JAMES LUNSFORD.COM Web
Site Terms of Use
This agreement
("Agreement" or "Terms of Use") between you and JAMES
LUNSFORD.COM sets forth the terms and conditions which apply to the use by you
of the JAMES LUNSFORD.COM Web Site (collectively, "Services"), except
to the extent provided otherwise in a written agreement signed by you and JAMES
LUNSFORD.COM. Subject to the terms and conditions below, and your acceptance
thereof, JAMES LUNSFORD.COM agrees to grant, and you agree to take, a
non-exclusive, non-transferable, single computer license to use and display the
Services and related software for your non-commercial use (except for internal,
non-public, demonstration for the sole purpose of evaluating JAMES
LUNSFORD.COM’S Services) by any machine(s) of which you are the primary user
("Limited License"). Without limiting the foregoing, you agree not to
use the contents of Services for any other use or purpose. You further agree that
you will not, and will not attempt, to copy or distribute the content of the
Services to any other person or otherwise violate the single computer,
non-commercial display and use Limited License granted hereunder. If you do not
understand and accept the provisions, do not use the Services. Your use of the
Services shall be deemed to constitute your acceptance of this Agreement and
all of JAMES LUNSFORD.COM's rules and restrictions related to the Services, as
they may change from time to time.
Lawful
Use:
You agree to use the Services only as lawful in the United States, and all
jurisdictions and subdivisions thereof, and in any nation and jurisdiction in
the world, and all subdivisions thereof, with respect to which you use, access
or reach out to with regard to the Services. Without limiting the foregoing,
you agree not to post on or transmit through the Services any material which
violates or infringes in any way upon the rights of others; is threatening,
abusive or harassing; is defamatory; is invasive of privacy or publicity
rights; is obscene; is lewd, lascivious, filthy, excessively violent or
otherwise objectionable; or which encourages conduct that would violate any law
or give rise to civil or criminal liability under any law. You agree to abide
by the terms and conditions of this Agreement and any additional terms,
conditions, rules or procedures imposed by JAMES LUNSFORD.COM or by third-party
content providers in connection with third-party content, software or services
available on or through the Services.
Rights:
The content of this site includes copyrighted materials, trademarks and other
proprietary information, which may include, without limitation, text, software,
photos, video, audio visual recordings, graphics, music and sound. The entire
contents of this site are copyrighted as a collective work under the United
States copyright laws and/or similar laws of other jurisdictions. JAMES
LUNSFORD.COM owns a copyright in the selection, coordination, arrangement and
enhancement of such content, as well as in the content original to JAMES
LUNSFORD.COM. Third-party content providers own the copyright in content that
is original to them. , JAMES LUNSFORD.COM, JAMES LUNSFORD.COM and are
trademarks and service marks of JAMES LUNSFORD.COM. All rights are reserved.
All other trademarks and service marks appearing on the site are the property
of their respective owners, including, in some instances, JAMES LUNSFORD.COM.
All rights are reserved. Use of any of our trademarks, service marks or names
as "metatags" on other web sites is prohibited. You may not display
our Services or content in frames or "in-line links" without express
written permission from JAMES LUNSFORD.COM (e-mail requests to admin@jameslunsford.com).
You agree not to encumber, license, modify, publish, copy, sell, transfer,
transmit, or in any way exploit, any of the content of the Services, nor will
you attempt to do so. Except as otherwise expressly permitted by applicable
law, you agree not to copy, redistribute, publish or otherwise exploit material
which you download from the Services without the express prior written
permission of JAMES LUNSFORD.COM and the owner of such material (from whom you
are solely responsible for obtaining permission). You further agree and
acknowledge that you shall not acquire any ownership rights by downloading
material from the Services.
