Terms of Use

Jwayne.net / Jwayne.com / dukewayne.com
Users Agreement

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 participation.

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.

USAGE RULES

Comments by Users Are Not Endorsed by Jwayne.com/.net or dukewayne.com

Jwayne.com/.net 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 forum.
* 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 rights.
* 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 sole risk.

Use of Material Supplied by You

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.

Copyright Complaints

Jwayne.com/.net or 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/DukeWayne.com can be reached by email at DMCA-Complaint@exit-1.com

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.

Indemnification

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.

Termination

Site Provider has the right to terminate your ability to access the Site, for any reason, without notice.

Jurisdiction

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.

Links

Jwayne.com/.net 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.

Entire Agreement

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.

Contact

Email: dukewayne@exit-1.com

Mailing address:

Jwayne.com/.net or dukewayne.com
C/O Exit 1 Interactive
PO Box 1944
Dallas, GA 30132