Loading
Revised Copyright Notice
(originally posted 03/09/2023)
Copyright Notice
Continuation/Revision Notice: This is a continuation and revision of the public announcement published on the Eight day of the third Month in year of our Lord two thousand and twenty-three. Revision: The tradename/trademark JAMES DELISCO BEEKS© is common-law copyrighted and protected under the Berne Convention Copyright number 00078782-1.
Continuation/Copyright Notice: All rights reserved regarding the common-law copyright of the trade name/trademark “JAMES DELISCO BEEKS©,” including any and all derivatives and variations in the spelling of said trade name/trademark. This copyright is a continuance and revision of the original publication, Common Law Copyright© 1972 by James DeLisco Beeks©. The common-law trade name/trademark, “JAMES DELISCO BEEKS©,” may neither be used nor reproduced, either in whole or in part, nor in any manner whatsoever, without the prior, express, written consent and acknowledgment of James DeLisco Beeks©, as signified by the red-ink signature of James DeLisco Beeks©, hereinafter referred to as the “Secured Party.”
With the intent of being contractually bound, any juristic person, as well as the agent of said juristic person, consents and agrees by this Copyright Notice that neither said juristic person nor the agent of said juristic person shall display, nor otherwise use in any manner, the common-law trade name/trademark “JAMES DELISCO BEEKS©,” nor the common-law copyright described herein, nor any derivative of, nor any variation in the spelling of, “JAMES DELISCO BEEKS©,” without the prior, express, written consent and acknowledgment of the Secured Party, as signified by the Secured Party's signature in red ink.
The Secured Party neither grants, implies, nor otherwise gives consent for any unauthorized use of “JAMES DELISCO BEEKS©,” and all such unauthorized use is strictly prohibited. The Secured Party is not now, nor has ever been, an accommodation party, nor a surety, for the purported debtor, i.e., “JAMES DELISCO BEEKS,” nor for any derivative of, nor for any variation in the spelling of, said name, nor for any other juristic person, and is indemnified and held harmless by the Debtor, i.e., “JAMES DELISCO BEEKS,” in Hold-harmless and Indemnity Agreement No. JDB-060772-HHIA, dated the Seventh Day of the Sixth Month in the Year of Our Lord One Thousand Nine Hundred Seventy-Two, against any and all claims, legal actions, orders, warrants, judgments, demands, liabilities, losses, depositions, summonses, lawsuits, costs, fines, liens, levies, penalties, damages, interest, and expenses whatsoever, both absolute and contingent, as are due and as might become due, now existing and as might hereafter arise, and as might be suffered by, imposed on, and incurred by the Debtor for any and every reason, purpose, and cause whatsoever.
Self-executing Contract/Security Agreement in Event of Unauthorized Use: By this Copyright Notice, both the juristic person and the agent of said juristic person, hereinafter jointly and severally referred to as “User,” consent and agree that any use of “JAMES DELISCO BEEKS©” other than authorized use as set forth above constitutes unauthorized use and counterfeiting of the Secured Party's common-law copyrighted property, contractually binds the User, renders this Copyright Notice a Security Agreement wherein the User is the debtor and James DeLisco Beeks© is the Secured Party, and signifies that the User:
1. Grants the Secured Party a security interest in all of the User's assets, land, and personal property, and all of the User's interest in assets, land, and personal property, in the sum certain amount of $500,000.00 per each occurrence of use of the common-law copyrighted trade name/trademark “JAMES DELISCO BEEKS©,” and for each and every occurrence of use of any and all derivatives of, and variations in the spelling of, “JAMES DELISCO BEEKS©,” plus costs, plus triple damages;
2. Authenticates this Security Agreement wherein the User is the debtor and James DeLisco Beeks© is the Secured Party, and wherein the User pledges all of the User's assets, land, consumer goods, farm products, inventory, equipment, money, investment property, commercial tort claims, letters of credit, letter-of-credit rights, chattel paper, instruments, deposit accounts, accounts, documents, and general intangibles, and all the User's interest in all such foregoing property, now owned and hereafter acquired, now existing and hereafter arising, and wherever located, as collateral for securing the User's contractual obligation in favor of the Secured Party for the User's unauthorized use of the Secured Party's common-law copyrighted property;
3. Consents and agrees with the Secured Party's filing of a UCC Financing Statement in the UCC filing office, as well as in any county recorder's office, wherein the User is the debtor and James DeLisco Beeks© is the Secured Party;