JAMES LUNSFORD.COM does not solicit submissions, creative materials, ideas or
suggestions other than those JAMES LUNSFORD.COM specifically requests. Any
communications or materials you transmit to JAMES LUNSFORD.COM by electronic
email or otherwise including, without limitation, data, questions, comments,
ideas, images, writings, music, sounds, audiovisual effects, artwork, design
elements, graphics, suggestions, concepts, biographical information, notes or
message postings, will be treated as non-confidential and non-proprietary. You
hereby unconditionally and irrevocably transfer and assign to JAMES
LUNSFORD.COM, its parent and its and their affiliates, subsidiaries, successors
and assigns, in perpetuity, the royalty-free right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
incorporate into other works, distribute, perform, display and otherwise
exploit the material you send to JAMES LUNSFORD.COM, in all languages and
throughout the universe, in any form, media or technology now known or
hereafter devised. You acknowledge and expressly agree that any such
communications or materials you transmit or post may be used by JAMES
LUNSFORD.COM, its parent and their affiliates, subsidiaries, successors and
assigns, for any purpose whatsoever, including, without limitation, developing,
manufacturing and marketing products using such information, and you hereby
waive the right to receive any financial or other consideration in connection
with such information, including, without limitation, credit.
Usage
Rules:
You agree not to use bots, spiders or intelligent agent software (or other
methods) for any purpose other than accessing publicly posted portions of the
Services and then only for the purposes consistent with the Limited License and
these Terms of Use. You agree not to, and not to attempt to, circumvent any
access or use restrictions, data encryption or content protection related to
the Services; not to data mine the Services and not to in any way cause harm to
or burden the Services. You agree that you will not post on or transmit through
the Services any advertising or commercial solicitation of any kind whatsoever,
including, without limitation, via e-mail, without JAMES LUNSFORD.COM's express
prior written approval and, if then, solely in accordance with the terms and
conditions imposed by JAMES LUNSFORD.COM with respect thereto. You further agree
not to use the Services, or any element or portion thereof (including, without
limitation, e-mail addresses of users), for any commercial purpose whatsoever.
You agree not to use the Services in any way that abuses, defames, stalks,
annoys, threatens or violates the rights of privacy, publicity, intellectual
property or other legal rights of others (now or hereafter recognized) or to
post, publish, distribute, disseminate or upload any inappropriate, infringing,
defamatory, profane, indecent, obscene or illegal/unlawful matters, including,
without limitation, information, topics, names or other material.
Additions
and Changes:
You agree to review these Terms of Use on at least a weekly basis to be aware
of Changes (as defined herein). Our employees cannot change the terms of this
Agreement except as posted on these Services.
JAMES LUNSFORD.COM has the right, at any time, to:
(a) add, change or discontinue any aspect or feature of the Services,
including, but not limited to, content, financial terms, availability and
equipment needed for access or use;
(b) impose, change or modify its terms and conditions applicable to your use of
the Services, or any part thereof; and/or
(c) to impose, change or modify the terms and conditions of this Agreement
("Changes"). Such Changes shall be effective immediately upon notice
by posting the Changes on JAMES LUNSFORD.COM's Services or by any other method
of notice JAMES LUNSFORD.COM deems appropriate. Any use of the Services by you
after notice of the Changes, constitutes acceptance by you of such Changes.
Disclaimers;
Limitations; and Waivers of Liability:
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND IS
PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF NON INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT OF ANY WARRANTIES INCAPABLE OR
EXCLUSION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT). WITHOUT LIMITING THE
FOREGOING, NEITHER JAMES LUNSFORD.COM NOR ITS AFFILIATES, EMPLOYEES, AGENTS,
ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICES
WILL BE UNINTERRUPTED OR ERROR FREE.
OIC DISTRIBUTES CONTENT SUPPLIED BY THIRD PARTIES AND USERS OF THE SERVICES AND
PROVIDES LINKS TO EXTERNAL LOCATIONS OPERATED BY THIRD PARTIES. ALL
COMMUNICATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, BY OTHER USERS, IS SOLELY MADE BY THE RESPECTIVE
AUTHOR(S) OR DISTRIBUTOR(S), AND NEITHER JAMES LUNSFORD.COM NOR ITS AFFILIATES,
EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS
GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS THEREOF, OR ITS
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE; NOR DO THEY MAKE ANY
GUARANTEE, ENDORSEMENT OR WARRANTY WITH RESPECT THERETO. YOU ACKNOWLEDGE THAT
IT IS YOUR SOLE RESPONSIBILITY TO SEEK THE ADVICE OF PROFESSIONALS, AS
APPROPRIATE, REGARDING THE EVALUATION OF ANY COMMUNICATION AND AGREE TO USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WITH RESPECT TO ALL COMMUNICATION AND
TRANSACTIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED
HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED
TO USE OF, OR INABILITY TO USE, THE SERVICES UNDER ANY CAUSE OR ACTION
WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR
BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT NEITHER OIC NOR ITS
AFFILIATES, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS OR
LICENSORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE
OF, OR INABILITY TO USE, THE SERVICES. YOU FURTHER SPECIFICALLY ACKNOWLEDGE
THAT NEITHER OIC NOR ITS AFFILIATES, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY
CONTENT PROVIDERS OR LICENSORS ARE LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD
OIC OR ITS AFFILIATES, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT
PROVIDERS OR LICENSORS LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING
OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK
OF THE SERVICES AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS
ENTIRELY WITH YOU.
