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Disclaimers | Notice and Agreement | Copyrights
Notice & Agreement for davidlacava.com, davelacava.com, eatabag.com, retrodav.com, retrodave.net, retrodavid.com, killersausage.com, killersausage.net, killersausage.org, blobbyist.com, and blobbyist.net
NOTICE AND AGREEMENT
These websites are owned and operated by David La Cava, Creative & Marketing Director, solely to provide educational information and entertainment. No creative advice or marketing advice and no creative, marketing or other services are being offered or provided by your use of these sites or any information they may contain. Neither your use of these sites nor any information they may contain is a substitute for professional creative or marketing representation or creative or marketing advice. DAVIDLACAVA.COM, DAVELACAVA.COM, EATABAG.COM, RETRODAV.COM, RETRODAVE.NET, RETRODAVID.COM, KILLERSAUAGE.COM, KILLERSAUSAGE.NET, KILLERSAUSAGE.ORG, BLOBBYIST.COM, and BLOBBYIST.NET may provide links to other organizations as a service to the users of these websites. David La Cava is not responsible for the information provided in any other website.
By proceeding to use these Websites, you hereby acknowledge that you have had the opportunity to read and understand all of the information contained in this Notice and Agreement on this page and continuing on the Agreement page and which information is incorporated herein by this reference, and which includes rights, duties and your obligations with respect to, without limitation, all Marks and Property Rights, reserved rights of David La Cava, and the other terms and conditions of your use of these Websites. Do not proceed unless you are agreeing to be bound to all of these terms and conditions.
AGREEMENT
Marks and Property Rights
David La Cava is the sole and exclusive owner of all commercial merchandising and allied rights relating to the use of David La Cava's name, likeness, signature, voice or photographs.
David La Cava is the sole and exclusive owner of all commercial merchandising and allied rights relating to the use of the BLOBBYIST name and BLOBBYIST™ mark.
David La Cava is the sole and exclusive owner of all commercial merchandising and allied rights relating to the use of CREATIVE WORKS including, without limitation: artwork, designs, packaging, signage, or photographs created by or a copyright or a trademark of David La Cava unless otherwise specified by David La Cava.
David La Cava is the sole and exclusive owner of all commercial merchandising and allied rights relating to the use of the DAVID LA CAVA | CREATIVE ™ mark and DL BOX™ mark.
David La Cava is the sole and exclusive owner of all commercial merchandising and allied rights relating to the use of the KILLER SAUSAGE name, KILLER SAUSAGE™ mark and KILLER SAUSAGE™ banner.
The name DAVID LA CAVA, and all related rights, has great economic value associated with the substantial goodwill, high respect, dignity and popular image DAVID LA CAVA holds with the public, both nationally and internationally. Authorized uses of the DAVID LA CAVA name and related rights are granted by David La Cava solely pursuant to license agreements with licensees which only David La Cava has the right to select and grant.
The BLOBBYIST name and BLOBBYIST™ mark, and all related rights, have great economic value associated with them, both nationally and internationally. Authorized uses of the BLOBBYIST name and BLOBBYIST™ mark and related rights are granted by David La Cava solely pursuant to license agreements with licensees which only David La Cava has the right to select and grant.
CREATIVE WORKS including, without limitation: artwork, designs, packaging, signage, or photographs created by or a copyright or a trademark of David La Cava, and all related rights, have great economic value associated with them, both nationally and internationally. Authorized uses of the CREATIVE WORKS including, without limitation: artwork, designs, packaging, signage, or photographs created by or a copyright or a trademark of David La Cava and related rights are granted by David La Cava solely pursuant to license agreements with licensees which only David La Cava has the right to select and grant.
DAVID LA CAVA | CREATIVE™ mark and DL BOX™ mark, and all related rights, have great economic value associated with them, both nationally and internationally. Authorized uses of the DAVID LA CAVA | CREATIVE™ mark and DL BOX™ mark and related rights are granted by David La Cava solely pursuant to license agreements with licensees which only David La Cava has the right to select and grant.
The KILLER SAUSAGE name, KILLER SAUSAGE™ mark and KILLER SAUSAGE™ banner, and all related rights, have great economic value associated with them, both nationally and internationally. Authorized uses of the KILLER SAUSAGE name, KILLER SAUSAGE™ mark and KILLER SAUSAGE™ banner and related rights are granted by David La Cava solely pursuant to license agreements with licensees which only David La Cava has the right to select and grant.
Use by DAVIDLACAVA.COM, DAVELACAVA.COM, EATABAG.COM, RETRODAV.COM, RETRODAVE.NET, RETRODAVID.COM, KILLERSAUAGE.COM, KILLERSAUSAGE.NET, KILLERSAUSAGE.ORG, BLOBBYIST.COM, and BLOBBYIST.NET
Names, logos, trademarks, or other protected property rights appearing on these sites including, without limitation: (i) DAVID LA CAVA | CREATIVE™ mark, (ii) DAVID LA CAVA name, (iii) DL BOX™ mark, (iv) KILLER SAUSAGE name, (v) KILLER SAUSAGE™ mark, (vi) KILLER SAUSAGE banner, (vii) BLOBBYIST name are all Property rights owned exclusively by David La Cava and protected from any unauthorized use by any other party under California and federal registration laws and are used here by express licensed authorization granted to DAVIDLACAVA.COM, DAVELACAVA.COM, EATABAG.COM, RETRODAV.COM, RETRODAVE.NET, RETRODAVID.COM, KILLERSAUAGE.COM, KILLERSAUSAGE.NET, KILLERSAUSAGE.ORG, BLOBBYIST.COM, and BLOBBYIST.NET by David La Cava.
