Matthew Wayne Selznick

Basic Terms

• You must comply with these Terms of Use in order to use this site.
• You must be 13 years or older to use this site.
• Should you register as a member of this site, you must provide accurate and complete registration information, and you are responsible for any activity that occurs under your user name.
• You are responsible for keeping your password secure.
• You must not use this site to abuse, harass, threaten, impersonate, intimidate or otherwise violate the legal rights (including rights of privacy and publicity) of others.
• You must not use this site for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
• You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, or links that you submit, post, display and/or distribute on or through this site.
• You must not modify, adapt, create derivative work of, reverse engineer, or hack this site (including any of its subpages or software provided on or through this site) or modify another website so as to falsely imply that it is associated with this site or Matthew Wayne Selznick.
• You must not create or submit unwanted email to any user of this site (”Spam”).
• You must not transmit any worms or viruses or any code of a destructive nature.
• You must not, in the use of this site, violate any laws in your jurisdiction (including, but not limited to, proprietary rights and copyright laws).

Violation of any of these Terms of Services will result in the termination of your membership. While Matthew Wayne Selznick prohibits such conduct and content on this site, you understand and agree that Matthew Wayne Selznick cannot be responsible for the user-generated content on this site, and that you use the site at your own risk.

Copyrights and Licenses

Mattselznick.com, this site, and all its contents are copyright 2002, 2003, 2004, 2005, 2006, 2007, 2008 Matthew Wayne Selznick and licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License. Nothing in this license impairs or restricts the author’s moral rights. Contact Matthew Wayne Selznick for permissions beyond the scope of this license.

Derivative Works

User-created content in any media, derived from or inspired by the creative works of Matthew Wayne Selznick, is prohibited except as specifically permitted by Matthew Wayne Selznick. The user acknowledges that any content in any media derived from or inspired by the creative works of Matthew Wayne Selznick is the property of Matthew Wayne Selznick, and the user relinquishes all rights to such content.

User Content

Users are encouraged to submit comments to posts in the mattselznick.com Blog, “Scribtotum,”, post messages to the Forums, and post content to user blogs hosted by this site under the following conditions and terms:

• User content must be applicable to the linked blog post or forum message, if any. Unrelated comments of a commercial or non-commercial nature (”comment spam”) are prohibited. The IP address of comment spammers will be logged and blocked, and the internet service provider serving the comment spammer will be notified.
• Matthew Wayne Selznick reserves the right to edit user content without consulting with or notifying the originator of the content.
• Matthew Wayne Selznick reserves the right to delete user content containing defamatory, libelous, derogatory, inflammatory, or discriminatory statements. The decision as to what defines such statements is entirely based on the judgment of Matthew Wayne Selznick.
• Users are prohibited to include content in their comments for which they do not own the copyright or trademark, or for which there does not exist a license to distribute such content. Respect content creators.
• User grant Matthew Wayne Selznick and MWS Media a royalty-free, non-exclusive, perpetual license to repurpose user comments and other user content in any fashion in any media.
• The views and opinions expressed by users are not necessarily the views and opinions of Matthew Wayne Selznick.
• Users must be registered with this site and logged in to post content. See the Privacy Policy for details.

Affiliate Links

This site employs affiliate links to Amazon.com, CD Baby.com, and other retailers. These links may provide Matthew Wayne Selznick with compensation when users click on them and make a purchase. Matthew Wayne Selznick does not have access to users’ personal or financial information when purchases are made from affiliate links.

Patrons, Sponsorship and Donations

Matthew Wayne Selznick welcomes donations, gifts, and patronage from interested parties. Any monetary or material donation provided to Matthew Wayne Selznick or MWS Media by an individual, group, organization, corporation, company or other entity is considered a gift. Gifts are not tax-deductible. Gifts are not refundable or returnable.

Limitations and Exclusions

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO ONLY THE LIMITATIONS AND EXCLUSIONS BELOW WHICH ARE LAWFUL IN MATTHEW WAYNE SELZNICK’S JURISDICTION WILL APPLY TO YOU, AND MATTHEW WAYNE SELZNICK’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT OF THE LAW.

