Erik Akers

Terms of Use

THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE (“CCPL” OR “LICENSE”). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.

BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.

1. Def­i­n­i­tions

1. “Adap­ta­tion” means a work based upon the Work, or upon the Work and other pre-existing works, such as a trans­la­tion, adap­ta­tion, deriv­a­tive work, arrange­ment of music or other alter­ations of a lit­er­ary or artis­tic work, or phono­gram or per­for­mance and includes cin­e­mato­graphic adap­ta­tions or any other form in which the Work may be recast, trans­formed, or adapted includ­ing in any form rec­og­niz­ably derived from the orig­i­nal, except that a work that con­sti­tutes a Col­lec­tion will not be con­sid­ered an Adap­ta­tion for the pur­pose of this License. For the avoid­ance of doubt, where the Work is a musi­cal work, per­for­mance or phono­gram, the syn­chro­niza­tion of the Work in timed-relation with a mov­ing image (“synch­ing”) will be con­sid­ered an Adap­ta­tion for the pur­pose of this License.
2. “Col­lec­tion” means a col­lec­tion of lit­er­ary or artis­tic works, such as ency­clo­pe­dias and antholo­gies, or per­for­mances, phono­grams or broad­casts, or other works or sub­ject mat­ter other than works listed in Sec­tion 1(g) below, which, by rea­son of the selec­tion and arrange­ment of their con­tents, con­sti­tute intel­lec­tual cre­ations, in which the Work is included in its entirety in unmod­i­fied form along with one or more other con­tri­bu­tions, each con­sti­tut­ing sep­a­rate and inde­pen­dent works in them­selves, which together are assem­bled into a col­lec­tive whole. A work that con­sti­tutes a Col­lec­tion will not be con­sid­ered an Adap­ta­tion (as defined above) for the pur­poses of this License.
3. “Dis­trib­ute” means to make avail­able to the pub­lic the orig­i­nal and copies of the Work or Adap­ta­tion, as appro­pri­ate, through sale or other trans­fer of ownership.
4. “License Ele­ments” means the fol­low­ing high-level license attrib­utes as selected by Licen­sor and indi­cated in the title of this License: Attri­bu­tion, Non­com­mer­cial, ShareAlike.
5. “Licen­sor” means the indi­vid­ual, indi­vid­u­als, entity or enti­ties that offer(s) the Work under the terms of this License.
6. “Orig­i­nal Author” means, in the case of a lit­er­ary or artis­tic work, the indi­vid­ual, indi­vid­u­als, entity or enti­ties who cre­ated the Work or if no indi­vid­ual or entity can be iden­ti­fied, the pub­lisher; and in addi­tion (i) in the case of a per­for­mance the actors, singers, musi­cians, dancers, and other per­sons who act, sing, deliver, declaim, play in, inter­pret or oth­er­wise per­form lit­er­ary or artis­tic works or expres­sions of folk­lore; (ii) in the case of a phono­gram the pro­ducer being the per­son or legal entity who first fixes the sounds of a per­for­mance or other sounds; and, (iii) in the case of broad­casts, the orga­ni­za­tion that trans­mits the broadcast.
7. “Work” means the lit­er­ary and/or artis­tic work offered under the terms of this License includ­ing with­out lim­i­ta­tion any pro­duc­tion in the lit­er­ary, sci­en­tific and artis­tic domain, what­ever may be the mode or form of its expres­sion includ­ing dig­i­tal form, such as a book, pam­phlet and other writ­ing; a lec­ture, address, ser­mon or other work of the same nature; a dra­matic or dramatico-musical work; a chore­o­graphic work or enter­tain­ment in dumb show; a musi­cal com­po­si­tion with or with­out words; a cin­e­mato­graphic work to which are assim­i­lated works expressed by a process anal­o­gous to cin­e­matog­ra­phy; a work of draw­ing, paint­ing, archi­tec­ture, sculp­ture, engrav­ing or lith­o­g­ra­phy; a pho­to­graphic work to which are assim­i­lated works expressed by a process anal­o­gous to pho­tog­ra­phy; a work of applied art; an illus­tra­tion, map, plan, sketch or three-dimensional work rel­a­tive to geog­ra­phy, topog­ra­phy, archi­tec­ture or sci­ence; a per­for­mance; a broad­cast; a phono­gram; a com­pi­la­tion of data to the extent it is pro­tected as a copy­rightable work; or a work per­formed by a vari­ety or cir­cus per­former to the extent it is not oth­er­wise con­sid­ered a lit­er­ary or artis­tic work.
8. “You” means an indi­vid­ual or entity exer­cis­ing rights under this License who has not pre­vi­ously vio­lated the terms of this License with respect to the Work, or who has received express per­mis­sion from the Licen­sor to exer­cise rights under this License despite a pre­vi­ous violation.
9. “Pub­licly Per­form” means to per­form pub­lic recita­tions of the Work and to com­mu­ni­cate to the pub­lic those pub­lic recita­tions, by any means or process, includ­ing by wire or wire­less means or pub­lic dig­i­tal per­for­mances; to make avail­able to the pub­lic Works in such a way that mem­bers of the pub­lic may access these Works from a place and at a place indi­vid­u­ally cho­sen by them; to per­form the Work to the pub­lic by any means or process and the com­mu­ni­ca­tion to the pub­lic of the per­for­mances of the Work, includ­ing by pub­lic dig­i­tal per­for­mance; to broad­cast and rebroad­cast the Work by any means includ­ing signs, sounds or images.
10. “Repro­duce” means to make copies of the Work by any means includ­ing with­out lim­i­ta­tion by sound or visual record­ings and the right of fix­a­tion and repro­duc­ing fix­a­tions of the Work, includ­ing stor­age of a pro­tected per­for­mance or phono­gram in dig­i­tal form or other elec­tronic medium.

