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TERMS OF USE CONDITIONS & PRIVACY
DOWNLOADING MEMBERSHIP TERMS

TERMS OF USE
CONDITIONS & PRIVACY

01) Copyright
02) 
What Is Copyright?
03) 
Terms of Use, Conditions and Clarifications
04) 
Intellectual Property Notice
05) 
Can I Remove The Credit?
06) 
Downloading Images
07) 
Direct Linking
08) 
Bandwidth Theft
09) 
Image Ripping
10)
If I sign up for a Subscription, when I will get access?
11) 
Will more Flash & Templates be added?
12) 
Is Flash & Template Support Available?
13) 
Can you Change the Link In A Flash File To Point To A Specific Link for Us?
14) 
Can I Get The Backup Files For The Flash Intro?
15) 
Can I Extract Elements From the Templates & Intros?
16) 
Who Do I Contact To Report Abuse?
17) 
Is There A Minimum To The Number of Downloads I Can Get?
18) 
Can I Loan Out My User Name & Password?
19) 
Will The Site Suffer Downtime Due To Updates?
20) 
If I Sign Up For A Subscription, When Will I Get My Access Information?


1. COPYRIGHT

1.1 Copyright infringement is a serious offense.
All Last Day Warriors' material, images products and services are copyrighted. Copyright 1997-2011 Gabriel Associates, LLC.   All Rights Reserved.

                           



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2. WHAT IS COPYRIGHT?

2.1 The materials on this site are copyright-protected. Copyright is the legal protection artists are granted by the International Berne Convention. An artist holds these rights for their lifetime plus 50 years.

Last Day Warriors, (Gabriel Associates, LLC). reserves all rights to its copyrighted materials which cannot be copied or reproduced in any way, including but not limited to photocopy, e-mail, fax or printing without explicit written permission from Last Day Warriors, (Gabriel Associates, LLC).

Any printed or electronic listing data, or any other information obtained from Last Day Warriors, constitute copyrighted and proprietary information of Last Day Warriors or any third party from whom Last Day Warriors, (Gabriel Associates, LLC) has permission to display such information on the Last Day Warriors site.

It is our policy to actively prosecute anyone who infringes on our intellectual property and copyright.  If you become aware of anyone or any entity who you think is copying or reproducing or selling our intellectual property and copyrighted material, please let us know, in confidence

It is out policy to protect our intellectual property and copyrighted material and prosecute those who do not respect it. All violations will be prosecuted to the fullest extent of the law.





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3. TERMS, CONDITIONS & CLARIFICATIONS:

3.1 By utilizing, downloading, or saving any material from our site, you are stating that you have read and agree to our Terms of Use.
The graphics, intros, web sets, etc., may NOT be added to any CD, directory, listing or collection, they may NOT be distributed freely or for monetary gain. Doing so is illegal. Gabriel Associates, LLC (Gabriel Worldwide) Reserves All Rights to the intros and templates and graphics and will pursue legal action against anyone found violating this section. CD's are only sold by the Gabriel Associates. Anyone who has obtained Intros or Templates otherwise are requested to notify Gabriel Associates.

1. You are welcome to use our graphics, templates and intros on personal and non-profit use.

2. Permission is NOT granted for for our written materials, graphics, templates or intros to be used on sites that contain sexually explicit material or language, profanity, hate material (including gender, sexual orientation, ethnic, religious and/or racial slurs), child endangerment, or threats to human life.

3. The graphics, intros, websets, etc., may NOT be added to any CD, directory, listing or collection, they may NOT be distributed freely or for monitary gain. Doing so is illegal. Gabriel Associates, LLC (Last Day Warriors) Reserves All Rights to the intros and templates and graphics and will persue legal action against anyone found violating this section. CD's are only sold by the Last Day Warriors. Anyone who has obtained Intros or Templates otherwise are requested to notify the Last Day Warriors.

4. LDW credits that are noted in the flash and on the templates MUST remain in tact. Removing the credit link is a violation to our policy.




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4. INTELLECTUAL PROPERTY NOTICE

4.1 Last Day Warriors is a division of Gabriel Associates LLC 1997-2013. All Rights Reserved.


Except as specifically permitted herein, no portion of the information on or made available through this Site may be reproduced in any form or by any means without the prior written permission of Gabriel Associates. The Flash Intros and/or Templates may not to be changed, edited, or converted into another format without the expressed permission and written consent of Gabriel Associates. You cannot separate elements from a flash intro to use as a single element on a site or any other purpose. ie. Music files, images, etc. Cannot be divided or extracted from our intros. They must not be tampered with and are available for downloading "as is".


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5. CREDIT REMOVAL
5.1 Credits noted on sets, intros, images, etc. are not to be removed unless you have submitted the $25 credit removal fee for that one item. If this is a service you need, submit your request. Regardless of how you are using our material, (whether you are a professional web designer or private individual developing a personal site) our credit must be noted on all of our material.






6. DOWNLOADING MATERIAL
6.1 You must download images to your own hard drive. Linking directly to our graphics is considered bandwidth theft, and is illegal.

Do
NOT directly link to our images, templates or intros. Doing so will result in your IP being banned from our site.


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7.
DIRECT LINKING
7.1 Do not link directly to images or intros on our site! Doing so "adds to our bandwidth usage" which results in our being "charged" for bandwith usage. You must upload everything to YOUR desktop, then upload to YOUR site!



