Terms & Conditions
Last updated February 8th, 2021
Welcome to MarkAddison.com and thank you for visiting. This website (the “Site”) is owned and operated by EVENTSTYLE, LLC d.b.a. MARK ADDISON MEDIA (“us” or “we”). The Site contains original content, text, images, designs, audiovisual materials, software, information, data, advertising, brands and logos that incorporate intellectual property in which we own exclusive rights (collectively, the “Content”). Your use of the Site and the Content is subject to these terms and conditions (the “Terms and Conditions”), which form a binding and enforceable agreement between you and us.
These Terms and Conditions are intended to protect our rights so that we can provide you access to the Content on this Site. By remaining on the Site or returning to it, you agree to be bound by these Terms and Conditions.
Use of the Site
You may not use the Site in any way that is objectionable, unlawful or impairs the functioning or use of the Site by us or other users. If, in our sole discretion, you violate these Terms and Conditions, we may suspend, deny or restrict your access to the Site or any Content. Our decision whether to suspend, deny or restrict access in no way limits any other right or remedy that we may have against you. We may take any other action that we deem appropriate to protect ourselves and our users.
Under these Terms and Conditions, you agree to refrain from, among other things, use of the Site or the Content in a manner that:
- is threatening, harassing, abusive, defamatory, slanderous, fraudulent, gratuitously violent, obscene, deceptive, pornographic, libelous, harmful to minors, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful or abusive;
- infringes or misappropriates our, or a third party's, intellectual property, confidentiality, or other rights;
- violates export and re-export control laws and regulations;
- advocates or solicits violence, criminal conduct or the violation of law or the rights of any third party;
- distributes advertising or promotional content;
- compiles, uses, downloads or otherwise copies any user information or usage information (whether or not such information constitutes personally identifiable information), or that impermissibly transmits, provides or otherwise distributes such information to any third party;
- provides material support, or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources), to any organization designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate the Site or that is available through the Site;
- accesses (or attempts to access) the Site or any of the Content by any means other than through the means that we provide, including without limitation by any automated script or routine, including "robots," "spiders," "offline readers," bots, web crawlers or other means that accesses the Site or the Content in a manner that sends more request messages to servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
- interferes with or disrupts the Site (or the servers and networks which are connected to the Site), whether via malicious software or otherwise; or
- reproduces, duplicates, redisplays, frames, makes copies of, or resells the Site, or any of the Content for any purpose.
You may not use this Site to transmit unsolicited email. You may not send unsolicited email to this Site or to anyone whose email address includes the domain name used on this Site. You may not use our domain name as a pseudonymous return email address for any communications which you transmit from another location or through another service. You may not pretend to be someone else—or spoof their identity—when using this site.
You agree to act responsibly on the Site and to treat other users with respect.
Using the Site does not give you ownership of any intellectual property rights in our Content or any other content that you access. You may not use any of the Content from our Site unless you obtain permission from us, or the owner to the extent that the Content used is not ours or are otherwise permitted by law.
These Terms and Conditions do not grant you the right to use any branding or logos that appear on the Site. The EVENTSTYLE, Cocktail Chameleon, Table Chameleon, Monsalvat Farm and Mark Addison names and logos and all related product and service names, design marks and slogans are trademarks, service marks, registered trademarks or registered service marks of EVENTSTYLE, LLC and may not be used in any manner without our prior written consent. All other trademarks and service marks are the property of their respective owners. Do not remove, obscure, or alter any legal notices displayed in or along with any Content on the Site.
So that you can use and enjoy the benefits of the Site as we provide it, we grant you a limited, personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Content only as necessary to access and review material on the Site in the manner permitted by these Terms and Conditions. We reserve all other rights in the Content and you may not otherwise electronically reproduce, copy, adapt, distribute, perform or display any Content. Commercial use of any of the Content is strictly prohibited. Use of any of our trademarks as metatags on other websites also is strictly prohibited. You may not display this website in frames (or any of the Content via in-line links) without our express written permission, which may be requested by contacting us at firstname.lastname@example.org and which we reserve the right to grant in our sole discretion.