2. Fair Deal­ing Rights. Noth­ing in this License is intended to reduce, limit, or restrict any uses free from copy­right or rights aris­ing from lim­i­ta­tions or excep­tions that are pro­vided for in con­nec­tion with the copy­right pro­tec­tion under copy­right law or other applic­a­ble laws.

3. License Grant. Sub­ject to the terms and con­di­tions of this License, Licen­sor hereby grants You a world­wide, royalty-free, non-exclusive, per­pet­ual (for the dura­tion of the applic­a­ble copy­right) license to exer­cise the rights in the Work as stated below:

1. to Repro­duce the Work, to incor­po­rate the Work into one or more Col­lec­tions, and to Repro­duce the Work as incor­po­rated in the Collections;
2. to cre­ate and Repro­duce Adap­ta­tions pro­vided that any such Adap­ta­tion, includ­ing any trans­la­tion in any medium, takes rea­son­able steps to clearly label, demar­cate or oth­er­wise iden­tify that changes were made to the orig­i­nal Work. For exam­ple, a trans­la­tion could be marked “The orig­i­nal work was trans­lated from Eng­lish to Span­ish,” or a mod­i­fi­ca­tion could indi­cate “The orig­i­nal work has been modified.”;
3. to Dis­trib­ute and Pub­licly Per­form the Work includ­ing as incor­po­rated in Col­lec­tions; and,
4. to Dis­trib­ute and Pub­licly Per­form Adaptations.

The above rights may be exer­cised in all media and for­mats whether now known or here­after devised. The above rights include the right to make such mod­i­fi­ca­tions as are tech­ni­cally nec­es­sary to exer­cise the rights in other media and for­mats. Sub­ject to Sec­tion 8(f), all rights not expressly granted by Licen­sor are hereby reserved, includ­ing but not lim­ited to the rights described in Sec­tion 4(e).

