Terms and Conditions
Effective: August 03, 2016
THESE TERMS AND CONDITIONS GOVERN YOUR USE OF https://www.kaplanpaving.com, WHICH IS PROVIDED BY Kaplan Paving. BY ACCESSING https://www.kaplanpaving.com, YOU AGREE TO THESE TERMS AND CONDITIONS, WITHOUT MODIFICATION, AND ACKNOWLEDGE READING THEM. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE BY Kaplan Paving AT ANY TIME IN ITS DISCRETION. YOUR USE OF https://www.kaplanpaving.com AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS AND CONDITIONS PRIOR TO EVERY USE FOR ANY CHANGES. IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS, PLEASE DISCONTINUE USE OF https://www.kaplanpaving.com.
The terms “we”, “us”, and “our” refers to Kaplan Paving. The term the “Site” refers to https://www.kaplanpaving.com. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site. The term the “Service” refers to the services and/or products provided by Kaplan Paving via https://www.kaplanpaving.com. The term the “Content” refers to information provided on the Site in any form, including graphics, artwork, photos, videos, audios, text, code, software or other material. The term “Submissions” refers to any graphics, artwork, photos, videos, audios, text, code, software or other material provided by you to Kaplan Paving via our Site, Service, or company email or regular mail.
Other Documents Included In These Terms And Conditions By Reference
Use of the Site and Service
TO ACCESS OR USE THE SITE, YOU MUST BE 18 YEARS OR OLDER AND HAVE THE NECESSARY POWER AND AUTHORITY TO ENTER INTO THESE TERMS AND CONDITIONS. CHILDREN UNDER THE AGE OF 18 ARE PROHIBITED FROM USING THIS SITE.
Content provided on the Site and in or related to the Service is subject to change. Kaplan Paving makes no representation or warranty that the Content, regardless of its source, is accurate, complete, reliable, current or error-free. Kaplan Paving disclaims all liability for any inaccuracy, unreliability, error or lack of timeliness or completeness in the Content.
Content on this Site may be provided in written, video and/or audio format and is provided for the user’s convenience for informational, educational and entertainment purposes only. Content on this Site is not intended to provide specific financial, tax, legal, physical or mental health or any other professional advice whatsoever to you, or any other individual or company, and should not be relied upon as such.
Site Licensee Status
You understand and agree that your use of the Site is limited and non-exclusive as an individual nontransferable revocable licensee. Kaplan Paving may, within our sole discretion, terminate your license to use the Site, and access to the Site, for any reason or no reason whatsoever, and without giving you notice.
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you give to Kaplan Paving will always be current, correct and complete. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
Restrictions On Use
You may use the Site and Service for lawful purposes only. You agree to use the Site and to purchase Service through the Site for legitimate purposes expressly permitted by this Site. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You may not use this site for any other purpose, including any commercial purpose, without Kaplan Paving’s express prior written consent. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
Refusal of Service
The Service is offered subject to our acceptance of your order or request for Service. We reserve the right to refuse service to any order, person or entity, without any obligation to explain our reason for doing so. An order is not deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. If we choose to refuse your order after payment has been processed, we will refund your money.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible so that we may correct the error.
Cancellations, Refunds & Returns
We do not offer refunds for digital products once they are downloaded or once access to the Site has been granted.
We endeavor to describe and display the Site and Service as accurately as possible. While we try to be as clear as possible in explaining the Service, we do not guarantee that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
Third Party Resources
The Site and the Service may contain links to third party websites and resources. These links are provided for your convenience. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Unless otherwise indicated by us, links to such websites or resources do not imply any endorsement by or affiliation with Kaplan Paving. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Links to external websites may expire over time, a situation which we do not control. We do review our Site periodically for broken and out-of-date links, and we have the right to alter, remove or post links at any time. If you would like to report problems with links on our Site, please send an email to email@example.com.
Material You Submit to the Site
Kaplan Paving prohibits the uploading, posting or otherwise making available on the Site any artwork, photos, videos, audios, text or other submission of material (collectively “Submissions”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any Submissions are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a Submission. You represent or warrant that you have the authority to use and distribute all Submissions submitted by you to the Site, as well as any Submissions sent via email to our email address or via mail to our mailing address, and that the use or display of the Submissions will not violate any laws, rules, regulations or rights of third parties.
Intellectual Property Rights to Your Submissions
We claim no intellectual property rights over your Submissions to Kaplan Paving. You retain copyright and any other rights you may rightfully hold in any Submissions which you submit through the Site or Service or via company email or postal mail. Submissions to Kaplan Paving remain yours to the extent that you have any legal claims therein. You agree to hold Kaplan Paving harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting Submissions on the Site or through the Service or submitting testimonials and other information to our email or postal address, you grant us a world wide, nonexclusive, royalty-free, perpetual, irrevocable license to use the Submissions for promotional, business development and marketing purposes.
Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement
Kaplan Paving respects the intellectual property of others, and we expect our Site users to do the same. Kaplan Paving may, in appropriate circumstances and at its discretion, refuse Service and/or Site access to users who may be intentional or repeat copyright infringers. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, or if you are uncertain whether your material is protected by copyright laws, we suggest you contact an attorney knowledgeable in copyright law. United States copyright law provides that you will be liable for damages (including damages, costs and attorneys’ fees) if you materially misrepresent that a website or web page is infringing your copyright.
If you do wish to file a notice of infringement related to our Site, please provide Kaplan Paving the following information in a writing signed (either physically or digitally) by the owner of the copyright or other intellectual property interest or a person authorized to act on his or her behalf:
1. A detailed description of the copyrighted work or other intellectual property that you claim has been infringed, sufficient to identify the property;
2. A description of where the material that you claim is infringing is located on the Site, including the URL, the exact webpage, and a description of the specific material on the page which you claim is infringing on the copyright;
3. Your name, address, telephone number, and email address;
4. 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. I also affirm that as the copyright owner or as agent authorized to act on behalf of the copyright owner, I have a good faith belief that use of the material in the manner complained of is not authorized by me, my agent, or the law.”
5.The signature of the copyright owner or a person authorized to act on behalf of the copyright owner below the above statement.
You may give the above notice to Kaplan Paving’s IP agent to the following address:
34523 N Wilson rd
Ingleside, IL 60041
Counternotification To Claimed Copyright Infringement
If a notice of copyright infringement has been filed with Kaplan Paving implicating you, Kaplan Paving will attempt to notify you and provide you with a copy of the notice of copyright infringement. If you have a good faith belief that you have been wrongfully accused, you may file a counter-notification with Kaplan Paving. If Kaplan Paving receives a valid counter-notification, the removed or blocked information will be restored or access re-enabled. The information will be restored in not less than 10, nor more than 14, business days following receipt of the counternotification, unless Kaplan Paving 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 Site.
If you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney. United States copyright law provides substantial penalties for a false counter-notice filed in response to a notice of copyright infringement.
Our Intellectual Property
The Site and Service contain intellectual property owned by Kaplan Paving, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the https://www.kaplanpaving.com name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also referred to as the “look and feel.” The entire Content of our Site is protected by intellectual property law, including international copyright and trademark laws. You are prohibited from modifying, publishing, transmitting, participating in the transfer or sale of, creating derivative works from, distributing, displaying, reproducing or performing, or in any way exploiting in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part without our prior written consent, including any and all text, graphics, code, software, video, audio, or other Content. We reserve the right to immediately remove you from the Service, without refund, or restrict you from access to the Site, if you are caught violating this intellectual property policy.
Material Connection, Good Faith Recommendations and Compensation
Unless otherwise expressly stated, you should assume that all references to products and services on https://www.kaplanpaving.com are made because material connections exist between Kaplan Paving and the vendor of the mentioned products and services (“Vendor”).
Kaplan Paving recommends products and services on https://www.kaplanpaving.com based in part on a good faith belief that the purchase of such products or services will help our users. Kaplan Paving has this good faith belief because (a) Kaplan Paving has tried the product or service mentioned prior to recommending it or (b) Kaplan Paving has researched the reputation of the Vendor and has made the decision to recommend the Vendor’s products or services based on the Vendor’s history of providing these or other products or services. The representations made by Kaplan Paving about products and services reflect Kaplan Paving‘s honest opinion based upon the facts known to Kaplan Paving at the time a product or service is mentioned on https://www.kaplanpaving.com.
Kaplan Paving‘s opinion about a product or service may be partially formed, whether knowingly or unknowingly, in part based on the fact that Kaplan Paving has been compensated or will be compensated because of Kaplan Paving‘s business relationships with the Vendor.
The type of compensation Kaplan Paving receives may vary. In some situations, Kaplan Paving may receive complimentary products, services, or money from a Vendor prior to mentioning the Vendor’s products or services on https://www.kaplanpaving.com.
In other instances, Kaplan Paving may receive a monetary commission or nonmonetary compensation when you take action based on the content of https://www.kaplanpaving.com. This includes, but is not limited to, when you purchase a product or service from a Vendor after clicking on an affiliate link on https://www.kaplanpaving.com.
In some cases, Kaplan Paving and a Vendor will have a business or personal relationship that does not involve the Kaplan Paving receiving compensation related to products and services mentioned on https://www.kaplanpaving.com. However, the nature of the relationship could be seen as sufficient to establish a material connection between the Kaplan Paving and the Vendor.
Because there may be a material connection between Kaplan Paving and Vendors of products or services mentioned on https://www.kaplanpaving.com, you should always assume that Kaplan Paving may be biased because of Kaplan Paving‘s relationship with a Vendor and/or because Kaplan Paving has received or will receive something of value from a Vendor. Therefore, it is in your own best interest for you to perform your own due diligence before purchasing a product or service mentioned on https://www.kaplanpaving.com (or any other website).
