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This website legal document was last updated on January 29, 2020.
Thank you for visiting our Website (DaphneMichaelsInstitute.com), hereinafter referred to as “Website,” “website,” or “Site.” The Website is owned by the Vibrational Health Institute, Inc., a Washington corporation t/d/b/a The Daphne Michaels Institute (the “Institute”).
This website refers to health-related products and services. The following disclaimers apply to such products, services, and other health-related content found on this Website.
You understand and agree there are important risk factors that should be considered by you when deciding whether to purchase health-related products and services. The following disclaimers apply to the extent this Website, our products or services, and/or our communications with you refer to health-related (physical and/or mental) matters.
References to weight loss, physical health, and mental health on this Website constitutes an educational service consisting solely of general health information. The materials found on this Website are provided “as is” and without warranties of any kind either express or implied.
The website’s content is not a substitute for direct, personal, professional medical care and diagnosis. None of the exercises or treatments (including products and services) mentioned at this Website should be performed or otherwise used without clearance from your physician or health care provider. The information contained within this Website is not intended to provide specific physical or mental health advice, or any other advice whatsoever, for any individual or company and should not be relied upon in that regard. We are not medical professionals and nothing on this Website should be misconstrued to mean otherwise.
There may be risks associated with participating in activities mentioned on this Website for people in poor health or with pre-existing physical or mental health conditions. Because these risks exist, you will not participate in such activities if you are in poor health or have a pre-existing mental or physical condition. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities.
Facts and information are believed to be accurate at the time they were placed on this Website. All data provided in this Website is to be used for informational purposes only. Products and services described are only offered in jurisdictions where they may be legally offered. Information provided is not all-inclusive, and is limited to available information, and such information should not be relied upon as all-inclusive or accurate.
You agree to hold the Institute, its owners, agents, and employees harmless from any and all liability for all claims for damages due to injuries, including attorney fees and costs, incurred by you or caused to third parties by you, arising out of the products, services, and/or activities discussed on this Website, excepting only claims for gross negligence or intentional tort.
Testimonials, case studies, and examples found at this Website are exceptional results, do not reflect the typical purchaser’s weight loss or other health-related experience, don’t apply to the average person and are not intended to represent or guarantee anyone will achieve the same or similar results. If we have disclosed typical results based on information provided to us by a manufacturer or other reputable third-party source, you should presume the typical results as stated are more reliable than the testimonials, case studies, and examples found at this Website.
However, you should always perform due diligence and not take such results at face value. We are not responsible for any errors or omissions in typical results information supplied to us by manufacturers, service providers, or other reputable third parties.
If you want to view or use our Website, you must agree to conform to and be legally bound by the terms and conditions described below. If you disagree with any of these terms or conditions, do not use our Website.
If you are our customer, any customer agreement between us supersedes these policies, terms and conditions to the extent there is any conflict with the terms and conditions of the customer agreement.
This website may contain one or more videos and/or audio recordings (individually and collectively hereinafter referred to as the “Recordings”). This section describes our respective rights and responsibilities with regard to the Recordings.
All Recordings are to be watched and/or listened to for informational and entertainment purposes only. Recordings are not intended to provide specific legal, financial, tax, physical or mental health advice, or any other advice whatsoever to you, any other individual or company, and should not be relied upon in that regard. Any products or services described in the Recordings are only offered in jurisdictions where they may be legally offered. Information provided in Recordings is not all-inclusive, is limited to information available, and such information should not be relied upon as all-inclusive or accurate.
Some of the Recordings embedded for your viewing and listening pleasure are hosted on social media websites not owned by us. This may include, but is not limited to, sites such as YouTube.com, Vimeo.com, DailyMotion.com and the like (individually and collectively, the “Third Party Social Media Sites”).
We make no claim to the intellectual property rights of the owners of Third-Party Social Media Sites. We also make no claim to the intellectual property rights of third-party creators of Recordings hosted on Third Party Social Media Sites. Our embedding of such Recordings on this Website is done pursuant to applicable licenses to do so granted by the Third-Party Social Media Sites.
Embedding Recordings on this Website does not create an association, agency, joint venture, or partnership between us and the owners of the Third-Party Social Media Sites or impose any liability attributable to such a relationship upon either party.
Recordings are only provided for your convenience. We do not control or guarantee the accuracy, completeness, relevance, or timeliness of any information contained in the Recordings. You should know Third Party Social Media Sites may track your viewing and listening habits.