4. Restric­tions. The license granted in Sec­tion 3 above is expressly made sub­ject to and lim­ited by the fol­low­ing restrictions:

1. You may Dis­trib­ute or Pub­licly Per­form the Work only under the terms of this License. You must include a copy of, or the Uni­form Resource Iden­ti­fier (URI) for, this License with every copy of the Work You Dis­trib­ute or Pub­licly Per­form. You may not offer or impose any terms on the Work that restrict the terms of this License or the abil­ity of the recip­i­ent of the Work to exer­cise the rights granted to that recip­i­ent under the terms of the License. You may not sub­li­cense the Work. You must keep intact all notices that refer to this License and to the dis­claimer of war­ranties with every copy of the Work You Dis­trib­ute or Pub­licly Per­form. When You Dis­trib­ute or Pub­licly Per­form the Work, You may not impose any effec­tive tech­no­log­i­cal mea­sures on the Work that restrict the abil­ity of a recip­i­ent of the Work from You to exer­cise the rights granted to that recip­i­ent under the terms of the License. This Sec­tion 4(a) applies to the Work as incor­po­rated in a Col­lec­tion, but this does not require the Col­lec­tion apart from the Work itself to be made sub­ject to the terms of this License. If You cre­ate a Col­lec­tion, upon notice from any Licen­sor You must, to the extent prac­ti­ca­ble, remove from the Col­lec­tion any credit as required by Sec­tion 4(d), as requested. If You cre­ate an Adap­ta­tion, upon notice from any Licen­sor You must, to the extent prac­ti­ca­ble, remove from the Adap­ta­tion any credit as required by Sec­tion 4(d), as requested.
2. You may Dis­trib­ute or Pub­licly Per­form an Adap­ta­tion only under: (i) the terms of this License; (ii) a later ver­sion of this License with the same License Ele­ments as this License; (iii) a Cre­ative Com­mons juris­dic­tion license (either this or a later license ver­sion) that con­tains the same License Ele­ments as this License (e.g., Attribution-NonCommercial-ShareAlike 3.0 US) (“Applic­a­ble License”). You must include a copy of, or the URI, for Applic­a­ble License with every copy of each Adap­ta­tion You Dis­trib­ute or Pub­licly Per­form. You may not offer or impose any terms on the Adap­ta­tion that restrict the terms of the Applic­a­ble License or the abil­ity of the recip­i­ent of the Adap­ta­tion to exer­cise the rights granted to that recip­i­ent under the terms of the Applic­a­ble License. You must keep intact all notices that refer to the Applic­a­ble License and to the dis­claimer of war­ranties with every copy of the Work as included in the Adap­ta­tion You Dis­trib­ute or Pub­licly Per­form. When You Dis­trib­ute or Pub­licly Per­form the Adap­ta­tion, You may not impose any effec­tive tech­no­log­i­cal mea­sures on the Adap­ta­tion that restrict the abil­ity of a recip­i­ent of the Adap­ta­tion from You to exer­cise the rights granted to that recip­i­ent under the terms of the Applic­a­ble License. This Sec­tion 4(b) applies to the Adap­ta­tion as incor­po­rated in a Col­lec­tion, but this does not require the Col­lec­tion apart from the Adap­ta­tion itself to be made sub­ject to the terms of the Applic­a­ble License.
3. You may not exer­cise any of the rights granted to You in Sec­tion 3 above in any man­ner that is pri­mar­ily intended for or directed toward com­mer­cial advan­tage or pri­vate mon­e­tary com­pen­sa­tion. The exchange of the Work for other copy­righted works by means of dig­i­tal file-sharing or oth­er­wise shall not be con­sid­ered to be intended for or directed toward com­mer­cial advan­tage or pri­vate mon­e­tary com­pen­sa­tion, pro­vided there is no pay­ment of any mon­e­tary com­pen­sa­tion in con-nection with the exchange of copy­righted works.
