This web site at 3rdActMagazine.com is owned and operated by Oshi Publishing, LLC
Below is the Internet Web Site Agreement (the “Agreement”) between you and Oshi Publishing LLC. (defined herein as “OP” or “Oshi Publishing”) with a principal place of business at 81 Canal Lane, Brinnon, WA 98320. Use of this web site at www.3rdActMagazine.com, and/or any other web sites owned and/or controlled by OP, including other forums contained therein (collectively the “Web Site”) signifies your agreement to the terms and conditions of use set forth below in the Agreement. You acknowledge that you have read the terms and conditions of use and that you accept the terms. You agree to read these terms and conditions of use carefully before using this Web Site. If you do not agree to these terms and conditions of use, you may not access or otherwise use the Web Site.
2. The Web Site is protected by copyright pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the Web Site are only for your personal, non-commercial use. All materials contained on the Web Site are protected by copyright, and are owned or controlled by Oshi Publishing or the party credited as the provider of the content. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on the Web Site. You may download and make a copy of the content and other downloadable items displayed on this Web Site for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such content. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Oshi Publishing or the copyright holder identified in the individual content’s copyright notice.
a.) To request permission to reproduce copyrighted material from our print or online editions in ways not addressed by the above, or to ask general questions about our reprint policies, e-mail us (preferred) or contact:
3rd Act Magazine Editor
Address: 81 Canal Lane, Brinnon, WA 98320
Please include the following information along with your request:
• your name, organization, address, phone number and e-mail (fax optional)
• title and author of the article, or photographer’s name and a description of the illustration or photo
• the name and date of our publication in which the item appeared and URL where located
• description of how you plan to use the item
• media in which you plan to use the item. Please be specific as to format. (e.g., Print: book, magazine, photocopies; Electronic: Internet, intranet, e-book, CD-ROM, DVD; Audio/visual, etc.)
• the length of time you want to use the item (e.g., how long will the edition be in print?)
• the circulation or number of copies you want to make or the anticipated viewership
• the price you intend to charge for your product or publication
• the date of your event, or the deadline date for your publication
• any other information which might be helpful to us in considering your request, including your proposal for a reuse fee in light of your project budget and comparable fee quotes from copyright owners
b.) A Note to Bloggers: Oshi Publishing appreciates the growing blogging community and wants to be part of the conversation.
Oshi Publishing has articles with “permanent” URLs and are freely available to be read on our site without needing to pay or log in. Therefore, we ask that bloggers link to articles on www.3rdActMagazine.com, rather than reproducing them on your blog. You may reproduce the first 50 words from an article as an introduction to the link to that article without needing further permission from us. Please do not take images from our site.
1. Oshi Publishing may change, suspend or discontinue any aspect of the Web Site at any time, including the availability of any Web Site feature, database, or content. Oshi Publishing may also impose limits on certain features and services or restrict your access to parts or the entire Web Site without notice or liability.
2. You represent, warrant and covenant that: (a) you will not upload, post or transmit to or distribute or otherwise publish through the Web Site any materials which (i) restrict or inhibit any other user from using and enjoying the Web Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old.
3. You hereby agree to indemnify, defend and hold OP, Oshi Publishing and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorney’s fees and costs. You will cooperate as fully as reasonably required in the defense of any claim. Oshi Publishing reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not in any event settle any matter without the written consent of Oshi Publishing.
4. The Web Site contains links and pointers to the other related World Wide Web Internet sites and resources. Links to and from Web Site to other third party sites, maintained by third parties, do not constitute an endorsement by, Oshi Publishing of any third party resources, or their contents.
5. Oshi Publishing does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Web Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information is at your sole risk. Users accessing the Web Site should exercise their own care, skill and diligence with respect to the use of the information on the Web Site. The content is not intended to be a substitute for professional medical, financial or legal advice, diagnosis, or treatment. Always seek medical advice for any questions regarding a medical condition. Oshi Publishing reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Web Site.
6. Oshi Publishing does not and cannot review all materials posted to the Web Site by users, and Oshi Publishing is not responsible for any such materials posted by users. However, Oshi Publishing reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Oshi Publishing’s sole discretion are objectionable or in violation of this Agreement.
7. The Web Site, including all content, software, functions, materials and information made available on or accessed through the Web Site, is provided “as is.” To the fullest extent permissible by law, Oshi Publishing and its subsidiaries and affiliates make no representation or warranties of any kind whatsoever for the content of the Web Site or the materials, information and functions made accessible by the software used on or accessed through the Web Site, for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the Web Site or any linked site. Further, Oshi Publishing and its subsidiaries and affiliates disclaim any express or implied warranties, including, without limitation, non-infringement, merchantability or fitness for a particular purpose. Oshi Publishing does not warrant that the functions contained in the Web Site or any materials or content will be uninterrupted or error free, that defects will be corrected, or that the Web Site or the server that makes it available is free of viruses or other harmful components. Oshi Publishing and its subsidiaries and affiliates is not liable for the use of the Web Site, including, without limitation, the content and any errors contained in the content.
11. By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to the Web Site, you agree to grant to Oshi Publishing a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You waive all rights to any claim against Oshi Publishing for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
12. Oshi Publishing may offer certain features and services that are available to you via your mobile and wireless devices. Oshi Publishing is free to use; however, the usage will contribute to the data usage and fees may be charged by your carrier for your mobile and/or wireless device. Fees and charges may appear on your bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain features and/or there may be certain features that are not compatible with your carrier or mobile or wireless device.
13. You acknowledge that transmission to and from this Web Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Oshi Publishing, no confidential, fiduciary, contractually implied or other relationship is created between you and Oshi Publishing other than pursuant to this Agreement.
14. This Agreement is governed by and construed in accordance with the laws of the state of Washington, without regard to conflicts of laws provisions. The appropriate state or federal court located in the state of Washington will have exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement.
15. This Agreement constitutes the entire agreement between Oshi Publishing and you with respect to your use of the Web Site. Any cause of action you may have with respect to your use of the Web Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement will continue in full force and effect. Oshi Publishing reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
In an effort to protect the rights of copyright owners, OP/Oshi Publishing maintains a policy for the termination, in appropriate circumstances, of any information or users of this Web Site who are repeat infringers. If you believe any materials accessible on or from this Web Site infringes your copyright, you may request removal of those materials (or access thereto) from this Web Site by contacting OP’s Copyright Agent (identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative. OP’s agent for copyright issues relating to this Web Site is as follows:
Victoria Starr Marshall
Oshi Publishing, LLC
81 Canal Lane
Brinnon, WA 98320