If Recordings embedded on this Website were created by us but are hosted on Third Party Social Media Sites, we retain all intellectual property rights for such Recordings except to the extent we granted a license to Third Party Social Media Sites to the Recordings. The hosting of these Recordings by Third Party Social Media Sites does not grant you any rights to such Recordings except to the extent provided under the applicable licenses those sites grant to viewers and listeners of Recordings they host on their websites.
Some of the Recordings embedded for your viewing and listening pleasure may be created by us and hosted on our servers or third-party servers. This may include, but is not limited to cloud hosting services from Amazon Web Services (“AWS”), Microsoft Azure, or others but excludes the Third-Party Social Media Sites described above.
We own the copyrights and all other intellectual property rights for these Recordings unless otherwise expressly noted. We make no claim to the intellectual property rights of the owners of third-party servers who by contractual agreement are hosting our Recordings for us.
Hosting our Recordings on third party servers does not create an association, agency, joint venture, or partnership between us and the owners of those servers, or impose any liability attributable to such a relationship upon either party.
Recordings are only provided for your convenience. We do not guarantee the accuracy, completeness, relevance, or timeliness of any information contained in the Recordings. You should know we and/or the owners of third-party servers hosting the Recordings may track your viewing and/or listening habits.
When you watch or listen to the Recordings on this Website, you understand and agree you are doing so pursuant to a personal non-exclusive revocable nontransferable license from us to do so.
The Recordings remain the sole and exclusive property of their respective owners, which retain all rights thereto. You understand and agree the Recordings may not be resold by you or otherwise distributed with or without consideration. You will not make the Recordings available to any third party. You may not reproduce or summarize any of the Recordings in any manner.
You agree to destroy any of the Recordings cached on your computer, tablet, smart phone, or otherwise in your possession within twenty-four (24) hours of watching or listening to said Recordings. Notwithstanding this provision, you agree to immediately destroy any Recordings in your possession upon material violation of the terms and conditions contained in this document, or upon request by us that you do so.
We review our Website periodically for broken or out-of-date Recordings. Any and all Recordings may be posted, altered, or removed at any time. To report problems with Recordings on our Website, or for more information, please send an email using the contact form at DaphneMichaelsInstitute.com.
You understand and agree your use of our Website is limited and non-exclusive as an individual nontransferable revocable licensee. We may, within our sole discretion, terminate your license to use our Website, and access to our Website, for any reason or no reason whatsoever, and without giving you notice.
All content on our Website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content, and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property.
You agree not to copy content from our Website without our permission. Any requests to use our content should be submitted to us by email using the contact form at DaphneMichaelsInstitute.com.
This website legal document is Copyright © 2008-2020 Law Office of Michael E. Young PLLC and licensed for use by the Institute at this Website. All Rights Reserved. No portion of this document may be copied or used by anyone other than the licensee without the express written permission of the law firm as copyright owner.
If you believe your intellectual property rights have been infringed upon by our Website content, please notify us by sending an email using the contact form at DaphneMichaelsInstitute.com, or by sending postal mail to us at the address listed below. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.
For copyright infringement issues, please follow the instructions in the DMCA Notice found below on this web page.
We may provide you with services via a computer program designed to run on smartphones, tablet computers, or other mobile electronic devices (a “Mobile App”). If we provide you with a Mobile App either directly (e.g. download from our Website) or indirectly (e.g. via a third-party Mobile App store), you are solely responsible for using the Mobile App in a safe manner, including but not limited to obeying applicable pedestrian and motor vehicle traffic laws.
If a Mobile App developed by or for a third party contains a link (affiliate or otherwise) to our products or services, we are not responsible for the content of or your use of the third-party Mobile App.
The Institute, its principals, employees, and agents do not discriminate on the basis of race, color, national origin, citizenship status, ethnic origin, ancestry, age, religion, religious creed, physical or mental disability, handicap, sex, gender, gender identity, gender expression, sexual orientation, marital status, military status, veteran status, or any other characteristic protected under applicable law.
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INFORMATION ON OUR WEBSITE SHOULD NOT NECESSARILY BE RELIED UPON AND SHOULD NEVER BE CONSTRUED TO BE PROFESSIONAL ADVICE FROM US. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION PROVIDED, AND ARE NOT RESPONSIBLE FOR ANY LOSS RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION.
