eMarketingConsult.com Disclaimer Notice and Digital Millennium Copyright Act (DMCA) Notice

First of all, I would like to thank you for visiting eMarketingConsult.com, and now for clicking on the link to read the disclaimer.  So few people actually read disclaimers these days.  Truly, you are the unsung heroes of our nation.

 

About Using this Website

By using or accessing this website you are accepting all the terms of this disclaimer notice.  If you do not agree with anything in this notice you should not use or access this website.

 

Warranties and Liability

All data and information provided on this site is for informational purposes only. The contents herein are solely the opinions of eMarketingConsult.com and their contributors, and should not be considered as a form of therapy nor constitute professional advice or a formal recommendation. If expert assistance or counseling is needed, services of a competent professional should be sought.

While the content of this site is provided in good faith, eMarketingConsult.com makes no representations as to accuracy, completeness, currentness, suitability, or validity of any information on this site.  In no event will eMarketingConsult.com be liable for any incidental, indirect, consequential, punitive or special damages of any kind, or any other damages whatsoever, including, without limitation, those resulting from loss of profit, loss of contracts, loss of reputation, goodwill, data, information, income, anticipated savings or business relationships, whether or not eMarketingConsult.com has been advised of the possibility of such damage, arising out of or in connection with the use of this website or any linked websites. All information is provided on an as-is basis. eMarketingConsult.com hereby excludes all representations and warranties whatsoever (whether implied by law or otherwise) relating to the content and use of this site.

The members of eMarketingConsult.com are responsible for the content, not our employer, volunteer group, membership organization, church, or other agencies which you might be seen members represent.

We do not warrant that the servers that make this website available will be error, virus or bug free and you accept that it is your responsibility to make adequate provision for protection against such threats.  We recommend scanning any files before downloading.

 

Links to Other Websites and Products

Hyperlink is the most import feature of the web. Linking is not a crime. If it is a crime then Google would be the Number 1 violator. Links to other websites are provided for the convenience of users only.

Please be aware that the administrator of eMarketingConsult.com is not responsible for any content which is streamed through this website. The sites that we link to via hyperlinks are not under our control. The sun, the moon and the rotation of the Earth are not under our control either. We’re working on it, but don’t hold your breath, and don’t try to make us responsible for other sites, bad weather, global warming or any malady that befalls you. If you try, we may have to send our crack in-house security team to visit you. We are unable to provide any warranty regarding the accuracy or completeness or legitimacy of the content of such sites, or the reliability, quality or effectiveness of any products provided through external websites.  A link to an external site does not imply an endorsement of the views, information or products provided or held by such websites.

eMarketingConsult.com waives responsibility to any copyright infringement that may occur. The videos on eMarketingConsult.com are made available through embedded links or streams publicly available on popular video hosting websites. eMarketingConsult.com does not host any content or video, generate the content, or reproduce any of the videos. eMarketingConsult.com streams content that has been uploaded to third-party online video hosting sites such as: youtube.com, megavideo.com and other video hosting sites. If any damage occurs by the use of information presented on this website, only shall the content provider be held liable. eMarketingConsult.com can’t take any responsibility for the content hosted on such sites.

 

Errors or Material Omissions

If you see any errors in an article or story here, please tell me.  I will fix it if I made an important mistake (it could happen), although again all the actual facts here are drawn from sources that are already public.  I won’t necessarily change or delete something that is true just because you ask me to do that.  But I might.

 

Blog

A blog is always in transition. The world is an ever-changing place, which means that content can become outdated quickly. The information published today might not be valid or accurate two weeks or two years from now. Content, sources, information and links change over time, we cannot be held liable for this constant changes. While we hope to avoid having outdated material on our site, we can’t guarantee that everything is timely, so don’t rely on the timeliness or accuracy of the information on the site. (Only a lawyer (liars) would put out information to impress you and then say “don’t rely on it.” And while we don’t want to come across like other lawyers or liars, we don’t want to have to update our website every night either.)

Our intention is to do no harm. Not to injure others, defame, or libel. What we write on your blog is not to be taken as fact nor absolute. If people use our advice, tips, techniques, and recommendations, and are injured, we are not to be held responsible.

If we write a satire article or a blog post against a person or organization and resulted into a torrent of ridicule to that person or organization. We cannot held criminally or civilly responsible for the negative publicity that person or organization gets. We are protected under fair use policy of the law.

