Terms of Use

Key Points

Your use of the website indicates your acceptance of our terms and your acceptance to be bound by them. If you do not agree to these terms, do not use this website.
2040 Vision and/or its licensors owns the intellectual property rights in the book Tales From 2040 Vol. I and the material on and connected to the 2040 Vision website.
2040 Vision owns and retains all rights in the 2040 Vision Content, the Book, and the 2040 Vision Website. 2040 Vision grants you a limited license to view, download, share, copy, distribute, transmit, and print 2040 Vision Content and/or the Book from the website under a Creative Commons Attribution-Noncommercial-No Derivatives 3.0 license, subject to the following restrictions:
- You must attribute the work in the manner specified by 2040 Vision (but not in any way that suggest that they endorse you or your use of the work).
- You may not use this work for commercial purposes.
- You may not alter, transform, or build upon the work.
See the full version of the Creative Commons license here.
When you submit content to this website, you are responsible for obtaining the rights to any content you post. By posting content, you represent you have those rights and you grant 2040 Vision the right to use your material for various purposes including, but not limited to, advertising on the 2040 Vision website (see section 4 for details).

Full Version

Please read these terms of use (Terms) carefully before using the 2040 Vision website. These Terms govern and apply to all persons who access and use (Users) the 2040 Vision domain and related service domains (the Website or 2040 Vision). By accessing or using 2040 Vision, you acknowledge that you have read these terms, understand them, and agree to be bound by the terms and conditions described herein, including 2040 Vision’s Privacy Policy. If you do not agree to all of these terms and conditions, do not use our Website.

1. Rules and Conduct

You must be 18 years or older to use this Website and/or Services.
You may not post inappropriate materials. 2040 Vision reserves the right to determine appropriateness of such material.
You are responsible for any activity that occurs under your user name. You are responsible for keeping your password secure.
You may not impersonate another person or represent yourself as affiliated with 2040 Vision or 2040 Vision’s staff.
You must not abuse, harass, threaten, impersonate, or intimidate other 2040 Vision Users.
You may not use URLs in your username or posts without consent from 2040 Vision.
You may not use the 2040 Vision Services for any illegal or unauthorized purpose. International Users agree to comply with all local laws regarding online conduct and acceptable content.
You are responsible for verifying the safety, suitability, and functional state of any items or services given, shared, sold, or received via 2040 Vision.
You may not intentionally misrepresent any items or services given, shared, or sold via 2040 Vision.
You are responsible for ensuring and being able to verify that you have legal standing to offer items (whether giving, selling, exchanging, sharing, or otherwise) posted on or using 2040 Vision’s Website.
You are responsible for your conduct and any data, text, information, usernames, graphics, photos, profiles, audio, video clips, and links (Content) that you submit, post, and display on 2040 Vision.
2040 Vision does not control, is not responsible for and makes no representations or warranties with respect to any user Content.
You are responsible for your access to, use of and/or reliance on any User Content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any User Content.

This list is an example and is not intended to be complete or exclusive. We don’t have an obligation to monitor your access to or use of the Website or to review or edit any information posted to the Website, by the User. However, we have the right to do so for the purpose of operating the Website, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

We reserve the right, at any time and without prior notice, to remove or disable access to any data submitted by a User, that we consider, in our sole discretion, to be in violation of these Terms, or harmful to the Website. Deleted content may be stored by 2040 Vision in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, 2040 Vision encourages you to maintain your own backup of your Content. In other words, 2040 Vision is not a backup service. 2040 Vision will not be liable to you for any modification, suspension, or discontinuation of the 2040 Vision Website, Services, or the loss of any Content.

The Content available through the Website has not been reviewed, verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our Website or any Content on the Website, relating to the quality, suitability, truth, accuracy or completeness of any Content contained in the Website.

