1. Definitions.
"Fowlkes Family Online Community" ("MyFowlkes.com")
is the interactive on-line service operated by The WillTech Consulting Company
("WillTech") on the World Wide Web of the Internet, consisting of
information services and content provided by WillTech, affiliates of WillTech and
other third parties. "Subscriber" means each person who establishes or accesses
a connection ("Account") for access to and use of MyFowlkes.com.
2. General.
(A) This Agreement, which incorporates by reference other provisions applicable to
use of MyFowlkes.com, including, but not limited to, supplemental terms and
conditions set forth in paragraph 14 hereof ("Supplemental Terms") governing
the use of certain specific material contained in MyFowlkes.com, sets forth the
terms and conditions that apply to use of MyFowlkes.com by Subscriber. By
using MyFowlkes.com (other than to read this Agreement for the first time),
Subscriber agrees to comply with all of the terms and conditions hereof. The
right to use MyFowlkes.com is personal to Subscriber and is not transferable to
any other person or entity. Subscriber is responsible for all use of Subscriber's
Account (under any screen name or password) and for ensuring that all use of
Subscriber's Account complies fully with the provisions of this Agreement.
Subscriber shall be responsible for protecting the confidentiality of Subscriber's
password(s), if any.
(B) WillTech shall have the right at any time to change or discontinue
any aspect or feature of MyFowlkes.com, including, but not limited to, content,
hours of availability, and equipment needed for access or use.
3. Changed Terms.
WillTech shall have the right at any time to
change or modify the terms
and conditions applicable to Subscriber's use of MyFowlkes.com, or any part thereof,
or to impose new conditions, including, but not limited to, adding fees and charges for
use. Such changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by means including, but not
limited to, posting on MyFowlkes.com, or by electronic or conventional mail, or by
any other means by which Subscriber obtains notice thereof. Any use of MyFowlkes.com
by Subscriber after such notice shall be deemed to constitute acceptance by
Subscriber of such changes, modifications or additions.
4. Equipment.
Subscriber shall be responsible for obtaining and
maintaining all
telephone, computer hardware and other equipment needed for access to and use of
MyFowlkes.com and all charges related thereto.
5. Subscriber Conduct.
(A) Subscriber shall use MyFowlkes.com for lawful purposes
only. Subscriber
shall not post or transmit through MyFowlkes.com any material which violates
or infringes in any way upon the rights of others, which is unlawful,
threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar,
obscene, profane or otherwise objectionable, which encourages conduct that
would constitute a criminal offense, give rise to civil liability or otherwise
violate any law, or which, without WillTech's express prior approval, contains
advertising or any solicitation with respect to products or services. Any
conduct by a Subscriber that in WillTech's discretion restricts or inhibits any other
Subscriber from using or enjoying MyFowlkes.com will not be permitted.
Subscriber shall not use MyFowlkes.com to advertise or perform any
commercial solicitation, including, but not limited to, the solicitation of users to
become subscribers of other on-line information services competitive with
MyFowlkes.com.
(B) MyFowlkes.com contains copyrighted material, trademarks and other
proprietary information, including, but not limited to, text, software, photos,
video, graphics, music and sound, and the entire contents of MyFowlkes.com
are copyrighted as a collective work under the United States copyright laws.
WillTech owns a copyright in the selection, coordination, arrangement and
enhancement of such content, as well as in the content original to it.
Subscriber may not modify, publish, transmit, participate in the transfer or sale,
create derivative works, or in any way exploit, any of the content, in whole or
in part. Subscriber may download copyrighted material for Subscriber's
personal use only. Except as otherwise expressly permitted under copyright
law, no copying, redistribution, retransmission, publication or commercial
exploitation of downloaded material will be permitted without the express
permission of WillTech and the copyright owner. In the event of any permitted
copying, redistribution or publication of copyrighted material, no changes in or
deletion of author attribution, trademark legend or copyright notice shall be
made. Subscriber acknowledges that it does not acquire any ownership rights
by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on
MyFowlkes.com any material protected by copyright, trademark or other proprietary
right without the express permission of the owner of the copyright, trademark
or other proprietary right and the burden of determining that any material is not
protected by copyright rests with Subscriber. Subscriber shall be solely liable
for any damage resulting from any infringement of copyrights, proprietary
rights, or any other harm resulting from such a submission. By submitting
material to any public area of MyFowlkes.com, Subscriber automatically grants,
or warrants that the owner of such material has expressly granted WillTech the
royalty-free, perpetual, irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate and distribute such material (in
whole or in part) worldwide and/or to incorporate it in other works in any
form, media or technology now known or hereafter developed for the full term
of any copyright that may exist in such material. Subscriber also permits any
other Subscriber to access, view, store or reproduce the material for that
Subscriber's personal use. Subscriber hereby grants WillTech the right to edit,
copy, publish and distribute any material made available on MyFowlkes.com by
Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit of WillTech, its
subsidiaries, affiliates and its third party content providers and licensors and
each shall have the right to assert and enforce such provisions directly or on its
own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF MYFOWLKES.COM
IS AT SUBSCRIBER'S SOLE RISK. NEITHER WILLTECH, ITS AFFILIATES
NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD
PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT MYFOWLKES.COM
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO
THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM USE OF MYFOWLKES.COM, OR AS TO THE
ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION,
SERVICE, OR MERCHANDISE PROVIDED THROUGH MYFOWLKES.COM.
(B) MYFOWLKES.COM 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 MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH
ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR
MODIFICATION UNDER THE LAWS APPLICABLE TO THIS
AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR
INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT WILLTECH IS NOT
LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT
OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK
OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH
SUBSCRIBER.