Brand Usage Guidelines
While we do not grant you a license to use our trademarks in the offering or sale of any goods or services, we invite you to factually and truthfully use our trademarks to discuss our brand. Please do not, however, use our trademarks in a way that implies partnership or affiliation with us or sponsorship or endorsement by us. Please follow these guidelines when using our trademarks:
- Avoid trademarks, company names, product or feature names, domain names, or social media handles that are confusingly similar to our marks;
- Do not use or display our word marks (such as COCKTAIL CHAMELEON or EVENTSTYLE) more prominently than your company, product, or service name;
- Always display our word marks in all capital letters;
- Do not alter our trademarks or use them as nouns or in the plural or possessive form;
- Do not use, copy, alter or imitate our logos, trade dress, color scheme, website, products, packaging, icons, marketing materials or photographs;
- All uses of the GoPro Marks must be truthful and accurate, and not likely to cause confusion as to source, affiliation or association; and
- Do not use the GoPro Marks in a damaging or derogatory way
Your Posts and Submissions
If you access the Site anonymously, you will not be required to create a user name. However, in order to access certain Content, you may be required to provide specific information and to create a user ID and password to establish an account. You agree that any information you provide in connection with establishing any account is accurate and that you will keep your information up-to-date. You are responsible for the security of all of your user names, passwords and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately of any unauthorized activity regarding any of your accounts or other breach of security. We may in our discretion suspend or terminate any of your user names and passwords at any time with or without notice.
You agree not to post or store on our Site any software, information, data, databases, music, audio, video or audiovisual files, photographs, images, documents, text, digital files or other material (“Material”) that:
- violates or infringes intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or (to the extent protectable) confidential ideas);
- violates any applicable federal, state or local law;
- is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
You hereby grant us an irrevocable, perpetual, non-exclusive, royalty free worldwide license to reproduce, adapt, distribute, perform (either publicly or by digital audio transmission) or publicly display all or any portion of any Material you post on the Site. You further represent and warrant that you own all rights to such Material.
You expressly agree that we may remove, disable or restrict access to, or the availability of, any Material from this Site (including, but not limited to, Material which you have posted or stored) that we believe, in good faith and in our sole discretion, violates these Terms and Conditions (whether or not we are in fact correct in our assessment), or which is the subject of a notification duly sent to us pursuant to the Digital Millennium Copyright Act. If you believe that we have acted mistakenly with respect to certain Material, you may contact us at email@example.com in which case we may investigate the matter further. We reserve the right, however, to take no further action. Under no circumstances may we be held liable for removing, disabling or restricting access to, or the availability of, Material.
Third-Party Content Policy & Complaint Procedures
As a matter of policy, we do not tolerate any Material posted to the Site that, in our sole discretion: infringes intellectual property rights; violates United States law; constitutes child pornography; or is obscene or defamatory. We intend to, in good faith, remove, disable or restrict access to, or the availability of, Material that, in our sole discretion, we deem infringing, racist, obscene, obscene as to minors, child pornography, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. The provisions of this section are intended to implement this policy but are not intended to impose a contractual obligation on us to undertake or refrain from any particular course of conduct.
If you believe that someone has posted Material that violates this policy (other than in cases of copyright infringement, which is addressed separately below), we ask you to promptly notify us by email at the following address: firstname.lastname@example.org. You must use this address if you want to ensure that your complaint is actually received by the appropriate person charged with investigating alleged policy violations.
In order to allow us to respond effectively, please provide us with as much detail as possible, including: (1) the nature of the right infringed or violated (including the registration numbers of any registered trademarks or patents allegedly infringed); (2) all facts which lead you to believe that a right has been violated or infringed; (3) the precise location where the offending Material can be found; (4) any grounds to believe that the person who posted the Material was not authorized to do so or did not have a valid defense (including the defense of fair use); and (5) if known, the identity of the person or persons who posted the infringing or offending Material.