You agree that JAMES LUNSFORD.COM shall have the right, but not the obligation,
to monitor the content of the Services and the use of Services by you and other
users (including, without limitation, by keystroke capture) to determine
compliance with this Agreement and for any other purpose deemed appropriate by
JAMES LUNSFORD.COM and further that JAMES LUNSFORD.COM may use the information
gathered during such monitoring for any purpose deemed appropriate by JAMES
LUNSFORD.COM to the extent permitted by law. You further agree that, subject
only to JAMES LUNSFORD.COM 's Privacy
Policy as it may change from time to time, personal data provided
by you to OIC may be used, to the extent permitted by law, for any purpose
JAMES LUNSFORD.COM deems appropriate and may, within JAMES LUNSFORD.COM's sole
discretion, be given or sold to our affiliates or third parties. You
acknowledge that you understand that when you disclose personal information
(e.g., user name, e-mail address) on the Services, that information can be
monitored, collected and used by others and may result in unsolicited messages
from other users or other third parties and that you consent to all such
monitoring, collection and use. If you object to our sharing of your personal information,
you may opt out of information governed by mandatory opt out provisions under
the Financial Services Modernization Act and the Fair Reporting Act, to the
extent required by such acts, if we ever collect such information and even
though we are not governed by those acts.
Editing/Blocking:
You agree that JAMES LUNSFORD.COM in its sole discretion, shall have the right,
but not the obligation, to edit, refuse to post or remove any material
submitted to or posted on the Services, for any reason whatsoever, including,
without limitation, if JAMES LUNSFORD.COM considers that the material
constitutes or promotes gambling or any illegal activity, or if JAMES
LUNSFORD.COM considers the material to be pornographic, sexually explicit,
lewd, lascivious, filthy, excessively violent, harassing or otherwise
objectionable. Notwithstanding the foregoing, you shall remain solely
responsible for the content of material you upload, post or otherwise make
available on the Services. Furthermore, you acknowledge that the Services may
not be monitored and that you do not rely on JAMES LUNSFORD.COM to monitor or
edit the Services and that the Services may contain content which you find
offensive, and you hereby waive any objections you might have with respect to
viewing such content.
External
Locations / Linking:
The Services may contain links to external locations (e.g., other web sites,
etc.) and the ability to access external portions of the Internet. You agree
that JAMES LUNSFORD.COM is not responsible for the availability of these
external locations, the content, including, without limitation, solicitations
thereon or products or services made available thereby. You acknowledge that
some external locations may contain materials or communications which are
unedited, untrue, illegal in some jurisdictions and may be offensive. You agree
to access external locations at your own risk and not to permit minors to have
access in inappropriate material. You agree that JAMES LUNSFORD.COM shall not
be held responsible or liable, directly or indirectly, for any loss or damage
caused or alleged to have been caused in any way whatsoever related to any such
external location. Any concerns regarding any external location should be
directed to its respective site administrator, systems operator or webmaster
and to admin@jameslunsford.com.
You will not link to www.jameslunsford.com
without the prior written approval of JAMES LUNSFORD.COM; contact admin@jameslunsford.com.
Indemnification:
You agree to defend, indemnify and hold harmless JAMES LUNSFORD.COM and its
parent, subsidiaries, affiliates, employees, agents, attorneys, third-party
content providers and licensors from and against all claims and expenses,
including attorneys' fees and costs, arising out of your use of the Services
and/or your breach or alleged breach of any term, condition, obligation,
representation or warranty in this Agreement.
Equipment:
You agree to be responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for access to and use of the
Services, and you shall be responsible for all charges related thereto.