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8.
BANDWIDTH THEFT
8.1 Bandwidth theft or "hotlinking" is direct linking to a website's files (images, video, etc.). An example would be viewing a page source and "copying the html" you found on someone else's web page and inserting it into your page so the information will appear on your own site, journal, weblog, forum posting, etc.

Bandwidth refers to the amount of data transferred from a website to a user's computer. When you view a webpage, you are using that site's data transfer to display the files. Since web hosts charge based on the amount of data transferred, bandwidth is an issue. If a site is over it's monthly bandwidth, it's billed for the extra data or taken offline.

A simple analogy for bandwidth theft: Imagine a random stranger plugging into your electrical outlets, using your electricity without your consent, and you paying for it.

If it is discovered that you are stealing our bandwidth, your IP will be banned from our servers and you will no longer have access to our server or site.



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9.
IMAGE RIPPING
9.1 Extracting images, sound files or elements from our flash files and templates to create other layouts is prohibited and is a strict violation our Terms of Use. Gabriel Associates, LLC (Gabriel Worldwide) Reserves All Rights to the intros and templates and graphics and will pursue legal action against anyone found violating this section.

If you become aware of anyone or any entity who you think is copying or reproducing or selling our intellectual property and copyrighted material, or has infringed upon our Terms of Use, please let us know, in confidence


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10. SUBSCRIPTION
10.1 Origonally, we were providing people with "automatic downloads" after entering payment information. Unfortunatley, there were people using stolen credit cards to purchase these files so we had to change our routine. After payment has been successfully processed and approved, you will be sent a link to your email address providing you with directions for downloading the files. This process generally takes 24-72 hrs. after payment has been processed.



11. WILL MORE TEMPLATES AND FLASH INTROS BE ADDED?
11.1 Yes. We have files ready to be uploaded to keep the Members area from going "stagnant".



12.
IS THERE FLASH INTRO AND TEMPLATE SUPPORT AVAILABLE?
12.1 Yes. Members are offered free Flash Support. We will, at no charge, upload your flash intro or template.




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13.
CAN YOU CHANGE THE LINK TO POINT TO A CERTAIN URL FOR US?
13.1 Yes. There is a nominal fee and you may view info for Flash Changes [
here].



14.
CAN I GET THE BACK UP FILES TO MAKE CHANGES?
14.1 No. We do not send backup files, as we have found that people tend to remove the link and/or credit. If you would like the link removed you will be required to pay a $25 users fee per template and/or intro.

Except as specifically permitted herein, no portion of the information on or made available through this Site may be reproduced in any form or by any means without the prior written permission of LDW. The Flash Intros and/or Templates may not to be changed, edited, or converted into another format without the expressed permission and written consent of LDW. You cannot separate elements from a flash intro to use as a single element on a site or any other purpose. ie. music files, images, etc. cannot be divided or extracted from our intros. The flash intros and templates must not be tampered with and are available for download "as is".

If you do not understand the Terms of Use, we highly recommend for legal purposes, that you do not use our material.



15.
CAN I EXTRACT ELEMENTS FROM THE TEMPLATES AND INTROS?
15.1 Extracting images, sound files or elements from our flash files and templates to create other layouts is prohibited and is a strict violation our Terms of Use. Gabriel Associates, LLC (Gabriel Worldwide) Reserves All Rights to the intros and templates and graphics and will pursue legal action against anyone found violating this section.

If you become aware of anyone or any entity who you think is copying or reproducing or selling our intellectual property and copyrighted material, or has infringed upon our Terms of Use, please
let us know, in confidence


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16.
WHO DO I CONTACT TO REPORT ABUSE?
16.1 To report abuse and violations of our Terms of Use, you may contact us personally by telephone at: 937.233.0003 M-F from 9a to 3:30p EST.

If you find our work:

1. On sites not authorized

2. Being sold on E-Bay by an individual or company other than our own

3. Graphics extracted from our flash or template files and being used individually

If you become aware of anyone or any entity who you think is copying or reproducing or selling our intellectual property and copyrighted material, or has infringed upon our Terms of Use, please let us know, in confidence

Disclaimer

In no event shall Gabriel Associates, LLC, Last Day Warriors or other direct associates or affiliates be liable for direct, indirect, special, incidental or consequential damages arising out of the use or inability to use information, software, templates, artwork, files, bitstreams and other data found on the sites of Gabriel Associates, LLC. By accessing the Last Day Warriors site, a user agrees not to redistribute the information, files, software, templates, or artwork found therein.

Copyright 1997-2011 Gabriel Associates, LLC. All Rights Reserved.

The Gabriel Associates, LLC. holds copyright in the information available on this Web site, unless otherwise stated. Copyright in any third-party materials found on this Web site must also be respected.


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17. IS THERE A MINIMUM TO THE NUMBER OF DOWNLOADS I GET?
17.1 No. It's just that simple.



18.
CAN I LEND SOMEONE MY PASSWORD AND USE NAME TO ACCESS THE SITE?
18.1 No. Doing so is a violation of policies and will get your Membership canceld and your IP banned from the site. All IPs, & User Names that access our site are logged as well as the downloads that are made through through your User Name. This information will reveal any abuse being made.


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19.
WILL THE SITE SUFFER ALOT OF DOWNTIME DUE TO UPDATES?
19.1 We will periodically update the sites. Updates will be made per section and downtime for additional pages will be minimal.




20. IF I SIGN UP FOR A SUBSCRIPTION, WHEN WILL I RECEIVE MY ACCESS INFORMATION?
20.1 If you pay online by Credit or Debit Card, you will receive your information within 1-24 hours following your sign-up!



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These Terms and Conditions are subject to change.

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