By lodging a complaint, you agree that the substance of your complaint shall be deemed to constitute a representation made under penalty of perjury under the laws of the State of New York. In addition, you agree, at your own expense, to defend and indemnify us and hold us harmless against all claims which may be asserted against us, and all losses incurred, as a result of your complaint and/or our response to it.
We expect visitors to take responsibility for their own actions and cannot assume liability for any acts of third-parties which take place at the Site. By taking advantage of the Good Samaritan procedures set forth in this Section 4, you waive any and all claims or remedies that you might otherwise be able to assert against us under any theory of law (including, without limitation, intellectual property laws) that arise out of or relate in any way to the Material at this site or our response, or failure to respond, to a complaint.
You agree that we have the right (but not the obligation) to investigate any complaint received. By reserving this right, we do not undertake any responsibility in fact to investigate complaints or to remove, disable or restrict access to or the availability of Material. We support free speech on the Internet and therefore will not act on complaints that we believe, in our subjective judgment, to be deficient. If you believe that Material remains on this Site that violates your rights, your sole remedy shall be against the person(s) responsible for posting or storing it, not against us.
Digital Millennium Copyright Act (“DMCA”) Compliance
Pursuant to Title II of the DMCA, all claims alleging copyright infringement for material that you believe to be residing on our Site, system or network should be promptly sent in the form of written notice to our designated agent:
Designated Agent for DMCA Notices
Winterfeldt IP Group PLLC
1601 K St. NW, Ste. 1050
Washington, DC 20006
(the “DMCA Agent”). You may not send other notices or communications to the DMCA Agent, who is appointed solely for the purpose of receiving notices of claims alleging copyright infringement under the DMCA.
Filing a DMCA Notice
Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. § 512(c)(3)). Valid notification must be a written communication that includes all of the following elements:
- Signature of copyright owner or person authorized to act on behalf of the owner;
- Identification of copyrighted work claimed to be infringed;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, email address);
- A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.
- It is our policy that, upon receiving of a valid DMCA notice, we will remove or disable access to allegedly infringing material. There are substantial penalties for false claims (see 17 U.S.C. § 512(f) - providing sanctions for material misrepresentations of copyright infringement).
Filing a DMCA Counter-Notification
If a notice of alleged copyright infringement under the DMCA has been wrongly filed against you, you may submit a counter-notification to our DMCA Agent. Specific requirements for a proper counter-notification are set forth in the DMCA (see 17 U.S.C. § 512(g)(3)). A valid counter-notification must be a written communication that includes all of the following elements:
- A physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found, and that you will accept service of process from the complainant.
Upon receipt of a valid counter-notification, we will forward it to the original complainant who submitted the DMCA notice alleging copyright infringement. The original complainant will then have ten days to notify us that it has filed a lawsuit relating to the allegedly infringing material otherwise we will restore the removed material or cease disabling access to it.
Repeat Infringer Policy
Pursuant to Section 512 of the DMCA, it is our policy to terminate the account of any repeat copyright infringer in appropriate circumstances.
System Requirements and Data Security
You are solely responsible for obtaining, installing, and maintaining suitable equipment and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access the Site. Minimum systems requirements apply to the use of the Site and it is your responsibility to ensure your computer system complies with these requirements. You agree that you are solely responsible for maintaining the security of your computer(s) and all personal and other data, including without limitation, encryption of data. WE STRONGLY RECOMMEND THE USE (AND APPROPRIATE UPDATING) OF COMMERCIAL ANTI-VIRUS, ANTI-SPYWARE AND FIREWALL SOFTWARE. We are not responsible for back-up or restoration of your information or for any loss of or disablement of access to your information. We reserve the right to: (a) use, copy, display, store, transmit and reformat data transmitted over our network and to distribute such content to multiple servers for back-up and maintenance purposes; and (b) block or remove any unlawful content you store on or transmit to or from any of our servers. We do not guarantee the protection of your content or data located on our servers or transmitted across our network (or other networks) against loss, alteration or improper access.
