Mark L Cowden
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Mark L Cowden

Terms of Use

By using this website, you agree to the following

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Terms of Use

In using this website you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “marklcowden.com”, “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.  “Members” refers to privileged individuals who have been issued with a password from our Company, which allows access to areas of this Website which are not accessible to the general public.  Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Privacy Statement
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only, use information collected from individual visitors, if any, for statistical purposes. We constantly review our systems and data to ensure the best possible service to our visitors.
Confidentiality
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection and response to messages sent to us via our contact form under the “Connect” link of this website.
Disclaimer
Exclusions and Limitations

The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
§   excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
§   excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
Log Files
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links to this website
You may create a link to the “Home” page of this website, “www.marklcowden.com”, providing you do not use any trademarked logos or images which are under copyright to do so.  When you create a link to this website from your homepage, you agree to not portray this website or its contents in a negative light and you agree to disable any links to our website immediately upon our request.  We may request that you disable any such links at any time without warning or cause.  If you do create a link to this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.  We do not allow framing.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Members
If you are an associate of ours who has been issued with a password which enables you to access areas of our Website which are not accessible to the general public, by using this password and gaining access, you agree to these terms and conditions as well as additional terms as stated below:
Confidentiality:  You agree that any text, video media, audio media, or any other information contained in areas of our Website which are not accessible to the general public, are considered confidential.  This information may not be copied, saved, recorded or duplicated under any circumstances and the contents of such areas of our Website may not be disclosed or discussed with anybody without our prior written consent.  We do grant you permission to discuss this information to relevant individuals within your company and any agents who may be working with you in regards to the development of the information in the confidential areas of this website, however, you must inform us of the identity of these individuals, prior to the disclosure of information, and they must agree to these terms and conditions prior to reviewing the information contained in these areas of our Website.
Password:  You agree to keep your password safe and not share it with anybody without our prior written consent.  You acknowledge that your membership, password, and access to our Websites “Member” areas, may be cancelled and revoked at any time, without prior warning or cause.  You agree to inform us immediately of any breach of our security, in the event of, but not limited to, other individuals gaining access to our Website from your computer or by using your password without our prior, written consent.
Compensation:  You agree that us providing you with a password and granting you access to our Member areas of our Website, in no way constitutes an obligation by us to work solely with you or your company in developing our ideas or television formats and that any financial arrangement or other legal obligation from us to you, must be stated, agreed to, and signed, on an additional written agreement.  
Waiver:  By accepting a password and visiting the confidential areas of this website which are not accessible to the general public, you hereby waive all rights to pursue legal action against us for any information which is similar to any ideas or television formats which you or your company may be currently developing or has previously developed.  You agree that any similarities are purely coincidental and that no compensation may pursued or awarded from our Company to you, your company, your agents or any talent associated with your company.  By visiting the confidential areas of this website, you agree that you, your company, your agents, talent or anybody associated with your company, may not under any circumstances, use any information or ideas contained in these areas, for any of your own projects, television formats, books, motion pictures, audio productions, or any other current or future endeavours, without our expressed written consent and you agree that any breach of this agreement will result in our Company taking legal action against you by laws governed by the City of Los Angeles, California, in the United States of America.
Copyright Notice
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
Individual logos, whether by this company or any third party organization which may be featured on this website are registered trademarks of those companies in the United States and other countries. The brand names and specific services of this and other companies featured on this web site are trade marked.
Communication
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Connect link on our website.
Force Majeure Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
General
The laws of The United States of America govern these terms and conditions. By accessing this website and using our services, you consent to these terms and conditions and to the exclusive jurisdiction of the City of Los Angeles, California Courts, in all disputes arising out of such access and agree that any legal disputes arising from this agreement, will be settled in these courts under this jurisdiction.  If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.
Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis

These terms and conditions form part of the Agreement between the Client and ourselves.  Your accessing of this website and/or using its services, indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.   

© MARKLCOWDEN.COM 2011-2019

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