2. General Terms

You may share, copy, distribute and transmit materials from the Website Content or the book, Tales from 2040 Vol. I (the Book), under the conditions of this Creative Commons License. See Section 4 of these Terms for details.
You may not disassemble, decompile, or reverse-engineer 2040 Vision or modify another website, application, or product offering so as to falsely imply that it is associated with 2040 Vision.
You may not access or try to access non-public areas of the Website, our computer systems, or the technical delivery systems employed by our Website.
You may not use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, crawl, scrape, or otherwise index any portion of the site or any content from 2040 Vision including but not limited to posted items, User profiles, names, addresses, email addresses, and/or photos.
You may not create or submit unwanted email or comments to any 2040 Vision Users (Spam).
You may not gather and use information, such as User names, real names or email addresses, which are made available through the Website for any purpose outside of these Terms, including but not limited to Spam or any other form of unwanted solicitation.
You may not transmit any worms or viruses or any code of a destructive nature.
You may not, in the use of 2040 Vision services, violate any laws in your jurisdiction (including but not limited to copyright laws).
Violation of this agreement can result in the termination of your 2040 Vision account. You also agree to indemnify and hold 2040 Vision harmless as indicated in the Indemnification section below.
While 2040 Vision prohibits certain conduct and content on its site, you understand and agree that 2040 Vision cannot be responsible for the Content posted on its Website and you nonetheless may be exposed to such materials and that you use the 2040 Vision service at your own risk.

3. General Conditions

We reserve the right to refuse service to anyone for any reason at any time.
We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users, or we otherwise deem inappropriate.
We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

4. Proprietary Rights in Content on 2040 Vision

2040 Vision does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other Content that you post on or through the 2040 Vision Services. By displaying or publishing (Post or Posting) any Content on or through the 2040 Vision Website, you hereby grant to 2040 Vision a non-exclusive, fully paid and royalty-free, worldwide, sublicensable and transferable license to use, modify, publicly perform, publicly display, reproduce and distribute such Content, including without limitation distributing part or all of the Content in any media formats through any media channels now known or hereafter invented.
Some of the 2040 Vision Services may be supported by advertising revenue and may display advertisements and promotions. You hereby agree that 2040 Vision may place such advertising and promotions on the 2040 Vision Services or on, about, or in conjunction with your Content. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to you.
You represent and warrant that: (i) you own the Content posted by you on or through the 2040 Vision Website or otherwise have the right to grant the license set forth in this section, (ii) the Posting and use of your Content on or through the 2040 Vision Website does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the Posting of your Content on the 2040 Vision Website does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you Post on or through the 2040 Vision Website as per the Indemnification section below.
2040 Vision owns and retains all rights in the 2040 Vision Content, the Book, and the 2040 Vision Website. 2040 Vision grants you a limited license to view, download, share, copy, distribute, transmit, and print 2040 Vision Content and/or the Book from the website under a Creative Commons Attribution-Noncommercial-No Derivatives 3.0 license, subject to the following restrictions:
- You must attribute the work in the manner specified by 2040 Vision (but not in any way that suggest that they endorse you or your use of the work).
- You may not use this work for commercial purposes.
- You may not alter, transform, or build upon the work.
See the full version of the Creative Commons license here.
The 2040 Vision Website may contain Content of Users and other Third Parties. Except as provided within this Agreement, you may not copy, modify, create derivative works, publicly display, publicly perform, or digitally transmit the Book or any Content appearing on or through the 2040 Vision Website.
2040 Vision may perform technical functions necessary to offer the 2040 Vision Website, including but not limited to transcoding and/or reformatting Content to allow its use throughout the 2040 Vision Website.

5. Notice and Takedown Procedure for Copyright Complaints

It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). This section describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to 2040 Vision as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov), but we will respond to notices of this form from other jurisdictions as well.

It is expected that all users of any part of 2040 Vision will comply with applicable copyright laws. However, if 2040 Vision receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction.

If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.

6. Designated Agent

2040 Vision’s Designated Agent to receive notification of alleged infringement under the DMCA is:

DMCA Notices - Immediate Attention Required
Attn: Christopher Cardinal
6549 Mission Gorge Road #102
San Diego, CA 92115
support@2040vision.org (e-mail correspondence is preferred)

Upon receipt of proper notification of claimed infringement, 2040 Vision will follow the procedures outlined herein and in the DMCA.

7. Infringement Notification

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide 2040 Vision’s Registered Agent (listed above) the following information in a written communication (preferably via email):

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit 2040 Vision to locate the material;
Information reasonably sufficient to permit 2040 Vision to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
The following statement: I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
The following statement: I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

8. Counter Notification

A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide 2040 Vision’s Registered Agent (listed above) the following information in a written communication (preferably via email):

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;
Your name, address, and telephone number;
The following statement: I consent to the jurisdiction of Federal District Court for the judicial district of California;
The following statement: I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent;
The following statement: I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your signature, in physical or electronic form.