Feedback, Creative Submissions and Submitted Materials
We welcome your comments, criticism and suggestions and we expect users to submit feedback, creative ideas, or materials, such as ideas for products, services, promotions, product names, technologies or processes, whether in the form of answers, questions, comments, suggestions, expressive works, plans, or otherwise ("Creative Submissions") via the Site. Nevertheless, we also need to protect our ability to pursue strategies or exploit ideas that may be the same as or similar to those Creative Submissions, but instead came from us (including, without limitation, our employees or other third parties). By transmitting, uploading, posting or submitting any Creative Submissions, you assign, or agree to assign, pursuant to these Terms and Conditions all right title and interest in any copyrights, trademarks, patents, trade secrets or other intellectual property embodied therein to us or, to the extent such an assignment is ineffective, you grant us an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, unrestricted license to use, distribute, make, exploit, practice, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display, and authorize others to do so, all such Creative Submissions in any manner whatsoever, in any medium now known or later developed, without compensation, attribution or any obligation to you or to any other person or entity. You agree that we are not under any obligation of confidentiality or restriction, express or implied, with respect to the Creative Submissions or other feedback.
By transmitting, uploading, posting or submitting any information or material using the Site (including, without limitation Creative Submissions; collectively, the "Submitted Material"), you represent and warrant that: (i) such Submitted Material is not confidential, secret or proprietary information belonging to someone else; (ii) such Submitted Material does not violate these Terms and Conditions and will not cause injury to any person or entity; and (iii) no other party has rights in the Submitted Material, in whole or in part, and that your transmission, posting, uploading or submission of the information does not violate any copyright, intellectual property right or other laws or obligations you may have to any person or entity. You agree that you shall have no recourse against us, or our licensors, successors or assigns, for any alleged or actual infringement or misappropriation of any intellectual property right in Submitted Material or any portion thereof. We are not responsible for back-up or restoration of Submitted Material or for any loss of or disablement of access to your Submitted Material. To the extent allowed by the laws in the various countries where such rights exist, you hereby waive all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as moral rights in any Submitted Material and consent to any action by us that would violate such rights in the absence of such consent.
We collect information about you that you provide to us and from cookie files. We will use this information solely for internal analysis or to contact you about offers or promotions that we sponsor. We will not knowingly provide any of this information (except in the form of aggregate statistics that do not link you or your identity to any specific information and do not identify you as a visitor to this site), to third parties unless we obtain your permission or are compelled to do so by court order. You agree to respect the privacy rights of other visitors by not publishing or harvesting email addresses obtained at this site.
This Site intended for mature adults and people under the age of twenty-one are not permitted to use or access the Site. We do not knowingly collect information from anyone under the age of thirteen.
We provide links from our Site as a convenience to our visitors. We have no control over the content posted at the sites to which the links are directed, and we make no representations about any content or material available at these locations. Links are not intended to imply sponsorship, affiliation or endorsement. If you believe that we have provided a link to a site that contains infringing or illegal content, or which makes available cracker tools or other circumvention devices, we ask that you notify us so that we may evaluate whether (in our sole discretion), to disable the link.