IF YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO OUR WEBSITE, YOUR WEBSITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO OUR WEBSITE SHALL NOT EXCEED ONE HUNDRED ($100) DOLLARS AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US OR OUR AFFILIATES (IF ANY). ANY SUCH CLAIM SHALL BE SUBJECT TO CONFIDENTIAL BINDING ARBITRATION AS DESCRIBED LATER IN THIS DOCUMENT.
Cyber-bullying and Internet harassment are prohibited. Although we support First Amendment free speech rights, such rights are limited where the purpose or effect of the expression is to bully, harass, threaten, ridicule, embarrass, and/or intimidate others. This is particularly true in matters involving race, ethnicity, national origin, religion, gender, gender identity or expression, sex, sexual orientation, physical disability, and/or mental condition.
If we decide, in our sole discretion, you have committed cyber-bullying acts or Internet harassment, we reserve the right to unilaterally suspend or ban your use of our Website immediately with or without notice to you. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove material posted to our Website we determine constitutes cyber-bullying or Internet harassment.
We are not responsible for any obscene or offensive content you receive or view from others while using our Website. However, if you do receive or view such content, please contact us by email using the contact form at DaphneMichaelsInstitute.com so we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our Website.
Without our express prior written permission, you shall not use our Website to promote, market, or advertise directly or indirectly on behalf of any “business opportunity” covered by the U.S. Federal Trade Commission’s Business Opportunity Rule, 16 C.F.R. § 437.1 et seq. (as amended). This includes, but is not limited to, comments, messages, and signature tag lines promoting a business opportunity. If you violate this provision, as determined in our sole discretion, we reserve the right to unilaterally suspend or ban your use of our Website immediately with or without notice to you, and to remove all offending content from our Website.
You understand and agree you will indemnify, defend and hold us and our affiliates (if any) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from your use of our Website or your violation of these terms, conditions, and policies.
You agree to obey all applicable laws while using our Website.
You agree the laws of the State of Washington and the federal government of the United States of America govern these terms and conditions of use without regard to conflicts of laws provisions. If you reside in the European Union, you understand and agree the State of Washington’s laws and United States federal laws govern these terms and conditions, taking precedence over any rights you might otherwise have under Regulation (EU) 2016/679, the General Data Protection Regulation (“GDPR”). Any GDPR rights you may have are ancillary and subservient to the laws of the State of Washington and the United States.
You also agree any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must be arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in Pierce County, Washington, United States. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.
We dislike unsolicited commercial email (“UCE”) as much as you do. Also known as spam or junk email, UCE is a disservice to the Internet community.
We fully endorse and comply with the requirements of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act), and all other applicable unsolicited commercial email laws. For example, California’s anti-spam law, Cal. Bus. & Prof. Code § 17529, may apply if you are using or sending to a California electronic mail address, and in other limited circumstances.
If you subscribe to electronic newsletters or other communications from us or our Website, you will always have an option to unsubscribe immediately.
When you communicate with us by email, text message, telephone call, or other electronic means, you are agreeing we can respond to you by the same or other electronic means of communication. You also agree we can subsequently communicate with you for marketing and other commercial purposes by electronic means using the information you have provided to us (email address, mobile phone number, etc.) unless and until you make a signed written request by email or by mail to our address listed below that these subsequent communications cease. Your request must include the specific contact information you no longer wish us to use for communicating with you (email address, mobile phone number, etc.)
If you have additional questions, comments or concerns, please contact us by sending an email using the contact form at DaphneMichaelsInstitute.com and providing us with information relating to your concern.
You may also mail your concerns to us at the following address:
The Daphne Michaels Institute
621 Pacific Avenue, Suite 14
Tacoma, WA 98402-4699
You should always conduct your own investigation (perform due diligence) before buying products or services from anyone via the internet. This includes products and services sold on this Website and all other websites.
Unless otherwise expressly stated, you should assume all references to products and services on this Website are made because material connections exist between the Institute and the providers of the mentioned products and services (“Provider”).
If there are affiliate links or advertising on this Website for goods or services sold by Amazon.com, Inc., its subsidiaries or sister companies (collectively “Amazon”), this means the Institute is a participant in Provider Amazon Services LLC Associates Program (“Amazon Associates Program”), an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com and other Amazon websites.
All references to Amazon trademarks, service marks, and logos on this Website is made pursuant to a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license under the Amazon Associates Program and in accordance with that program’s trademark guidelines.
The Institute recommends products and services on this Website based in part on a good faith belief the purchase of such products or services will help purchasers in general.