Governing
Law:
This Agreement and all aspects of the Services shall be governed by and
construed in accordance with the internal laws of the United States and the
State of California governing contracts entered into and to be fully performed
in California (i.e., without regard to conflict of laws provisions) regardless
of your location. You acknowledge that the rights granted and obligations made
hereunder to JAMES LUNSFORD.COM are of a unique and irreplaceable nature, the
loss of which shall irreparably harm JAMES LUNSFORD.COM and which cannot be
replaced by monetary damages so that JAMES LUNSFORD.COM shall be entitled to
seek injunctive or other equitably relief (without the obligations of posting
any bond or surety) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief
and agree to limit your claims to claims for money damages. You agree that any
suit, action or proceeding arising out of or relating to this Agreement or any
of the transactions contemplated herein (including without limitation,
statutory, equitable or tort claims) shall be instituted and prosecuted under
the exclusive jurisdiction of any state or Federal court empowered to enforce
this Agreement located in Los Angeles County, California and waive any
objection thereto on the basis of personal jurisdiction or venue. However,
JAMES LUNSFORD.COM may, in its sole and exclusive discretion, exercise the
option to initiate (or to dismiss its suit, action or proceeding in California
and then initiate) any such suit, action or proceeding in any court of
competent jurisdiction in any territory in which you are present or conduct
business or other activities. In any suit, action or proceeding initiated in
any state or federal court in California, you and JAMES LUNSFORD.COM
irrevocably submit to the jurisdiction and venue of all state and federal
courts of California and waive any and all objection to such jurisdiction that
either may have under the laws of the State of California, the United States or
otherwise and also waive any right to challenge the convenience of California
as an appropriate forum. JAMES LUNSFORD.COM and you hereby waive their
respective rights to trial by jury of any cause of action, claim, counterclaim
or cross-complaint in any action, proceeding and/or hearing brought by either
JAMES LUNSFORD.COM against you or you against JAMES LUNSFORD.COM on any matter
whatsoever arising out of, or in any way connected with, this Agreement, the
relationship between JAMES LUNSFORD.COM and you, any claim of injury or damage
or the enforcement of any remedy under any law, statute or regulation,
emergency or otherwise, now or hereafter in effect.
Miscellaneous:
These Terms of Use constitute the entire agreement of the parties with respect
to the subject matter hereof and supersedes all previous written or oral
agreements between the parties hereto with respect to such subject matter. No
waiver by either party of any breach or default hereunder shall be deemed to be
a waiver of any preceding or subsequent breach or default. The section headings
used herein are for convenience only and shall not be given any legal import.
You hereby waive any and all defenses you may have based on the electronic form
of this Agreement and the lack of signing by the parties hereto to execute this
Agreement.
Complaints
or Notices:
JAMES LUNSFORD.COM takes the intellectual property rights of others very
seriously and complies with the complaint procedures of the Digital Millennium
Copyright Act. If you believe that any of the material on our Services
infringes any rights, including copyrights or trademarks, owned by you, or by
an owner for which you are authorized to act, please send the specific details
of your claimed infringement to us via email or letter to the contact listed below.
Name of Agent Designated to Receive Notification of Claimed Infringement: admin@jameslunsford.com.
DO NOT SEND ANY INQUIRIES UNRELATED TO INTELLECTUAL PROPERTY INFRINGEMENT
(e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL
ABUSE, etc.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF
SENT TO THAT CONTACT. All other correspondence should be sent to admin@jameslunsford.com.
In your notification to us, please include the following information:
1. Identification of the copyrighted work(s) claimed to have been infringed and
statement of ownership to such work(s);
2. Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit us to locate
the material;
3. Information reasonably sufficient to permit us to contact you, such as an
address, telephone number and email address at which you may be contacted;
4. A statement that you have a good faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its agent,
or the law;
5. A statement, under penalty of perjury, that the information in the
notification is accurate and that you are authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed; and
6. Your physical or electronic signature.
If you have questions about this policy, please email us at admin@jameslunsford.com..
Legal
Notices
JAMES LUNSFORD, JAMES LUNSFORD.COM, OICWeb.Com and Objective Integrated
Communications are trademarks OF JAMES LUNSFORD.COM. All rights reserved.
© 2002 JAMES LUNSFORD.COM. All rights reserved.