Pen-wielder with a license to thrill

Terms and Conditions

The following terms and conditions (the “Terms of Use”) govern your use of this web site for and (collectively the “Site” or “Web Site”). This Site and the Privacy Policy are made available by Kristian Bowes (“KB” or “I” or “me”). I may change these terms from time to time by posting such changes on the Site, without notice. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE AS THEY APPLY TO YOUR USE OF THE SITE. If you do not agree to these Terms of Use, you may not access or otherwise use the Site.

Proprietary Rights

As between you and KB, KB owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site.

Limited License

You may access and view the content on the Site on your computer or other Internet compatible device, and make single copies or prints of the content on the Site for your personal and internal use only. The Site, including any content and materials thereon, are only for your personal, non-commercial use.

Prohibited Use

Any commercial distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express written prior permission of KB. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Site. If you make other use of the Site, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. I will aggressively enforce my intellectual property rights to the fullest extent of the law, including criminal prosecution.


The trademarks, logos, service marks and trade names (collectively referred to as “Trademarks”) displayed on the Web Site or on content available through the Web Site are registered and unregistered Trademarks of KB, and others (such as Mackenzie Bowes), and may not be used unless authorized by the trademark owner. All Trademarks not owned by KB that appear on the Web Site or through the Web Site’s services, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without my written permission or that of the third party rights holder. Your misuse of the Trademarks displayed on the Site is strictly prohibited. KB will aggressively enforce its Trademark rights to the fullest extent of the law, including criminal prosecution.

User Information

In the course of your use of the Site, you may be asked to provide certain personalized information to me (such information referred to hereinafter as “User Information”). The information collection and use policies, with respect to the privacy of such User Information, are set forth in the Site’s Privacy Policy, which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.

Submitted Materials

Unless specifically requested, I do not solicit nor wish to receive any confidential, secret, or proprietary information or other material from you through the Site, by e-mail or in any other fashion. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to me (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by me in any manner consistent with these Terms of Use and the Site’s Privacy Policy. By submitting or sending Submitted Materials to me, you: (i) represent and warrant that (A) the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, and (B) that the Submitted Material, and its use, do not and will not violate the law or violate or infringe the rights of any entity or person; and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. I cannot be responsible for maintaining any Submitted Material that you provide to me, and I may delete or destroy any such Submitted Material at any time.

Prohibited User Conduct

You warrant and agree that, while using the Web Site and the various services and features offered on or through the Web Site, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Web Site’s content, materials or services (for example, without limitation, in an RSS feed or a podcast received from KB or otherwise through the Web Site), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Web Site.

You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Site or for any services or features offered on or through the Site, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Site or the services offered on or through the Site, including, without limitation, any information residing on any server or database connected to the Site or any services offered on or through the Site; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the Site through any means; (iii) use the Site or the services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Web Site or the Web Site’s services or features in violation of KB’s or any third party’s intellectual property or other proprietary, personal or legal rights; or (v) use the Site or the Site’s services in violation of any applicable law.

You further agree that you may not attempt (or encourage or support any one else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site’s services, or any content thereof, or make unauthorized use thereof. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.

Public Forums and Blogs

KB may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Web Site. In addition to any other rules or regulations that I may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Web Site or any service or feature made available on or through the Web Site, any materials which (i) restrict or inhibit any other user from using and enjoying the Web Site or the Web Site’s services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or another harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact.

You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from the Web Site or KB. You alone are responsible for the content and consequences of any of your activities.

Right to Monitor and Editorial Control

KB reserves the right but does not have an obligation to monitor and/or review materials, in whole or in part, posted to the Web Site or through the Web Site’s services or features by users, and KB is not responsible for any such materials posted by users. However, KB reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in KB’s sole discretion are objectionable or in violation of these Terms of Use, KB’s policies or applicable law. I may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if I believe you are in breach of the guidelines set forth in this paragraph, this Site’s terms and conditions or applicable law, or for any other reason without notice of liability.

Private or Sensitive Information on Public Forums or Blogs

It is important to remember that comments submitted to a forum or blog may be recorded and stored in multiple places, both on this Web Site and elsewhere on the Internet, and are likely to be accessible for a long time, and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary, or confidential information in your comments to my public forums.


You agree to defend, indemnify, and hold KB and its directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of these Terms of Use. KB reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with KB’s defense of such claim.

Third-Party Web Sites

You may be able to link from the Web Site to third party web sites and third party web sites may link to the Web Site (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates. Links to Linked Sites do not constitute my endorsement or sponsorship of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. Also, KB is not responsible for web casting or any other form of transmission received from any linked web site. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. These Terms of Use only apply to this Site and you should always review the terms and conditions of any third party site that you access through a link from this Site.

Infringement Notification

I respect the intellectual property rights of others and require that people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to KB:

  • Your address, telephone number, and e-mail address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located, with a link if at all possible;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please send notifications of claimed infringement to: Kristian Bowes, Post Office Box 143, San Antonio, NM 87832 OR

Disclaimer of Warranties

The site, including, without limitation, all services, content, functions, and materials, is provided “as is,” “as available”, without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, accuracy, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and I hereby disclaim any and all such warranties, express and implied. I do not warrant that the site or the services, content, functions or materials contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. I make no warranty that the site will meet users’ requirements. No advice, results or information, whether oral or written, obtained by you from me or through the site shall create any warranty not expressly made herein. KB also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the site or your downloading of any materials, data, text, images, video, or audio from the site. If you are dissatisfied with the site, your sole remedy is to discontinue using the site.

Site Information

I try to ensure that the information posted on the site is correct and up-to-date. I reserve the right to change or make corrections to any of the information provided on the site at any time and without any prior warning. I cannot, and do not, guarantee the correctness, precision, thoroughness or completeness of any of the information available on the site, nor will I be liable for any inaccuracy or omission concerning any of the information provided on the site.

Limitation of Liability

In no event, including but not limited to negligence, shall KB, or any of its content or service providers (collectively, the “protected entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the site or the content, materials and functions related thereto, your provision of information via the site, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the site. In no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or your use of the site exceed, in the aggregate, the amount, if any, paid by you to KB for your use of the site or purchase of products via the site.


Users must be either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms. You hereby represent and warrant that, you are domiciled in the United States and you are 18 years old or older. In any case, you hereby represent and warrant that you are 13 years of age or older, as this Site is not intended for children under 13. A user’s right to participate in this site may be terminated without warning if KB discovers that a user is under 13 years of age.

Applicable Laws

I control and operate the Site from my office in the United States of America. I do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.


KB may terminate, change, suspend or discontinue any aspect of the Site or the Site’s services at any time. KB may restrict, suspend or terminate your access to the Site and/or its services if I believe you are in breach of the terms and conditions or applicable law, or for any other reason without notice or liability. KB maintains a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights.

Changes to Terms of Use

KB reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Terms of Use, in whole or in part, at any time. Changes in this Terms of Use will be effective when posted. Your continued use of the Site and/or the services offered on or through the Site after any changes to this Terms of Use are posted will be considered acceptance of those changes.


The Terms of Use and the relationship between you and me shall be governed by the laws of the State of New Mexico, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms of Use or out of the use of this Site shall be commenced and be heard in the appropriate court (state or federal) in the State of New Mexico, County of Socorro. You agree to submit to the personal and exclusive jurisdiction of the courts located within Socorro County in the State of New Mexico. My failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

Effective Date: August 1, 2017