DISCLAIMER OF WARRANTIES

1. MATTHEW WAYNE SELZNICK MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, IN RELATION TO THIS SITE OR ITS SERVICES.
2. MATTHEW WAYNE SELZNICK DISCLAIMS (a) ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR AVAILABILITY OR OPERABILITY OF INFORMATION OR MATERIALS DISPLAYED ON THIS SITE OR ANY OF ITS SUBPAGES; (b) ANY AND ALL RESPONSIBILITY FOR THE CONDUCT OF ANY USER OF THIS SITE OR ANY VISITOR OF THIS SITE; (c) ANY AND ALL RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL; AND (d) ANY AND ALL RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL ON THE INTERNET THROUGH THIS SITE OR ANY OF ITS SUBPAGES.
3. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MATTHEW WAYNE SELZNICK MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR WILL IN ANYWAY MEET YOUR REQUIREMENTS OR EXPECTATIONS.

LIMITATION OF LIABILITY

1. UNDER NO CIRCUMSTANCES WILL MATTHEW WAYNE SELZNICK BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ANY LOSS OF DATA, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, THIS SITE, THE SERVICES, THE USE OF THIS SITE OR THE SERVICES, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, (i) YOUR USE OR INABILITY TO USE THIS SITE AND/OR THE SERVICES; (ii) ANY CHANGES TO OR INACCESSIBILITY OR TERMINATION OF THIS SITE AND/OR THE SERVICES; (iii) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISION OR DATA; (iv) ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR NOT RECEIVED; (v) ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THIS SITE AND/OR THE SERVICES; OR (vi) ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THIS SITE AND/OR THE SERVICES, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF TORT OR OTHERWISE, AND WHETHER OR NOT MATTHEW WAYNE SELZNICK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMIATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON MATTHEW WAYNE SELZNICK, THIS SITE AND/OR THE SERVICES, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
2. IF YOU ARE DISSATISFIED WITH THIS SITE AND/OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THIS SITE AND/OR THE SERVICES.

Indemnification

YOU AGREE TO HOLD HARMLESS AND INDEMNIFY MATTHEW WAYNE SELZNICK AND AGENTS FROM AND AGAINST ANY ACTION, CAUSE CLAIM, SUIT, JUDGMENT, DAMAGE (ACTUAL AND CONSEQUENTIAL), DEBT, DEMAND, EXPENSE OR LIABILITY (INCLUDING REASONABLE COSTS AND ATTORNEY’S FEES) OF EVERY KIND AND NATURE, ASSERTED BY ANY PERSON, ARISING FROM OR IN ANY WAY RELATED TO (i) THE cONTENT YOU SUBMIT, TRANSMIT, POST OR OTHERWISE MAKE AVAILABLE THROUGH THE SERVICES; (ii) ANY VIOLATION BY YOU OF THESE TERMS OF SERVICES; OR (iii) ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER.

Miscellaneous

These Terms of Services shall be governed by and construed in accordance with the laws of the State of California. You and Matthew Wayne Selznick agree to submit to the exclusive jurisdiction of the courts located within the county of San Bernardino, California to resolve any legal matter arising from the Terms. Notwithstanding the foregoing, you agree that Matthew Wayne Selznick shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

No waiver of any term, provision or condition of these Terms of Service in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. You agree that if Matthew Wayne Selznick does not exercise or enforce any legal right or remedy which is contained in the Terms of Service (or which Matthew Wayne Selznick has the benefit of under any applicable law), this will not be taken to be a formal waiver of Matthew Wayne Selznick’s rights and that those rights or remedies will still be available to Matthew Wayne Selznick.

These Terms of Services constitutes the complete and exclusive statement of the agreement between the parties with respect to the Site and the Services and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Site and the Services.

If any action in law or in equity is necessary to enforce the terms of these Terms of Service, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.

The provisions of these Terms of Services are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.

No provisions of these Terms of Services are intended, nor will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any user, client, customer, affiliate, or any party hereto or any other person unless specifically provided otherwise herein, and except as so provided, all provisions hereof will be personal solely between the parties to these Terms of Service; except that section labeled “Indemnification” is intended to benefit Matthew Wayne Selznick and his agents.

Matthew Wayne Selznick may assign his rights and duties under these Terms of Services to any party at any time without notice to you. You may not transfer or assign any of your rights and duties under these Terms of Service without the prior written consent of Matthew Wayne Selznick.

You agree that Matthew Wayne Selznick may provide you with any notices by e-mail, regular mail, or postings through the Site.