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This User Agreement
("Agreement") governs the use of the Jwayne.net /Jwayne.com
/ DukeWayne.com web site(s)
("Site"), including our Message Forum and any other
posting systems. Please read the rules contained in this Agreement
carefully. This Agreement can be viewed at anytime from http://www.jwayne.net/terms.shtml.
Your use of the Site will constitute your agreement to comply with
these rules. If you cannot agree with these rules, please do not use
the Site. These terms may be modified by Jwayne.com from time to
time; notice of revisions to this Agreement will be announced on
this page. Continued access of the Service by you will constitute
your acceptance of any changes or revisions to the Agreement.
This Site is intended to
provide a forum for a robust and free-flowing exchange of
information, opinions and comments. Since the Site is designed to
provide an enjoyable and informative experience for all
participants, you agree to abide by certain rules regarding your
Your failure to follow these
rules, whether listed below or in bulletins posted at various points
on the Site, may result in termination of your access to the Site,
without notice, in addition to other remedies.
Comments by Users
Are Not Endorsed by Jwayne.com/.net or dukewayne.com
or dukewayne.com does not
necessarily endorse, support, sanction, encourage, verify, or agree
with the comments, opinions, or statements posted in forums, chat
room, or otherwise contained in the Site. Any information or
material placed online, including advice and opinions, are the views
and responsibility of those who post the statements, and does not
necessarily represent the views of Jwayne.com/.net or dukewayne.com.
Use of The Service by You
- Your right to use the Site
is personal to you -- you may not authorize others to use the
Site, and you are responsible for all use of the Service.
You are not to have more than
ONE account at the JWMB. Any member found to have multiple
accounts at DukeWayne.com could be banned from accessing the
- You agree not to use any
obscene, indecent, or offensive language or to place on the Site
any material that is defamatory, abusive, harassing, or hateful.
Further, you may not place on the Site any material that is
encrypted, constitutes junk mail or unauthorized advertising,
invades anyone's privacy, or encourages conduct that would
constitute a criminal offense, give rise to civil liability, or
that otherwise violates any local, state, national or
international law or regulation. You agree to use the Site only
for lawful purposes and you acknowledge that your failure to do
so may subject you to civil and criminal liability.
- You are responsible for
ensuring that any material you provide to the Site or post on a
bulletin board, including but not limited to text, photographs,
and sound, does not violate the copyright, trademark, trade
secret or any other personal or proprietary rights of any third
party or is posted with the permission of the owner(s) of such
- Material on the Site is for
your personal use only. The Site(s) contains copyrighted and other
proprietary information. You may not in any way make commercial
or other unauthorized use, by publication, retransmission,
distribution, performance, caching, or otherwise, of material
obtained through the Site, except as permitted by the Copyright
Act or other law.
- You agree not to disrupt or
interfere with the Site, nor to alter or tamper with any
information or materials on or associated with the Site.
- You acknowledge that the
Site Provider has not reviewed the content of all sites linked
to from this Site and is not responsible for the content or
actions of any other sites linked to from this Site (web ring) and does not
endorse them. Your linking to any service or site is at your
Use of Material Supplied by
Postings to and communications
with the Site are not private. You grant Jwayne.com/.net or
dukewayne.com the unrestricted
right to use, reproduce, modify, translate, transmit and distribute
any material you supply or communicate to the Site (including your
identity and information about you- if you provide it) in any medium (now in existence
or hereafter developed) and for any purpose, including commercial
uses, and to authorize others to do so.
dukewayne.com respects the intellectual property of others, and we
ask our users to do the same. Jwayne.com/.net or dukewayne.com may,
in appropriate circumstances and at its discretion, terminate the
access of users, subscribers, and account holders who infringe the
copyright rights of others.
If you believe that your work
has been copied and is accessible on the Jwayne.com/.net or
dukewayne.com site in a way
that constitutes copyright infringement, or that the Jwayne.com/.net
or dukewayne.com site(s)
contains links or other references to another online location that
contains material or activity that infringes your copyright rights,
you may notify Jwayne.com/.net or dukewayne.com by providing the information required by
the Online Copyright Infringement Liability Limitation Act of the
Digital Millennium Copyright Act, 17 U.S.C. Section 12.
Jwayne.net can be reached by
Materials Posted by Others
You agree that the Site
Provider is not responsible, and shall have no liability to you,
with respect to any information or materials posted by others,
including defamatory, offensive or illicit material.
You agree to indemnify the
Site Provider and its affiliates, employees, agents and
representatives, and to hold them harmless, from any and all claims
and liabilities (including attorneys fees) which may arise from your
submissions, from your unauthorized use of material obtained through
the Site, or from your breach of this Agreement, or from any such
acts through your use of the Site.
Editing and Deletions
The Site Provider reserves the
right, but undertakes no duty, to review, edit, move, or delete any
material provided for display or placed on the Site or its forums,
in its sole discretion, without notice.
DISCLAIMER OF WARRANTY AND
LIMITATION OF LIABILITY:
YOU ACKNOWLEDGE THAT YOU ARE
USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS
IS", AND THE SITE PROVIDER AND ITS AFFILIATES HEREBY EXPRESSLY
DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT
NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE,
MERCHANTABILITY, NON INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE
OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION,
WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT
LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED
THEREIN OR PROVIDED BY THE SERVICE. SERVICE PROVIDER AND ITS
AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE WILL
BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR
OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES
WILL BE TRANSMITTED ON THE SITE.
THE SITE PROVIDER AND ITS
AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY
DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
ALLEGEDLY SUSTAINED ARISING OUT OF YOUR ACCESS TO OR INABILITY TO
ACCESS THE SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED
FROM THE SITE, YOUR USE OF OR RELIANCE ON THE SITE OR ANY OF THE
INFORMATION OR MATERIALS AVAILABLE ON THE SITE, REGARDLESS OF THE
TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE
OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Site Provider has the right to
terminate your ability to access the Site, for any reason, without
You agree that this Agreement,
for all purposes, shall be governed and construed in accordance with
the laws of the State of Georgia applicable to contracts to be
wholly performed therein, and any action based on or alleging a
breach of this Agreement must be brought in a state or federal court
in Atlanta, Georgia USA. In addition, you agree to submit to the
personal jurisdiction and venue of such courts.
or dukewayne.com may provide, or
third parties may provide, links to other World Wide Web sites or
resources. Because Jwayne.com/.net or dukewayne.com has no control over such sites and
resources, you acknowledge and agree that Jwayne.com/.net or
dukewayne.com is not
responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for
any Content, advertising, products, or other materials on or
available from such sites or resources. You further
acknowledge and agree that Jwayne.com/.net or dukewayne.com shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on
any such Content, goods or services available on or through any such
site or resource.
This Agreement is the complete
and entire agreement between the parties and supersedes any prior
agreement, whether written or oral.
If you don't agree to the
terms contained in this Agreement, please
exit the Site.
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