Revised February 2009
Dann Stayskal, the publisher of Fragmented Zen ("Fragmented Zen") authorizes you ("user") to view and download the materials on this site ("the online materials"), pursuant to the policies outlined herein. Upon your breach of these policies, your authorization to view and download the materials on this site is revoked, and your IP, IPs, or ISP may be blocked to prevent abuse of service. Such a breach of policy would not inhibit your rights to use the materials at this site under the Creative Commons license, but would necessarily inhibit your ability to view or download the materials on this site.
You agree to obey all applicable laws and regulations for the duration of your use of the online materials, and agree that you shall not:
Links to other websites and references to products or services offered by third parties do not constitute an endorsement or approval of the terms, notices, practices, policies, or any other agreements users may enter into by way of links from this site to any other site, the organizations that operate such sites, or the products and services offered, and Fragmented Zen assumes no responsibility for your use of the products and services offered by those sites.
Such links are provided for convenience and informational purposes only, and do not constitute an assumption of liability for your use of them, which you agree and acknowledge shall be at your own risk.
All material on Fragmented Zen is copyright © 1998–2008 by Dann Stayskal unless otherwise mentioned, and is available for derivative use under a Creative Commons Attribution-Non Commercial-Share Alike 3.0 U.S. License. This license authorizes you to build upon the material published here, so long assource attribution is maintained back to Dann Stayskal, so long as the derivative works are non-commercial, and so long as derivative works are made available under compatibly open license. This is a summary of the legal text of the license as it pertains to the materials on this site. For a full copy of the Creative Commons By-NC-SA 3.0 US license, please visit:
http://creativecommons.org/licenses/by-nc-sa/3.0/us/Dann Stayskal owns the trademarks, logos and service marks displayed on this website, unless otherwise mentioned. These may not be used without attribution. "Fragmented Zen," "fragmentedzen.com," and any other identifying marks of Fragmented Zen are and shall remain the exclusive trademarks, trade names, and exclusive property of Dann Stayskal, and any unauthorized use of these marks is unlawful. Other trademarks on this website are the property of their respective owners. All content on this website, including but not limited to the layout, text, design, graphics, documentation, and interfaces, unless otherwise noted, is copyrighted property of Dann Stayskal and protected by national and international copyright law.
Any rights not expressly granted to the user through these Terms of Service or the Creative Commons license are reserved by Dann Stayskal.
I strive to comply with all intellectual property laws and handle efficiently and effectively any and all notices of claimed infringement, including but not limited to those related to the Digital Millennium Copyright Act. If you believe that your work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:
All notices of copyright infringement should be written in English and sent via certified mail to:
Fragmented Zen Compliance
c/o Dann Stayskal
1648 Campus Drive, #130
Hurst, Texas 76054
United States of America
I take privacy protection seriously. Fragmented Zen has commercially reasonable security measures including regular reviews, upgrades, and backups in place to protect against loss, misuse, and alteration of the information under our control submitted by users, however in no event will any personal information provided to Fragmented Zen by user create or constitute a fiduciary or contractual obligation on the part of Fragmented Zen or Dann Stayskal, be deemed or construed confidential, or result in any form of liability in the event that such information is inadvertently released or accessed by third parties without consent.
Fragmented Zen uses your Internet Protocol ("IP") address and browser information to diagnose issues with and balance the load on our servers and networks, to tailor our services to be as widely accessible as possible, and to gather broad demographic information. Some services require registration, which requires users to give us contact information. Users may also optionally provide demographic information, but this is not mandatory. I use demographic data to plan and prioritize the development of new services. From time to time, this information may be shared with advertisers and other parties, but only on an overall, non-identifying, aggregate basis. We never sell, give, lease, sublet, share, or otherwise disclose any specific personal information collected on our site, except as required by law or to complete a financial transaction as requested by the user.
Loading the Fragmented Zen website will issue you a cookie to track you through the site and maintain authentication. This site does not use this cookie for any other purpose.
The transmission of data or information over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, neither Fragmented Zen nor Dann Stayskal assumes any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with Fragmented Zen, including but not limited to those which may contain your personal information.
Fragmented Zen is not structured to attract children. Consequently, we do not intend to collect personal information from anyone we know to be considered a child under the jurisdiction set out in the "General Provisions" section.
Dann Stayskal has the right, at her sole discretion, to modify, add or remove any terms or conditions of these terms without notice or liability to you. Any change in these terms go into effect as soon as the changes have been posted to this website. Dann Stayskal reserves the right, at its sole discretion, to add, remove, modify, disable or discontinue any part or all of this website or the services offered or any information contained therein without liability or notice to you.
The failure of Dann Stayskal to insist on or enforce user's strict compliance with any of the terms, covenants, or conditions listed herein shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.
If any provision in this document is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue full force without being impaired or invalidated in any way.
These terms, policies, and legal notices shall be governed by and construed in accordance with the laws of the United States of America, State of Texas, County of Tarrant, and City of Hurst applicable therein, without regard conflict of legal provisions thereto. The parties of these terms, policies, and legal notices consent to the exclusive jurisdiction of the courts of, and venue and situs in Hurst, Texas, The United States of America.
For any breach of the terms of these terms, user's exclusive remedy, and Dann Stayskal's sole liability shall be re-performance of the services for compensation under the terms of the contract by which services were provided. In order to receive remedies, deficiencies in the services must be reported to Dann Stayskal in writing via certified mail to the following address, postmarked within seven (7) calendar days of completion of those services:
Fragmented Zen Remedy of Services
c/o Dann Stayskal
1648 Campus Drive, #130
Hurst, Texas 76054
United States of America
Please report any violations of these terms to dann@stayskal.com.
The author of this website is not a lawyer, and no material on this website constitutes legal advice. If you need legal advice, contact a lawyer. Furthermore, no material on this site constitutes a recommendation to buy, sell, or hold any financial instrument.
THE MATERIALS AND SERVICES AT THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND EITHER, EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, OPERABILITY, INTEROPERABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY OR INTELLECTUAL PROPERTY RIGHTS, NOR IS ANY WARRANTY PRESENTED THAT CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS AND NETWORKS POWERING FRAGMENTED ZEN WILL BE FREE OF BUGS OR VIRUSES, AND IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL FRAGMENTED ZEN, DANN STAYSKAL, OR THEIR AFFILIATED COMPANIES, OFFICERS, PRINCIPLES, AGENTS, DIRECTORS AND EMPLOYEES OF ANY OF THE FOREGOING, BE LIABLE TO ANY OTHER PARTY HERETO IN ANY ACTION OR CLAIM FOR ANY GENERAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS OR SERVICES PRESENTED ON THIS SITE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, DATA BEING RENDERED INACCURATE, LOSSES SUSTAINED BY YOU OR THIRD PARTIES, LOSS OF PROFITS OR ANTICIPATED PROFITS, LOSS OF GOODWILL, INJURY TO REPUTATION, LOSS OF OPPORTUNITY, BUSINESS INTERRUPTION, TECHNICAL MALFUNCTION, LOSS OF INFORMATION, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER THE ACTION IN WHICH RECOVERY OF DAMAGES IS SOUGHT IS BASED ON CONTRACT, TORT (INCLUDING SOLE, CONCURRENT OR OTHER NEGLIGENCE AND STRICT LIABILITY), BREACH OF WARRANTY, EITHER EXPRESSED, IMPLIED, STATUTE OR OTHERWISE, OR ANY OTHER FORM OF ACTION, EVEN IF FRAGMENTED ZEN, DANN STAYSKAL, USER, OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE FULL EXTENT PERMITTED BY LAW.
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