or monitored by TGE.
TGE shall not be responsible for any information, materials, and/or content posted.
Does not imply any relationship and/or association between TGE and the owner of the Linked Sites.
Are not an endorsement and/or sponsorship by TGE and the Linked Sites.
The Linked Sites are included solely for the User’s convenience.
The User is solely responsible for accessing the Linked Sites.
The User shall use judgment, caution, and/or common sense in using Linked Sites.

 

BLOGS  AND  COMMENTS

“Your User Content” means content including, without limitation, text, images, audio material, video material and audio-visual material that you submit to the Site, for whatever purpose.
The User grants TGE, a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. The User also grants TGE, the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your User Content shall not be illegal or unlawful, must not infringe any third party’s legal rights, and shall not be capable of giving rise to legal action whether against the User or TGE or a third party in each case under any applicable law. The User shall not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. TGE reserves the right to edit or remove any material submitted to this website, or stored on servers, or hosted or published upon the Site.
Notwithstanding TGE rights under the TOU in relation to user content, TGE does not undertake to monitor the submission of such content to, or the publication of such content on the Site.

 

DISCLAIMER  AND  LIMITATIONS

THE USER USES THE SITE IS AT THEIR OWN RISK.
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED AND INCLUDES WITHOUT LIMITATION REPRESENTATIONS WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, PERFOMANCE, AVAILABILITY, TIMELINESS, ACCURACY OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY TE TO THE FULLEST EXTENT PERMITTED BY LAW.
THE USER IS SOLELY RESPONSIBLE FOR OBTAINING, CONFIGURING AND MAINTAINING ALL COMPUTER HARDWARE, SOFTWARE, TELEPHONE SERVICES, AND OTHER EQUIPMENT AND SERVICES NECESSARY FOR THE USER TO USE THE SITE.
THE INTERNET IS NOT A SECURE MEDIUM, MAY BE SUBJECT TO INTERRUPTION AND DISRUPTION, AND INADVERTENT OR DELIBERATE BREACHES OF SECURITY AND PRIVACY. THE OPERATION OF THE SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND TGE’S CONTROL. THE OPERATION OF THE SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED, SECURE OR PRIVATE.
TGE WILL NOT BE LIABLE TO THE USER OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGES SUFFERED BY THE USER OR ANY OTHER PERSON AS A RESULT OF ANY FAILURE OR REFUSAL BY TGE TO GIVE EFFECT TO, OR FOR ANY FAILURE OR DELAY BY TE IN RECEIVING, ACCESSING, PROCESSING OR ACCEPTING ANY COMMUNICATION SENT TO TE BY MEANS OF THE SITE OR EMAIL, OR FOR ANY LOSS OR DAMAGES SUFFERED AS A RESULT OF THE OPERATIONAL FAILURE, MALFUNCTION, INTERRUPTION, CHANGE, AMENDMENT OR WITHDRAWAL OF THE SITE OR EMAIL SERVICES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TGE MAKES NO REPRESENTATION, WARRANTY OR CONDITION THAT:
THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE.
THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED.
THE SITE WILL MEET YOUR REQUIREMENTS.
THE INFORMATION CONTAINED IN THE SITE OR DERIVED FROM THE SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY.
CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE SITE.
THE USE OF THE SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS, OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS.
THE USE OF THE SITE WILL NOT INFRINGE THE RIGHTS INCLUDING INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON.
TGE DISCLAIMS ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
THE USER AGREES TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM THE USE OF THE SITE OR THE SUBMISSION AND USE OF ANY SUBMITTED MATERIALS, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF FINANCIAL LOSS, PHYSICAL HARM, PROPERTY DAMAGES, DEALING WITH OTHER USERS OF THE SITE, STRANGERS, MINORS, OR FOREIGN NATIONALS, AND PERSONS ACTING UNDER FALSE PRETENSE.
THE USER FURTHER AGREE TO RELEASE TE, HARMLESS FROM ALL CLAIMS, DEMANDS, DAMAGES INCLUDING DIRECT, INDIRECT, AND CONSEQUENTIAL OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM THE USER’S USAGE OF THE SITE, AND SUBMITTED CONTENT, TO THE SITE.
THE USER FURTHER UNDERSTANDS AND AGREES THAT TGE; IN NO EVENT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, REVENUE, DATA, OR USE, INCURRED BY THE USER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR BREACH OR FAILURE OF WARRANTY, EVEN IF TGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OF LIABILITY, OR THE DISCLAIMER OF CERTAIN DAMAGES, TGE’S AGGREGATE LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED U.S. $100.

 

NOTICE  OF  COPYRIGHT  INFRINGEMENT

If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please inform us by sending written notice by email to :

Email Mail: Tina G. Evans | Attn: DMCA |   legal@tinagevans.com

The notice must comply with the Digital Millennium Copyright Act and international intellectual property law, where applicable, and include, among other things, the following information as set forth in the
Digital Millennium Copyright Act 17 U.S.C. § 512.

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work you claim is being infringed, or, if you want to cover multiple copyrighted works in a single notice, a representative list of such works.
Identification of the material that you claim is infringing or is the subject of infringing activity and that you believe should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact you, such as an address, and electronic mail address (email address) at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
Please note that the contact information provided in this paragraph is for allegations of suspected copyright infringement only.

 

GENERAL

The User agrees that there is no employment, partnership, or joint venture relationship between the User and TGE arising out of or resulting from the Use of the Site.
The laws of the State of Oklahoma, United States of America govern the TOU, without giving effect to any principles of conflict of laws. The User agrees that any action at law or in equity arising out of or relating to the TOU shall be filed only in the state courts located in City of Tulsa, Tulsa County, OK, and Federal Court in Muskogee, OK; United States of America.
The User hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
The Site is operated, updated and maintained from the United States, and should not be accessed from any location where it would violate local laws to do so. Recognizing the global nature of the Internet, the User agrees to comply with all local rules regarding online conduct. Specifically, the User agrees to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which the User resides.

HOW  TO  CONTACT  US

Please contact TGE with any comments, questions, or suggestions regarding the TOU and/or the Site and/or Site Content and/or requesting permission to use Site Content:

Email: socialmedia@tinagevans.com | Subject: Website

 



EFFECTIVE DATE: August 30, 2013
LAST UPDATED DATE: August 14, 2015

Copyright © 2013-2015 Tina G. Evans. All Rights Reserved.