The Institute has this good faith belief because (a) the Institute has tried the product or service mentioned prior to recommending it or (b) the Institute has researched the reputation of the Provider and has made the decision to recommend the Provider’s products or services based on the Provider’s history of providing these or other products or services. The representations made by the Institute about products and services reflect the Institute’s honest opinion based upon the facts known to the Institute at the time a product or service is mentioned on this Website, in social media, and/or email communications.
The Institute’s opinion about a product or service may be partially formed (consciously or subconsciously) in part based on the fact the Institute has been, may be, or will be compensated because of the Institute’s business relationships with the Providers.
In some instances, the Institute and a Provider will have a business or personal relationship that does not involve the Institute receiving compensation related to products and services mentioned on this Website. However, the nature of the relationship is sufficient to establish a material connection between the Institute and the Provider.
Because there may be a material connection between the Institute and Providers of products or services mentioned on this Website, you should always assume the Institute may be biased because of the Institute’s relationship with a Provider and/or because the Institute has received or will receive something of value from a Provider.
Perform your own due diligence before purchasing a product or service mentioned on this Website (or any other website).
The type of compensation received by the Institute may vary. In some instances, the Institute may receive complimentary products, services, or money from a Provider prior to mentioning the Provider’s products or services on this Website.
In other instances, the Institute may receive a monetary commission or non-monetary compensation when you take action based on the content of this Website. This includes, but is not limited to, when you purchase a product or service from a Provider after clicking on an affiliate link on this Website.
This website contains hypertext links to other websites and information created and maintained by other individuals and organizations. These links are only provided for your convenience. We do not control or guarantee the accuracy, completeness, relevance, or timeliness of any information or privacy policies posted on these linked websites. You should know these websites may track visitor viewing habits.
Unless otherwise expressly stated by us, hyperlinks to particular items do not reflect their importance, and are not an endorsement of the individuals or organizations sponsoring the websites, the views expressed on the websites, or the products or services offered on the websites.
We permit links to our Website if they do not imply an endorsement by, or affiliation with, our Website absent written consent. If we operate an affiliate program, our affiliates may link to our Website pursuant to the terms and conditions of our affiliate program agreement with them.
We review our Website periodically for broken or out-of-date links. Any and all links may be posted, altered, or removed at any time. Please note links to external websites may expire over time. Such expiration is beyond our control. To report problems with links on our Website, or for more information about this policy, please send an e-mail using the contact form at DaphneMichaelsInstitute.com.
We are committed to taking reasonable steps to make this Website accessible to visitors with disabilities. If you need help using our Website, please email us using the contact form at DaphneMichaelsInstitute.com
If you are visually-impaired, we recommend using text-to-speech software, such as Microsoft’s Narrator, Apple’s VoiceOver, and the KNFB Reader mobile application (available in Apple’s App Store and at Google Play), to enjoy our Website.
If you have an account with us, you are responsible for protecting your account’s username and password to prevent misuse of your account by others that is unlawful or violates these terms and conditions of use. We reserve the right to suspend or terminate your account for misuse.
If you post content on or submit content to our Website (e.g. photos, videos, customer reviews or testimonials, comments, etc.), you represent you have the legal right to share such content on our Website, the content is accurate, and it does not violate the law or these terms and conditions of use.
We reserve the right to edit or delete content you post or submit. However, we are not liable or responsible for content you and others submit or post on our Website.
By posting or submitting content to us, you grant us an irrevocable, non-exclusive, royalty-free, perpetual, transferable, and sublicensable right to use the content. This includes a global right for us to adapt, alter, display, distribute, publish, reproduce, and translate the content. We can also create derivative works from the content in all media types (e.g. print, audio, video, etc.). You also grant us the right to use your name and username in connection with such content.
If claims are made against us because of the content you post or submit, you agree to indemnify and defend us against those claims at your sole expense.
These terms, conditions, and policies are an agreement between us that does not expressly or implicitly create any third-party beneficiary rights.
If any part of these terms, conditions, and policies are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so the remainder of these terms and conditions are fully enforceable and legally binding.
Any questions or concerns about these terms, conditions, and policies should be brought to our attention by email using the contact form at DaphneMichaelsInstitute.com, and providing us with information relating to your concern.
You may also mail your concerns to us at the following address:
The Daphne Michaels Institute
621 Pacific Avenue, Suite 14
Tacoma, WA 98402-4699
If you want to serve us with a subpoena, you must serve it on us by mail at our address listed above or to our local resident agent if we have one in your state. To determine whether we have a resident agent in your jurisdiction, check your state’s Secretary of State’s website or contact that state official’s office. Subpoenas sent by electronic means (email, fax, text message, etc.) will be ignored. To expedite our response to your subpoena, be sure to send to the attention of “Subpoena Processing” and include complete and accurate information.