4. Consents and agrees that said UCC Financing Statement described above in paragraph “(3)” is a continuing financing statement, and further consents and agrees with the Secured Party's filing of any continuation statement necessary for maintaining the Secured Party's perfected security interest in all of the User's property and interest in property, pledged as collateral in this Security Agreement and described above in paragraph “(2),” until the User's contractual obligation theretofore incurred has been fully satisfied;
5. Consents and agrees with the Secured Party's filing of any UCC Financing Statement, as described above in paragraphs “(3)” and “(4),” as well as the filing of any Security Agreement, as described above in paragraph “(2),” in the UCC filing office, as well as in any county recorder's office;
6. Consents and agrees that any and all such filings described in paragraphs “(4)” and “(5)” above are not, and may not be considered, bogus, and that the User will not claim that any such filing is bogus;
7. Waives all defenses; and
8. Appoints the Secured Party as Authorized Representative for the User, effective upon the User's default regarding the User's contractual obligations in favor of the Secured Party as set forth below under “Payment Terms” and “Default Terms,” granting the Secured Party full authorization and power for engaging in any and all actions on behalf of the User, including, but not limited to, authentication of a record on behalf of the User, as the Secured Party, in the Secured Party's sole discretion, deems appropriate, and the User further consents and agrees that this appointment of the Secured Party as Authorized Representative for the User, effective upon the User's default, is irrevocable and coupled with a security interest.
User further consents and agrees with all of the following additional terms of the Self-executing Contract/Security Agreement in Event of Unauthorized Use:
Payment Terms: In accordance with fees for unauthorized use of “JAMES DELISCO BEEKS©” as set forth above, the User hereby consents and agrees that the User shall pay the Secured Party all unauthorized-use fees in full within ten (10) days of the date the User is sent the Secured Party's invoice, hereinafter referred to as “Invoice,” itemizing said fees.
Default Terms: In the event of non-payment in full of all unauthorized-use fees by the User within ten (10) days of the date the Invoice is sent, the User shall be deemed in default and:
a) All of the User's property and property pledged as collateral by the User, as set forth above in paragraph “(2),” immediately becomes, i.e., is, the property of the Secured Party;
b) The Secured Party is appointed the User's Authorized Representative as set forth above in paragraph “(8)”; and
c) The User consents and agrees that the Secured Party may take possession of, as well as otherwise dispose of in any manner that the Secured Party, in the Secured Party's sole discretion, deems appropriate, including, but not limited to, sale at auction, at any time following the User's default, and without further notice, any and all of the User's property and interest, described above in paragraph “(2),” formerly pledged as collateral by the User, now property of the Secured Party, in respect of this “Self-executing Contract/Security Agreement in Event of Unauthorized Use,” that the Secured Party, again in the Secured Party's sole discretion, deems appropriate.
Terms for Curing Default: Upon the event of default, as set forth above under “Default Terms,” irrespective of any and all of the User's former property and interest in property, described above in paragraph “(2),” in the possession of, as well as disposed of by, the Secured Party, as authorized above under “Default Terms,” the User may cure the User's default only regarding the remainder of the User's said former property and interest in property, formerly pledged as collateral that is neither in the possession of, nor otherwise disposed of by, the Secured Party within twenty (20) days of the date of the User's default only by payment in full.
Terms of Strict Foreclosure: The User's non-payment in full of all unauthorized-use fees itemized in the Invoice within said twenty-(20) day period for curing default as set forth above under “Terms for Curing Default” authorizes the Secured Party's immediate non-judicial strict foreclosure on any and all remaining former property and interest in property, formerly pledged as collateral by the User, now property of the Secured Party, which is not in the possession of, nor otherwise disposed of by, the Secured Party upon expiration of said twenty-(20) day default-curing period.
Ownership subject to common-law copyright and UCC Financing Statement No.202401990346. Record Owner: James DeLisco Beeks© Date: July 26, 2024
September 5, 2024 24-02809W