Upon receipt of such counter notification, 2040 Vision will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that 2040 Vision will replace the removed material or cease disabling access to it in 10 business days. 2040 Vision will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.

9. Repeat Infringers

In accordance with Section 512(i)(1)(a) of the DMCA, 2040 Vision will, in appropriate circumstances, disable and/or terminate the accounts of Users who are repeat infringers.

10. Accommodation of Standard Technical Measures

It is 2040 Vision’s policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that 2040 Vision determines are reasonable under the circumstances.

11. Indemnification

You agree to indemnify and hold 2040 Vision harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to (i) your use or misuse of, or access to, the Website; (ii) a violation of the Terms of this agreement, any applicable law or regulation, or the rights of any third party, by any person using your account; (iii) your Content; or (iv) (a) your interaction with any Users, (b) your transfer of any item or service, (c) your creation of an item or service Post. Liability for any given item or service offered by you includes, but is not limited to, any injuries, losses, or damages of any kind arising in connection with or as a result of a request for or use of an item or service.

2040 Vision retains the right to employ 2040 Vision’s own counsel. You remain solely responsible for 2040 Vision’s defense and must obtain 2040 Vision’s written consent to a settlement. You agree to notify 2040 Vision of a pending suit claiming you have violated a third party’s intellectual property or other rights. 2040 Vision requires that you confirm your indemnification in case of a lawsuit; failure to do so may be considered a breach of your Terms of Use.

12. Integration with Third Party Services

If you are using the 2040 Vision Website combined, integrated, or used with third party products, software applications, or website (Third Party Service[s]), you agree that: (i) you may be required to enter into a separate license agreement with the relevant third party owner or licensor for the use of their Third Party Services (ii) the functionality of 2040 Vision or the Website, may be diminished when operating through a Third Party Service; (iii) 2040 Vision cannot guarantee that the Website shall always be available on or in connection with such Third Party Services.

13. Ownership

2040 Vision and the Service are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and to the Book and the Website, including all associated intellectual property rights. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Book or the Website (Feedback) is given voluntarily and, even if designated as confidential, will not create any confidentiality obligation for us, and we will be free to use, disclose, reproduce, license, distribute, and otherwise exploit such Feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

14. Modification

2040 Vision reserves the right, at its sole discretion, to modify or replace any of these Terms, on the 2040 Vision Website. 2040 Vision may also impose limits or restrict access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

15. Termination

2040 Vision may terminate, change, suspend, or discontinue the Website (including without limitation, the availability of any feature, database, or content) or your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Website and related Content.

16. Disclaimer

You understand and agree that the Book and the Website are provided to you AS IS and on an AS AVAILABLE basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Book or the Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

17. Limitation of Liability

OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR ACCESS TO THE WEBSITE, AND IN NO EVENT WILL IT EXCEED $50. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (1) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE BOOK AND/OR THE WEBSITE; (2) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; AND (3) ANY CONTENT OBTAINED FROM THE WEBSITE; WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, (4) ANY COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES OR ANY RELATIONS WHATSOEVER BETWEEN YOU AND ANY OTHER USER, PERSON OR ORGANIZATION; WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

18. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. In these cases, 2040 Vision’s liability will be limited to the fullest extent permitted by applicable law.

19. Claims & Governing Law

For any dispute you have with 2040 Vision, you agree to first contact 2040 Vision and attempt to resolve the dispute with us informally.

In the unlikely event that 2040 Vision has not been able to resolve a dispute it has with you after attempting to do so informally, you agree to resolve any claim, cause of action dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or breach or alleged breach thereof (collectively, Claims) arising out of or relating to these Terms or 2040 Vision exclusively in a state or federal court located in San Diego County of the State of California, without regard to conflict of law provisions. As such, you agree to submit to the personal jurisdiction of the courts stated above. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Service.

TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

20. Waiver & Severability

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Questions & Contact Information:

Please contact us if you have any questions about our Terms, or send email to support@2040vision.org.

Alternatively, 2040 Vision can be contacted at:

2040 Vision
6549 Mission Gorge Rd. #102
San Diego, CA 92120

Effective: June 27, 2013.