These terms and conditions, including the policies incorporated herein by express reference, constitute your entire agreement with us with respect to your use of our Website.
The above terms, conditions, and policies may change from time to time. If such changes are made, they will be effective immediately, and we will notify you by a notice posted on our Website’s home page that changes have been made. If you disagree with the changes made, you should not use our Website. By continuing to access our Website after changes are made to these terms, conditions, and policies, you are agreeing to be legally bound by the revised terms, conditions, and policies.
We may terminate these terms, conditions, and policies for any reason and at any time without notice to you.
If you are concerned about these terms, conditions, and policies, you should read them each time before you use our Website. Any questions or concerns should be brought to our attention by sending an email using the contact form at DaphneMichaelsInstitute.com, and providing us with information relating to your concern.
This notice is for informational purposes only. It is not intended as, nor should it be construed as, legal advice. If you believe your intellectual property rights have been infringed upon, or if a notice of infringement has been filed against you, you should immediately seek legal counsel.
This website, including all text, HTML, scripts, and images are copyrighted, owned, and/or licensed by the Institute. All rights reserved.
NO PART OF THIS WEBSITE MAY BE REPRODUCED OR TRANSMITTED IN ANY FORM OR BY ANY MEANS, MECHANICAL, ELECTRONIC, OR OTHERWISE, INCLUDING PHOTOCOPYING AND RECORDING, OR BY ANY INFORMATION STORAGE AND RETRIEVAL SYSTEM, OR TRANSMITTED BY E-MAIL, OR USED IN ANY OTHER FASHION WITHOUT THE EXPRESS PRIOR WRITTEN PERMISSION OF THE WEBSITE OWNER.
This, of course, excludes the downloading and temporary caching of this Website on a personal computer for the explicit purpose of viewing this Website, as well as any information clearly marked as reproducible. This copyright notice applies to everyone, including all visitors to this Website.
The Digital Millennium Copyright Act of 1998, found at 17 U.S.C. § 512 (“DMCA”), provides recourse for owners of copyrighted materials who believe their rights under United States copyright law have been infringed upon on the Internet.
Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief their copyright has been infringed may contact not only the person or entity infringing on their copyright, but may also contact the designated agent of an Internet service provider to report alleged infringements of their protected works, when such alleged infringements appear on pages contained within the system of the Internet service provider (“ISP”).
The owners of this Website and the ISP are committed to complying with international trade law, international trade practices, all United States laws, including United States copyright law. Upon receipt of a properly filed complaint under the DMCA, the owner and/or the ISP of this Website will block access to the allegedly infringing material. The website owner and/or the ISP will forward a copy of the notification of claimed copyright infringement to the alleged infringer. Anyone who believes in good faith that a notice of copyright infringement has wrongfully been filed against them, may submit a counternotice to the website owner and/or the ISP.
Please send DMCA notifications of claimed copyright infringement to:
The Daphne Michaels Institute
621 Pacific Avenue, Suite 14
Tacoma, WA 98402-4699
Notable Web, Inc.
P.O. Box 7762
Bonney Lake, WA 98391
Copyright Compliance Department
15495 Sand Canyon #300
Irvine, CA 92618
Phone: (855) 452-5224
Email: [email protected]
To file a notice of infringement with either the website owner or the ISP, you must provide a written communication that sets forth the items specified below. You will be liable for damages (including damages, costs, and attorneys’ fees) if you materially misrepresent that the website or a web page is infringing your copyright. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest you first contact an attorney.
To expedite our ability to process your request, please use the following format (including section numbers):
For details on the information required for valid notification, see 17 U.S.C. § 512(c)(3).
If a notice of copyright infringement has been filed with the website owner and/or the ISP against you, the owner and/or the ISP will attempt to notify you and provide you with a copy of the notice of copyright infringement. If you have a good faith belief you have been wrongfully accused, you may file a counternotification with the website owner and/or the ISP. If website owner and/or the ISP receives a valid counternotification, the DMCA provides the removed or blocked information will be restored or access re-enabled.
The website owner and/or the ISP will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the counternotification, unless the website owner and/or ISP first receives notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on this Website.
Please be advised that United States copyright law provides substantial penalties for a false counternotice filed in response to a notice of copyright infringement. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest you first contact an attorney.