Violations and Indemnification
Your access privileges are subject to these Terms and Conditions. If you violate any of these Terms and Conditions, you agree that we may deny you access to the Site. You agree to indemnify, defend and hold harmless us, our affiliates and our licensors, as well as the respective officers, directors, affiliates, employees, or agents of us or any such entities, from and against all losses, expenses, damages and costs, including reasonable attorneys' and experts' fees, arising from or related to claims made by any third-party due to or arising out of (a) Creative Submissions, Submitted Material, or any other content you (or any parties who use your computer, with or without your permission) submit, post or upload to or transmit through the Site, (b) your use of the Site (or use of the Site by any parties who use your computer, with or without your permission), (c) your violation of these Terms and Conditions or your violation of any laws or regulations or the rights of another through the use of the Site (or such violations by any parties who use your computer, with or without your permission). These indemnity obligations will survive termination of your relationship with us or your cessation of use of the Site. We reserve the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. If asked to do so, you agree that you will not attempt to access this Site. Your obligation of indemnification herein shall survive termination or expiration of these Terms and Conditions.
DISCLAIMER OF WARRANTIES
IN ORDER TO PROVIDE YOU WITH FREE ACCESS TO THIS SITE, WE ARE UNABLE TO OFFER ANY WARRANTIES OR MAKE ANY REPRESENTATIONS ABOUT ANY BENEFITS OR OPPORTUNITIES WHICH YOU MAY OBTAIN ON THIS SITE. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THIS WEBSITE IS MADE AVAILABLE TO YOU “AS IS,” WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. IN ADDITION, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THIS WEB SITE WILL BE SECURE, ACCESSIBLE CONTINUOUSLY AND WITHOUT INTERRUPTION, OR ERROR FREE.
TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION AND OTHER PROVISIONS OF THESE TERMS AND CONDITIONS, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.
LIMITATION OF LIABILITY
IN ORDER TO PROVIDE YOU WITH FREE ACCESS TO THIS WEBSITE, WE ARE UNABLE TO ACCEPT LIABILITY FOR ANY CONDUCT, ACTS OR OMISSIONS OCCURRING ON THIS WEB SITE OR ANY LOSSES YOU MAY INCUR IN CONNECTION WITH YOUR USE OF, OR ACCESS TO THIS SITE. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, EVEN IF YOU CLAIM TO HAVE NOTIFIED US ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD-PARTIES.
Complete Agreement and No Representations
These Terms and Conditions constitute the entire agreement between you and us relating to your access to and use of this Site and supersede any prior or contemporaneous representations or agreements. Any rights not otherwise expressly granted by these Terms and Conditions are reserved by us. These Terms and Conditions may not be modified, either expressly or by implication, except as set forth below.
Modifications and Termination
Our employees are not authorized to modify these Terms and Conditions. They may be modified only (1) by obtaining our written consent in a notarized agreement signed by Mark Addison; or (2) as set forth below.
We may modify these Terms and Conditions or any additional terms that apply to the Site for any reason, such as to reflect changes to the law or changes to our Site. You should look at the Terms and Conditions regularly. We’ll post notice of modifications to these Terms and Conditions on this page. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new features of the Site or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms of Services, you should discontinue your use of the Site.
Dispute Resolution and Jurisdiction
This Site is hosted on servers located in New York and is intended to be viewed by residents of the United States. All disputes arising out of or relating to these Terms and Conditions (including formation, performance, breach, enforceability and validity) or our operation of this Site shall be resolved by binding arbitration in New York County, New York, pursuant to the rules of the American Arbitration Association. All such disputes shall be governed by and construed in accordance with the laws of the United States and of the State of New York as applied to transactions entered into and to be performed wholly within New York between New York residents. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms and Conditions, including, but not limited to any claim that all or any part of these Terms and Conditions is void or voidable. However, you agree that we shall be entitled to obtain preliminary injunctive relief to enforce any of the terms of these Terms and Conditions against you pending a final determination in arbitration, in which case you acknowledge and agree that any breach of these Terms and Conditions will result in irreparable damages to us, our remedy at law will be inadequate, that we will be able to seek such injunctive relief in addition to any other right or remedy that we may have at law or equity, and that we may do so without posting any form of bond or security.
These terms control the relationship between you and us. They do not create any third-party beneficiary rights except as to the obligations of indemnity set forth herein. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If any portion of these Terms and Conditions are ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of these Terms and Conditions as possible.