4. If You Dis­trib­ute, or Pub­licly Per­form the Work or any Adap­ta­tions or Col­lec­tions, You must, unless a request has been made pur­suant to Sec­tion 4(a), keep intact all copy­right notices for the Work and pro­vide, rea­son­able to the medium or means You are uti­liz­ing: (i) the name of the Orig­i­nal Author (or pseu­do­nym, if applic­a­ble) if sup­plied, and/or if the Orig­i­nal Author and/or Licen­sor des­ig­nate another party or par­ties (e.g., a spon­sor insti­tute, pub­lish­ing entity, jour­nal) for attri­bu­tion (“Attri­bu­tion Par­ties”) in Licensor’s copy­right notice, terms of ser­vice or by other rea­son­able means, the name of such party or par­ties; (ii) the title of the Work if sup­plied; (iii) to the extent rea­son­ably prac­ti­ca­ble, the URI, if any, that Licen­sor spec­i­fies to be asso­ci­ated with the Work, unless such URI does not refer to the copy­right notice or licens­ing infor­ma­tion for the Work; and, (iv) con­sis­tent with Sec­tion 3(b), in the case of an Adap­ta­tion, a credit iden­ti­fy­ing the use of the Work in the Adap­ta­tion (e.g., “French trans­la­tion of the Work by Orig­i­nal Author,” or “Screen­play based on orig­i­nal Work by Orig­i­nal Author”). The credit required by this Sec­tion 4(d) may be imple­mented in any rea­son­able man­ner; pro­vided, how­ever, that in the case of a Adap­ta­tion or Col­lec­tion, at a min­i­mum such credit will appear, if a credit for all con­tribut­ing authors of the Adap­ta­tion or Col­lec­tion appears, then as part of these cred­its and in a man­ner at least as promi­nent as the cred­its for the other con­tribut­ing authors. For the avoid­ance of doubt, You may only use the credit required by this Sec­tion for the pur­pose of attri­bu­tion in the man­ner set out above and, by exer­cis­ing Your rights under this License, You may not implic­itly or explic­itly assert or imply any con­nec­tion with, spon­sor­ship or endorse­ment by the Orig­i­nal Author, Licen­sor and/or Attri­bu­tion Par­ties, as appro­pri­ate, of You or Your use of the Work, with­out the sep­a­rate, express prior writ­ten per­mis­sion of the Orig­i­nal Author, Licen­sor and/or Attri­bu­tion Parties.
5. For the avoid­ance of doubt:
   1. Non-waivable Com­pul­sory License Schemes. In those juris­dic­tions in which the right to col­lect roy­al­ties through any statu­tory or com­pul­sory licens­ing scheme can­not be waived, the Licen­sor reserves the exclu­sive right to col­lect such roy­al­ties for any exer­cise by You of the rights granted under this License;
   2. Waiv­able Com­pul­sory License Schemes. In those juris­dic­tions in which the right to col­lect roy­al­ties through any statu­tory or com­pul­sory licens­ing scheme can be waived, the Licen­sor reserves the exclu­sive right to col­lect such roy­al­ties for any exer­cise by You of the rights granted under this License if Your exer­cise of such rights is for a pur­pose or use which is oth­er­wise than non­com­mer­cial as per­mit­ted under Sec­tion 4© and oth­er­wise waives the right to col­lect roy­al­ties through any statu­tory or com­pul­sory licens­ing scheme; and,
   3. Vol­un­tary License Schemes. The Licen­sor reserves the right to col­lect roy­al­ties, whether indi­vid­u­ally or, in the event that the Licen­sor is a mem­ber of a col­lect­ing soci­ety that admin­is­ters vol­un­tary licens­ing schemes, via that soci­ety, from any exer­cise by You of the rights granted under this License that is for a pur­pose or use which is oth­er­wise than non­com­mer­cial as per­mit­ted under Sec­tion 4©.
6. Except as oth­er­wise agreed in writ­ing by the Licen­sor or as may be oth­er­wise per­mit­ted by applic­a­ble law, if You Repro­duce, Dis­trib­ute or Pub­licly Per­form the Work either by itself or as part of any Adap­ta­tions or Col­lec­tions, You must not dis­tort, muti­late, mod­ify or take other deroga­tory action in rela­tion to the Work which would be prej­u­di­cial to the Orig­i­nal Author’s honor or rep­u­ta­tion. Licen­sor agrees that in those juris­dic­tions (e.g. Japan), in which any exer­cise of the right granted in Sec­tion 3(b) of this License (the right to make Adap­ta­tions) would be deemed to be a dis­tor­tion, muti­la­tion, mod­i­fi­ca­tion or other deroga­tory action prej­u­di­cial to the Orig­i­nal Author’s honor and rep­u­ta­tion, the Licen­sor will waive or not assert, as appro­pri­ate, this Sec­tion, to the fullest extent per­mit­ted by the applic­a­ble national law, to enable You to rea­son­ably exer­cise Your right under Sec­tion 3(b) of this License (right to make Adap­ta­tions) but not otherwise.