 

Commenting Policy

We never censor comments based on ideological point of view. We reserve the right to edit or delete any comments submitted to this blog without notice due to;

1. Comments deemed to be spam or questionable spam

2. Comments including profanity

3. Comments containing language or concepts that could be deemed offensive

4. Comments that attack a person individually

 

Public Forums

This site makes forums and message boards available to its users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.

 

Email-responding policy

I try but can’t always.  NOTE: the chances of me even reading an email are greatly reduced if it:

1. has no subject line at all;

2. the subject or sender include the words “Viagra,” “cialis,” “penis,” or any other French words; or

3. the sender’s name has a middle initial displayed, which seems to be a spam indicator, especially if the name is something like “Brad Pitt” (the name on one email I actually received). If your real name actually is “Kim Kardashian” or anything like it, I apologize for not writing you back but suggest that you make up a normal-sounding fake name for purposes of writing me.  Also that you use that name for all other purposes too for the rest of your life.

 

Exceptions

If any of the content of this disclaimer notice is found to be illegal, invalid or unenforceable under the applicable law, that will have no bearing on the enforceability of the rest of the disclaimer notice and the illegal, invalid or unenforceable part shall be amended to the minimum extent necessary to make it legal, valid and enforceable.

Nothing in this disclaimer notice shall serve to limit or exclude any liability for death or personal injury arising from eMarketingConsult.com negligence, or for fraud, or for anything else which it would not be lawful for eMarketingConsult.com to exclude.

 

Disputes Jurisdiction

This site is operated by individuals in different countries and the lead administrator is based in the Philippines. This disclaimer notice shall be interpreted and governed by the Philippine law. If there is any dispute about or involving the site, by using the site, you agree that the dispute will be governed by the laws of the Philippines without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the courts of the Philippines.

 

Indemnity

You agree to indemnify and hold eMarketingConsult.com, its admin members, affiliates, officers, and other partners, harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the site, including also your use of the site to provide a link to another site or to upload content or other information to the site.

 

Variations

We reserve the right to revise and amend this disclaimer notice from time to time and any revised version will be deemed to be applicable from the first date of publication on this website.

Just in case. If I say something stupid in the future, it’s better to be able to point out that the stupidity is mine, and mine alone. My stupidity! You can’t have it! icon smile eMarketingConsult.com Disclaimer Notice and Digital Millennium Copyright Act (DMCA) Notice

 

Revised October 16, 2008

 

Digital Millennium Copyright Act

 

eMarketingConsult.com does not store any copyrighted documents, softwares, audio-visual content for streaming or downloading on our servers. The eMarketingConsult.com website, forums and software may contains links to user-submitted audio-visual content stored on third party servers. eMarketingConsult.com is fully compliant with the laws of the Digital Millennium Copyright Act.

All streaming music, audio, video content, PDF downloads and related services accessed through eMarketingConsult.com is stored on third-party servers, aggregated, linked or embed in our website. eMarketingConsult.com is not responsible if this third-party website like YouTube, MegaVideo, RapidShare is fully compliant with the laws of the Digital Millennium Copyright Act.

Please note that any claims against these third-party websites like YouTube-related content must be made to YouTube itself. Any DMCA claims sent to eMarketingConsult.com that pertains to YouTube, MegaVideo, RapidShare and other third-party website content will be ignored.

A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, or that your intellectual property rights have been otherwise violated you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail). eMarketingConsult.com will take all necessary actions to remove/delete material/links claimed to be the subject of infringing activity. Please provide the following information:

* Describe and identify the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

* A description of where the material that you claim is infringing is located within the eMarketingConsult.com site, with enough detail that we are able to locate it.

* Include your name, phone number, postal address, email address and any other company/record label information.

* Sign the document with your legal name.

* 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.

* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.Understand, upon signing this document, you claim to be the owner of the copyrighted piece that is being infringed upon or are authorized to act on behalf of the owner of the copyright or other intellectual property interest.

* A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

eMarketingConsult.com’s designated Copyright Agent to receive notifications of claimed infringement is: Meira G. Barnes, email him at meira (at) eMarketingConsult dot com.

For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to our Contact Us page. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:

* Your physical or electronic signature;

* Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

* A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

* Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the Philippines and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, eMarketingConsult.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 25 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 15 to 25 business days or more after receipt of the counter-notice, at eMarketingConsult.com’s sole discretion.

Understand that you will be held liable for damages if you falsify any activity, mislead or misrepresent yourself as the rightful copyright owner or representative thereof.

 

Revised October 17, 2008

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