Earnings and Income Disclaimers
When https://www.kaplanpaving.com informs you about or makes reference to business opportunities or money-making opportunities, you understand and agree we have made no promise, representation, implication, warranty, suggestion, projection or guarantee whatsoever that you will make a certain amount of money, or any money, or not lose money, as a result of pursuing such opportunities or using our products and services, and that we do not authorize any such promise, representation, implication, warranty, suggestion, projection or guarantee by others.
Any earnings, revenue, or income statements or examples are based on actual individual results and/or estimates as may be stated. There is no guarantee that you will make these levels for yourself. If we know typical buyer results they are listed. Otherwise, we do not know typical buyer results and you should take that into consideration in your decision to use our product or service. As with any business, your results will vary and will be based on your personal capabilities, experience, knowledge, level of desire, work ethic, time invested and an infinite number of variables beyond our control, including variables we or you have not anticipated. Accordingly, there are no guarantees concerning the level of success you may achieve.
Testimonials, case studies, and examples found at https://www.kaplanpaving.com are exceptional results, are not representative of the typical purchaser’s experience, don’t apply to the average person and are not intended to represent or guarantee that 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 that the typical results as stated are more reliable than the testimonials and examples found at https://www.kaplanpaving.com.
We make no assurance that any prior successes or past results as to earnings or income referred to on this Site will apply in your situation, nor can any prior successes be used as an indication of your future success or results from using any of the information, content, or strategies on this Site. If you rely upon any figures provided on this Site, you must accept the entire risk of not doing as well as the information provided, and only risk capital should be used.
There are additional unknown risks in any business, particularly with the Internet where advances and changes happen very quickly, and such risk factors may not be suitable for everyone. You may not rely on any information presented on https://www.kaplanpaving.com or otherwise provided by us, unless you do so with the knowledge and understanding that you can experience significant losses (including, but not limited to, the loss of any funds used to purchase Products and Services, and/or any funds used to set up, operate, and/ or market Products and Services), and further, that you may have no earnings at all.
All information, products and services provided by Kaplan Paving are for entertainment, educational and informational purposes only. The use of our information, products and services should be based on your own due diligence when making business decisions, and you should consult your personal legal, financial and other qualified professional advisors for an independent analysis.
You agree that we are not responsible for any losses or damages resulting from your use of any link, information, or opportunity contained within https://www.kaplanpaving.com or within any information disclosed by Kaplan Paving in any form whatsoever.
MATERIALS CONTAINED ON THIS SITE OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM THIS SITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE, IN OTHER MATERIALS CONTAINED ON THIS SITE OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM THIS SITE ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.
General Disclaimers And Limitations Of Liability
THE INFORMATION ON OUR SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. INFORMATION ON OUR SITE 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. UNDER NO CIRCUMSTANCES WILL Kaplan Paving 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 THE SITE OR SERVICE, YOUR SITE USE, OR THE SITE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ADDITIONALLY, Kaplan Paving IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (a) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (b) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (c) THIRD PARTY THEFT OF, DESTRUCTION, OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE ,GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL
LIABILITY. THIS APPLIES EVEN IF Kaplan Paving WAS ADVISED OF THE POSSIBILITY OR COULD HAVE FORESEEN THE DAMAGES.
WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SITE WILL ALWAYS BE AVAILABLE, ACCESS WILL BE UNINTERRUPTED, BE ERROR-FREE, MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN OUR SITE WILL BE CORRECTED.
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.
IN NO EVENT SHALL Kaplan Paving‘S CUMULATIVE LIABILITY TO YOU 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.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of these Terms and Conditions of Use are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement; Waiver
These Terms and Conditions of Use constitute the entire agreement between you and Kaplan Paving pertaining to the Site and Service and supersedes any and all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Kaplan Paving shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Kaplan Paving.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
34523 N Wilson Rd
Ingleside, IL 60041
Governing Law; Venue; Arbitration
This Agreement shall be construed in accordance with, and governed by, the laws of the State of IL as applied to contracts that are executed and performed entirely in IL. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Lake County, IL. 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 Lake County, IL, USA. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.
Kaplan Paving does not endorse or tolerate unsolicited bulk or unsolicited commercial e-mail (“Spam”) in any form. Users’ information will not be used in any manner associated with the transmission, distribution or delivery of Spam, in accordance 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.
Kaplan Paving will use personal e-mail addresses only to provide company communication and services, and such communications will be sent only if users have subscribed to such communications. If users receive our communications and wish to be removed permanently from the https://www.kaplanpaving.com mailing list, they may do so using the optout link provided in each communication from Kaplan Paving.
Kaplan Paving continuously inspects our marketing services for full compliance with our anti-spam policy, but if you feel you have received an unsolicited email, or if you have additional questions, comments or concerns concerning unsolicited email, please send an email to firstname.lastname@example.org.
If any term, provision, covenant, or condition of these Terms and Conditions is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
Questions about these Terms and Conditions? Email us at email@example.com.
These website terms, conditions, policies, and notices are Copyright © 2013 Law Office of Lory Moore, PLLC, and licensed for use by the owner of this website at https://www.kaplanpaving.com. 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 copyright owner.