AGREEMENT BETWEEN USER AND JOSHUA MORGAN
The Joshua Morgan Web Site is comprised of various
Web pages operated by Joshua
Morgan.
The Joshua Morgan Web Site is offered to you conditioned
on your acceptance without modification of the terms, conditions, and notices contained
herein. Your use of the Joshua Morgan Web Site constitutes your agreement to all such terms, conditions,
and notices.
MODIFICATION OF THESE TERMS OF USE
Joshua Morgan reserves the right to change the
terms, conditions, and notices under which the Joshua Morgan Web Site is offered, including but not limited to the charges associated
with the use of the Joshua Morgan Web Site.
LINKS TO THIRD PARTY SITES
The Joshua Morgan Web Site may contain links to
other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Joshua Morgan and Joshua Morgan is not responsible for the contents of any Linked Site, including
without limitation any link contained in a Linked Site, or any changes or updates
to a Linked Site. Joshua Morgan is not responsible
for webcasting or any other form of transmission received from any Linked Site. Joshua Morgan is providing these links to you only
as a convenience, and the inclusion of any link does not imply endorsement by Joshua
Morgan of the site or any association with its
operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Joshua Morgan Web Site, you warrant to Joshua
Morgan that you will not use the Joshua Morgan Web Site for any
purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the Joshua Morgan Web Site in any
manner which could damage, disable, overburden, or impair the Joshua Morgan Web Site or interfere with any other party's use and
enjoyment of the Joshua Morgan Web Site. You may
not obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Joshua Morgan Web Sites.
USE OF COMMUNICATION SERVICES
The Joshua Morgan Web Site may contain bulletin
board services, chat areas, news groups, forums, communities, personal web pages,
calendars, and/or other message or communication facilities designed to enable you
to communicate with the public at large or with a group (collectively, "Communication
Services"), you agree to use the Communication Services only to post, send and receive
messages and material that are proper and related to the particular Communication
Service. By way of example, and not as a limitation, you agree that when using a
Communication Service, you will not:
- Defame, abuse, harass, stalk,
threaten or otherwise violate the legal rights (such as rights of privacy and publicity)
of others.
- Publish, post, upload, distribute
or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent
or unlawful topic, name, material or information.
- Upload files that contain
software or other material protected by intellectual property laws (or by rights
of privacy of publicity) unless you own or control the rights thereto or have received
all necessary consents.
- Upload files that contain
viruses, corrupted files, or any other similar software or programs that may damage
the operation of another's computer.
- Advertise or offer to sell
or buy any goods or services for any business purpose, unless such Communication
Service specifically allows such messages.
- Conduct or forward surveys,
contests, pyramid schemes or chain letters.
- Download any file posted by
another user of a Communication Service that you know, or reasonably should know,
cannot be legally distributed in such manner.
- Falsify or delete any author
attributions, legal or other proper notices or proprietary designations or labels
of the origin or source of software or other material contained in a file that is
uploaded.
- Restrict or inhibit any other
user from using and enjoying the Communication Services.
- Violate any code of conduct
or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect
information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Joshua Morgan has no obligation
to monitor the Communication Services. However, Joshua Morgan reserves the right to review materials posted to a Communication Service
and to remove any materials in its sole discretion. Joshua Morgan reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason whatsoever.
Joshua Morgan reserves the right at all times to
disclose any information as necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in Joshua Morgan's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Joshua Morgan does not control or endorse the content, messages or information
found in any Communication Service and, therefore, Joshua Morgan specifically disclaims any liability with regard to the Communication
Services and any actions resulting from your participation in any Communication
Service. Managers and hosts are not authorized Joshua Morgan spokespersons, and their views do not necessarily reflect those of Joshua Morgan.
Materials uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination. You are responsible for adhering to
such limitations if you download the materials.
MATERIALS PROVIDED TO Joshua Morgan OR POSTED AT ANY Joshua Morgan
WEB SITE
Joshua Morgan does not claim ownership of the materials
you provide to Joshua Morgan
(including feedback
and suggestions) or post, upload, input or submit to any Joshua
Morgan Web Site or its associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting your Submission
you are granting Joshua Morgan, its affiliated
companies and necessary sublicensees permission to use your Submission in connection
with the operation of their Internet businesses including, without limitation, the
rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to publish your name in connection
with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided
herein. Joshua Morgan is under no obligation to post or use any Submission you may
provide and may remove any Submission at any time in Joshua Morgan's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant
and represent that you own or otherwise control all of the rights to your Submission
as described in this section including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE Joshua Morgan WEB SITE MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Joshua Morgan AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE Joshua Morgan WEB SITE AT
ANY TIME. ADVICE RECEIVED VIA THE Joshua Morgan
WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS
AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED
TO YOUR SITUATION.
Joshua Morgan AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Joshua Morgan WEB SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION
OF ANY KIND. Joshua Morgan AND/OR ITS SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Joshua Morgan
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Joshua Morgan WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Joshua Morgan WEB SITE OR RELATED SERVICES, THE PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS OBTAINED THROUGH THE Joshua Morgan WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Joshua Morgan WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF Joshua Morgan OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Joshua Morgan WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THE Joshua Morgan WEB SITE.
SERVICE CONTACT : joshua @ joshuaz . com
TERMINATION/ACCESS RESTRICTION
Joshua Morgan reserves the right, in its sole discretion,
to terminate your access to the Joshua Morgan Web
Site and the related services or any portion thereof at any time, without notice.
GENERAL
To the maximum extent permitted by law, this agreement is governed by the
laws of the State of Washington, U.S.A. and you hereby consent to the exclusive
jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes
arising out of or relating to the use of the Joshua Morgan Web Site.
Use of the Joshua Morgan Web Site
is unauthorized in any jurisdiction that does not give effect to all provisions
of these terms and conditions, including without limitation this paragraph. You
agree that no joint venture, partnership, employment, or agency relationship exists
between you and Joshua Morgan as a result of this
agreement or use of the Joshua Morgan Web Site. Joshua Morgan's performance of this agreement is
subject to existing laws and legal process, and nothing contained in this agreement
is in derogation of Joshua Morgan's right to comply
with governmental, court and law enforcement requests or requirements relating to
your use of the Joshua
Morgan Web Site or information
provided to or gathered by Joshua Morgan with respect
to such use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement shall continue
in effect. Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and Joshua Morgan with respect to the Joshua Morgan Web Site and it supersedes
all prior or contemporaneous communications and proposals, whether electronic, oral
or written, between the user and Joshua Morgan with respect
to the Joshua Morgan Web Site. A printed
version of this agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this agreement
to the same extent an d subject to the same conditions as other business documents
and records originally generated and maintained in printed form. It is the express
wish to the parties that this agreement and all related documents be drawn up in
English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Joshua Morgan Web Site are:
Copyright 2007 by Joshua Morgan and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks
of their respective owners.
The example companies, organizations, products, people and events depicted herein
are fictitious. No association with any real company, organization, product, person,
or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement under United States copyright law should be sent to Service
Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE
WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright
Infringement.
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