This site (“Website” or “Site”), is a website, operated by ForMedia Inc. By using the information available through this website you agree to be bound by the terms and conditions contained herein. If you do not wish to be bound by the terms and conditions, you must leave this site immediately. Any further access from you to this site will be considered as an acceptance of the terms and conditions stated below.
This site may modify this agreement at any time and such modification shall be effective immediately upon posting of the modified agreement on the website. You agree to be bound to any changes to this agreement when you use this site after any such modification is posted. It is therefore important that you review these Terms and Conditions regularly to ensure you are updated with the changes.
Intellectual Proprietary Rights
The Services and all material published on the Site, including, but not limited to text, photographs, video, text, graphics, music, images, animations, audio, text, “applets” incorporated into the software, data, sounds, messages, comments, ratings, and other materials on the Site(together “Content”) is owned by ForMedia Inc. or has permission to use this content or its licensors and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights.
All trademarks, service marks, trade names, and trade dress appearing on the Sites (“Marks”) are proprietary to the source and/or our licensors or licensees. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the Marks, the Content or the Services, in whole or in part, without ForMedia Inc.’s prior written consent. You may download Content for your personal, non-commercial use only as provided in these Terms, or as may be otherwise permitted by ForMedia Inc. from time to time, provided that do not alter any such Content and you keep intact all copyright and other proprietary notices and you do not use the Content in any way that would express or imply an association between you and the products and services of ForMedia Inc. or any third party. You acknowledge that you do not acquire any ownership rights in any Content downloaded from our site. Copying or storing of Content for other than personal use is expressly prohibited without prior permission from us or the owner of the Content. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ForMedia Inc. without express written consent. You may not use any Meta tags or any other “hidden text” utilizing ForMedia Inc.’s name or trademarks without the express written consent of ForMedia Inc. You may not use any ForMedia Inc. logo or other proprietary graphic or trademark as part of the link without express written permission. If you engage in any uses not permitted by these Term, all permissions or licenses granted by ForMedia Inc. in these Terms shall automatically terminate.
No Other License Granted. Except for allowing you to use the Service for your personal use as set forth in the paragraph above, when you use the Service, you are not receiving a license or any other rights from ForMedia Inc., including intellectual property or other proprietary rights of ForMedia Inc. or its affiliated partners. You understand that you have no rights to the Services or any other ForMedia Inc. property except as we indicate in these Terms.
Digital Millennium Copyright Act (“DMCA”) Notice
In accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act.
ForMediaInc. has adopted and implemented a policy for addressing claims of copyright infringement, and for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright. Further, we reserve the right to terminate, discontinue, suspend and/or restrict the ability to visit and/or use the Service or remove, edit, erase or disable any User Content on the practicalsmart website which allegedly infringes another person’s copyright. It is out policy to terminate the access of repeat offenders. We are under no obligation to, and do not, scan content posted for any violations of third party rights, however, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party’s copyright to remain on the History Garage website or the Service. If you believe any materials on the website Applications or the Services infringe a copyright, you should provide us with written notice that at a minimum contains an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
1. a description of the copyrighted work or other intellectual property that you claim has been infringed;
2. a description of where the material that you claim is infringing is located on the Site;
your address, telephone number, and email address;
3. 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; and,
4. 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 the copyright or intellectual property owner’s behalf.
If there is a claims of copyright or other intellectual property infringement you can email [email protected] or by mailing: ForMedia Inc. 1804 Garnet Ave #387 San Diego, CA 92109
You represent and warrant that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Services in accordance with these Terms.
Your Conduct On This site
You alone are responsible for your conduct on this site. Without limitation to the foregoing, you agree that you will not use this site to take any of the following actions:
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
Publish, post, upload, e-mail, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content.
Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, this site, any software or hardware, or telecommunications equipment.
Advertise or offer to sell any goods or services for any commercial purpose unless you have written consent from ForMedia Inc. to do so.
Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters.
Download any file that you know or reasonably should know cannot be legally obtained in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material.
Restrict or inhibit any other user from using and enjoying any public area within ForMedia Inc. websites.
Collect or store personal information about other end users.
Interfere with or disrupt the website, servers, or networks.
Impersonate any person or entity, including, but not limited to, this site’s representatives, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through this site or to manipulate your presence on this site.
Take any action that imposes an unreasonably or disproportionately large load on this site’s infrastructure.
Engage in any illegal activities.
Unauthorized access to this site is a breach of these Terms and a violation of the law. You agree not to access this site by any means other than through the interface that is provided by us for use in accessing the site.
The content offered in its print and electronic publications (“Content”) and the Services offered are intended for your personal, noncommercial use in accordance with these Terms. You agree that you will not, unless specifically permitted by us (i) copy, display or distribute any part of the Content in any medium, without ForMedia Inc.’s prior written consent, or (ii) alter or modify any part of any contents other than as may be reasonably necessary to use the site for their intended purpose. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute Content or to manipulate the Site or our Services.
Use of this site is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of this site.
Third-party sites, products, and Services
You acknowledge that chats, postings, conferences and other communications by users are not controlled or endorsed by ForMedia Inc., and such communications shall not be considered reviewed, screened or approved by ForMedia Inc. User Content, including statements made in public forums, reflect only the views of their authors. ForMedia Inc. specifically disclaims any liability with regard to the User Content and any actions resulting from your participation in any Communication Services.
The information, services and products available to you on this Website may contain errors and is subject to periods of interruption. While we do our best to maintain the information, services and products it offers on this website, we cannot be held responsible for any errors, defects, lost profits, or other consequential damages arising from the use of this website.
ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THE SITE, OR OBTAINED FROM A SITE TO WHICH THE HISTORY GARAGE SITES ARE LINKED IS AVAILABLE ON THIS WEBSITE “AS IS,” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM THE USE OR PERFORMANCE OF THIS WEBSITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE WEBSITE.
You agree to indemnify and hold us, our officers, directors, owners, agents and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the website, the violation of these terms and conditions by you, or the infringement by you, or other user of the message boards using your computer, of any intellectual property or other right of any person or entity. We reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
We reserve the right, in our sole discretion, to suspend, modify, add or erase, at any time, parts of the web content. Moreover, we have the right to modify the terms of the present Agreement, at any time and without prior warning. You are to verify the agreement from time to time, because you acknowledge that you are subject to the modifications as soon as they are posted on the web. If at any moment, some services provided by us can be subject to other terms than these stated above, we shall post a visible announcement on the website, regarding the specific regulations for that matter.
These terms and conditions shall be governed by and construed in accordance with the laws of California. In the event that any portion of these terms and conditions is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the messages contained on the website, or the use of the website, must be filed within one year after such claim or cause of action arose.
You can contact us by emailing support AT practicalsmart DOT com