(D) IN NO EVENT WILL WILLTECH, OR ANY PERSON OR ENTITY INVOLVED IN
CREATING, PRODUCING OR DISTRIBUTING MYFOWLKES.COM OR
THE MYFOWLKES.COM SOFTWARE, BE LIABLE FOR ANY
DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE MYFOWLKES.COM.
SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE
PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON
MYFOWLKES.COM.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, WILLTECH,
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR
DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR
OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF,
THE INFORMATION CONTAINED WITHIN MYFOWLKES.COM, OR
FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION
THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING
THEREFROM OR OCCASIONED THEREBY. NONE OF THE
FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY
CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT
LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL
DAMAGES. PRIOR TO THE EXECUTION OF A STOCK TRADE,
SUBSCRIBERS ARE ADVISED TO CONSULT WITH YOUR BROKER
OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING
OR OTHER INFORMATION. WILLTECH, ITS AFFILIATES, INFORMATION
PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO
LIABILITY FOR INVESTMENT DECISIONS BASED ON THE
INFORMATION PROVIDED. NEITHER, WILLTECH, NOR ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR
GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR
COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE
ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE
USE OF THE INFORMATION.
7. Monitoring.
WillTech shall have the right, but not the
obligation, to monitor the content
of MyFowlkes.com, including chat rooms and forums, to determine compliance with
this Agreement and any operating rules established by WillTech and to satisfy any law,
regulation or authorized government request. WillTech shall have the right in its sole
discretion to edit, refuse to post or remove any material submitted to or posted on
MyFowlkes.com. Without limiting the foregoing, WillTech shall have the right to remove
any material that WillTech, in its sole discretion, finds to be in violation of the
provisions hereof or otherwise objectionable.
8. Indemnification.
Subscriber agrees to defend, indemnify and hold
harmless WillTech, its
affiliates and their respective directors, officers, employees and agents from and
against all claims and expenses, including attorneys' fees, arising out of the use of
MyFowlkes.com by Subscriber or Subscriber's Account.
9. Termination.
Either WillTech or Subscriber may terminate this
Agreement at any time.
Without limiting the foregoing, WillTech shall have the right to immediately terminate
Subscriber's Account in the event of any conduct by Subscriber which WillTech, in
its sole
discretion, considers to be unacceptable, or in the event of any breach by Subscriber of
this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section
9 shall survive termination of this Agreement.
10. Trademarks.
WillTech, MyFowlkes.com , and Fowlkes Family Online
Community and each
of their logos are trademarks of the WillTech Consulting Company. All rights reserved.
All other trademarks appearing on MyFowlkes.com are the property of their respective
owners.
11. Third Party Content.
WillTech is a distributor (and not a publisher)
of content supplied by
third parties and Subscribers. Accordingly, WillTech has no more editorial control over
such content than does a public library, bookstore, or newsstand. Any opinions,
advice, statements, services, offers, or other information or content expressed or made
available by third parties, including information providers, Subscribers or any other
user of MyFowlkes.com, are those of the respective author(s) or distributor(s) and not
of WillTech. Neither WillTech nor any third-party provider of information guarantees
the accuracy, completeness, or usefulness of any content, nor its merchantability
or fitness for any particular purpose. (Refer to Section 6 above for the complete
provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through MyFowlkes.com represents the
opinions and judgments of the respective information provider, Subscriber, or other
user not under contract with WillTech. WillTech neither endorses nor is responsible
for the
accuracy or reliability of any opinion, advice or statement made on MyFowlkes.com
by anyone other than authorized WillTech employee spokespersons while acting in their
official capacities. Under no circumstances will WillTech be liable for any loss or
damage
caused by a Subscriber's reliance on information obtained through MyFowlkes.com. It
is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness
of any information, opinion, advice or other content available through MyFowlkes.com.
Please seek the advice of professionals, as appropriate, regarding the
evaluation of any specific information, opinion, advice or other content.
12. Miscellaneous.
This Agreement and any operating rules for
MyFowlkes.com
established by WillTech constitute the entire agreement of the parties with respect
to the
subject matter hereof, and supersede all previous written or oral agreements between
the parties with respect to such subject matter. This Agreement shall be construed in
accordance with the laws of the State of Georgia, without regard to its conflict of laws
rules. 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.
13. Copyrights and Copyright Agent.
WillTech respects the rights of all copyright holders and in this regard,
WillTech has adopted and implemented a policy that provides for the termination
in appropriate circumstances of subscribers and account holders who infringe the
rights of copyright holders. If you believe that your work has been copied in a
way that constitutes copyright infringement, please provide WillTech's Copyright
Agent the following information required by the Online Copyright Infringement
Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
1. A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
3. 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;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has 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; and
6. A statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please
contact:
Copyright Agent
201 Walton Green Way NW
Kennesaw, GA 30144
For any questions or requests other than copyright issues or licensing requests,
please contact http://www.myfowlkes.com/contact.php.
14. Supplemental Terms
Associated Press Notice
Associated Press text, photos, graphics, audio and/or video
materials shall not directly or indirectly be published,
rewritten for broadcast or publication or redistributed in
any medium. Neither these AP materials nor any portion
thereof may be stored in a computer except for personal and
non-commercial use. Subscriber does not hold the AP liable
for any delays, inaccuracies, errors or omissions therefrom
or in the transmission or delivery of all or any part thereof
or for any damage arising from any of the foregoing.
Copyright 2006 Associated Press. All rights reserved. This
material may not be published, broadcast, rewritten, or
redistributed.