5. Rep­re­sen­ta­tions, War­ranties and Disclaimer

UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU.

6. Lim­i­ta­tion on Lia­bil­ity. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Ter­mi­na­tion

1. This License and the rights granted here­un­der will ter­mi­nate auto­mat­i­cally upon any breach by You of the terms of this License. Indi­vid­u­als or enti­ties who have received Adap­ta­tions or Col­lec­tions from You under this License, how­ever, will not have their licenses ter­mi­nated pro­vided such indi­vid­u­als or enti­ties remain in full com­pli­ance with those licenses. Sec­tions 1, 2, 5, 6, 7, and 8 will sur­vive any ter­mi­na­tion of this License.
2. Sub­ject to the above terms and con­di­tions, the license granted here is per­pet­ual (for the dura­tion of the applic­a­ble copy­right in the Work). Notwith­stand­ing the above, Licen­sor reserves the right to release the Work under dif­fer­ent license terms or to stop dis­trib­ut­ing the Work at any time; pro­vided, how­ever that any such elec­tion will not serve to with­draw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will con­tinue in full force and effect unless ter­mi­nated as stated above.

8. Mis­cel­la­neous

1. Each time You Dis­trib­ute or Pub­licly Per­form the Work or a Col­lec­tion, the Licen­sor offers to the recip­i­ent a license to the Work on the same terms and con­di­tions as the license granted to You under this License.
2. Each time You Dis­trib­ute or Pub­licly Per­form an Adap­ta­tion, Licen­sor offers to the recip­i­ent a license to the orig­i­nal Work on the same terms and con­di­tions as the license granted to You under this License.
3. If any pro­vi­sion of this License is invalid or unen­force­able under applic­a­ble law, it shall not affect the valid­ity or enforce­abil­ity of the remain­der of the terms of this License, and with­out fur­ther action by the par­ties to this agree­ment, such pro­vi­sion shall be reformed to the min­i­mum extent nec­es­sary to make such pro­vi­sion valid and enforceable.
4. No term or pro­vi­sion of this License shall be deemed waived and no breach con­sented to unless such waiver or con­sent shall be in writ­ing and signed by the party to be charged with such waiver or consent.
5. This License con­sti­tutes the entire agree­ment between the par­ties with respect to the Work licensed here. There are no under­stand­ings, agree­ments or rep­re­sen­ta­tions with respect to the Work not spec­i­fied here. Licen­sor shall not be bound by any addi­tional pro­vi­sions that may appear in any com­mu­ni­ca­tion from You. This License may not be mod­i­fied with­out the mutual writ­ten agree­ment of the Licen­sor and You.
6. The rights granted under, and the sub­ject mat­ter ref­er­enced, in this License were drafted uti­liz­ing the ter­mi­nol­ogy of the Berne Con­ven­tion for the Pro­tec­tion of Lit­er­ary and Artis­tic Works (as amended on Sep­tem­ber 28, 1979), the Rome Con­ven­tion of 1961, the WIPO Copy­right Treaty of 1996, the WIPO Per­for­mances and Phono­grams Treaty of 1996 and the Uni­ver­sal Copy­right Con­ven­tion (as revised on July 24, 1971). These rights and sub­ject mat­ter take effect in the rel­e­vant juris­dic­tion in which the License terms are sought to be enforced accord­ing to the cor­re­spond­ing pro­vi­sions of the imple­men­ta­tion of those treaty pro­vi­sions in the applic­a­ble national law. If the stan­dard suite of rights granted under applic­a­ble copy­right law includes addi­tional rights not granted under this License, such addi­tional rights are deemed to be included in the License; this License is not intended to restrict the license of any rights under applic­a­ble law.