All Rights Reserved
All rights of David La Cava are hereby reserved and no use by others of any such rights is authorized or is to be implied from use of these rights in these websites.
Disclaimer of Warranty
David La Cava makes no representation or warranty regarding any information provided by David La Cava or any other party in these websites.
Any user of these websites expressly agrees that any information contained in these websites is solely for educational and entertainment purposes, that use of any such information should be made only after consultation and advice to make such use by a competent creative or marketing representative, and is at user's sole risk. Neither David La Cava, or his affiliates, nor any of their respective employees, agents, third-party content providers or licensors, warrants that these websites use will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of any information contained in these websites.
Additional Disclaimer
Noone and no organization has certified any person identified here as a specialist or as an expert. Anyone considering a specialist or expert should independently investigate the person's credentials and ability.
Transmission of the information on DAVIDLACAVA.COM, DAVELACAVA.COM, EATABAG.COM, RETRODAV.COM, RETRODAVE.NET, RETRODAVID.COM, KILLERSAUAGE.COM, KILLERSAUSAGE.NET, KILLERSAUSAGE.ORG, BLOBBYIST.COM, and BLOBBYIST.NET is not intended to create, and receipt does not constitute, a business, client or personal relationship. Internet subscribers and online readers should not rely upon the transmission of an e-mail message to David La Cava through these websites to create a business, client or personal relationship. Internet subscribers and online readers should not act upon any information in these websites without first consulting counsel of their own directly.
The information in these websites is not provided in the course of a business, client or personal relationship and is not intended to constitute creative or marketing advice or to substitute for obtaining creative or marketing advice from a creative or marketing specialist.
Copyright
All materials on these websites are protected by copyright held by David La Cava unless otherwise stated. ©1999-2010 David La Cava. All Rights Reserved.
Terms and Condition of Use
Please read these terms and conditions of use carefully before using these websites. By using these websites, you signify your acknowledgement of the intellectual property rights and other information set forth hereinabove, your assent to these terms of use of these sites and of the limitations placed on any use you may make of the information discussed or described in these websites as described herein. If you do not agree to these terms of use, please do not use these websites. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of DAVIDLACAVA.COM, DAVELACAVA.COM, EATABAG.COM, RETRODAV.COM, RETRODAVE.NET, RETRODAVID.COM, KILLERSAUAGE.COM, KILLERSAUSAGE.NET, KILLERSAUSAGE.ORG, BLOBBYIST.COM, or BLOBBYIST.NET following the posting of changes to these terms will mean you accept those changes.
Restrictions on Use of Materials
No material from DAVIDLACAVA.COM, DAVELACAVA.COM, EATABAG.COM, RETRODAV.COM, RETRODAVE.NET, RETRODAVID.COM, KILLERSAUAGE.COM, KILLERSAUSAGE.NET, KILLERSAUSAGE.ORG, BLOBBYIST.COM, or BLOBBYIST.NET or any website(s) owned, operated, licensed, or controlled by David La Cava may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and for no other uses whatsoever. Modification of the materials or use of the materials for any other purpose is a violation of David La Cava's copyright and other proprietary rights including, without limitation, David La Cava's property rights described hereinabove. For purposes of these terms, the use of any such material on any other website(s) or networked computer environment(s) is prohibited.
Jurisdictional Issues
Unless otherwise specified, the materials in these websites are presented solely for the purpose of education and entertainment. This site is controlled and operated by David La Cava from servers located within the State of California, United States of America. David La Cava makes no representation that materials in these websites are appropriate or available for use in other locations. Those who choose to access these sites 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.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DAVID LACAVA, DAVIDLA CAVA.COM, DAVELACAVA.COM, EATABAG.COM, RETRODAV.COM, RETRODAVE.NET, RETRODAVID.COM, KILLERSAUAGE.COM, KILLERSAUSAGE.NET, KILLERSAUSAGE.ORG, BLOBBYIST.COM, or BLOBBYIST.NET BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE INFORMATION DISCUSSED OR DESCRIBED IN THESE WEBSITES, EVEN IF DAVID LACAVA, DAVIDLA CAVA.COM, DAVELACAVA.COM, EATABAG.COM, RETRODAV.COM, RETRODAVE.NET, RETRODAVID.COM, KILLERSAUAGE.COM, KILLERSAUSAGE.NET, KILLERSAUSAGE.ORG, BLOBBYIST.COM, or BLOBBYIST.NET OR THEIR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL DAVID LACAVA, DAVIDLA CAVA.COM, DAVELACAVA.COM, EATABAG.COM, RETRODAV.COM, RETRODAVE.NET, RETRODAVID.COM, KILLERSAUAGE.COM, KILLERSAUSAGE.NET, KILLERSAUSAGE.ORG, BLOBBYIST.COM, or BLOBBYIST.NET'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THESE WEBSITES.
Other
These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
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