PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS SITE.
LAST UPDATED: February 14, 2008
As used herein, "Site" refers to johnnydarter.com and other sites on the World Wide Web (including sites designed to be accessed by browsers using Wireless Application Protocol) originating in the United States which are owned and/or operated by Johnny Darter. By using this Site, you indicate your acceptance of these Terms & Conditions. If you do not agree to these Terms & Conditions, you have no right or license to access the Site and you should not do so.
Johnny Darter reserves the right, in its sole discretion, to change, modify or otherwise update these Terms & Conditions at any time, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, updates or additions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Your use of the Site after such notice shall be deemed to constitute your acceptance of such changes, modifications, updates or additions.
Johnny Darter may change, suspend or discontinue any aspect of this Site at any time, including the availability of any feature or content. Johnny Darter may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.
USE OF MATERIALS LOCATED ON THIS SITE: COPYRIGHTS, TRADEMARKS AND RESTRICTIONS
All materials published on the Site (including but not limited to articles, photographs, images, illustrations, audio clips and video clips) are protected by copyrights which are owned and controlled by Johnny Darter or the party credited as the provider of the material. The entire contents of the Site are also copyrighted as a collective work under the United States copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright. You shall abide by all copyright notices and other restrictions contained in any material accessed through the Site. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer (or other electronic device) for your personal, noncommercial use, and may print one hard copy of the material on the Site for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material. Modification of the materials or use of the materials for any purpose other than personal, noncommercial use is a violation of the respective owners' copyrights and other proprietary rights. The use of any such material on any other Web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to Johnny Darter or the other designated owner of a posted mark. Elements of the Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
SUBMITTED CONTENT
The Site allows submissions to Johnny Darter.
Terms & Conditions directly applicable to Submitted Content include the following:
1. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, communications or other materials that you submit to Johnny Darter ("Submitted Content"), are your sole responsibility. This means that you, and not Johnny Darter, are entirely responsible for all Submitted Content that you upload, post, e-mail or otherwise transmit via the Site.
2. Johnny Darter does not endorse or control the Submitted Content delivered to this Site, and Johnny Darter has no obligation to monitor such Submitted Content. As such, Johnny Darter does not guarantee the accuracy, integrity or quality of any such Submitted Content. However, Johnny Darter reserves the right (but not the obligation) in its sole discretion to edit, refuse to post or to delete any Submitted Content, in whole or in part, that is in violation of these Terms & Conditions or that it deems to be objectionable or unacceptable for any reason whatsoever.
3. Johnny Darter further reserves the right at all times to preserve any Submitted Content or to disclose any Submitted Content as necessary to satisfy any law, regulation or governmental request or any good faith belief that such preservation or disclosure is necessary to (a) comply with legal process; (b) enforce these Terms & Conditions; (c) respond to claims that any Submitted Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Johnny Darter, its guests and the public.
4. You understand that by using the Site you may be exposed to Submitted Content that is offensive, indecent or objectionable. Under no circumstances will Johnny Darter be liable in any way for any Submitted Content, including, but not limited to, for any errors or omissions in any Submitted Content, or for any loss or damage of any kind incurred as a result of the use of any Submitted Content posted, emailed or otherwise transmitted via the Site.
5. By accepting these Terms & Conditions and uploading Submitted Content, you represent and warrant to Johnny Darter the following: (a) you are at least 18 years of age, (b) all of the information provided by you to Johnny Darter is correct and current; (c) you hold and will continue to hold the necessary rights, including but not limited to all copyrights, trademark rights and rights of publicity in the Submitted Content to enter into this Agreement and to grant the rights granted herein; (d) you are the creator of the Submitted Content you upload to the Site (or are specifically authorized to upload the Submitted Content by the copyright holder), and did not take any of its elements from a source such as another Web site, publication, recording, film, or video; (e) you have made any required payments to guilds, performing rights societies, or to any other body or group representing authors, composers, musicians, artists, and other participants in the production of the Submitted Content, or other entities having legal or contractual rights of any kind to payments as a result of distribution or exhibition of the Submitted Content; and (f) you have the legal right and authority to agree to, perform the acts required of you, and to grant the rights and licenses described in these Terms & Conditions.
6. It is a condition of your access and use of the Site that you do not:
a. Restrict or inhibit any other guest from using and enjoying the Site;
b. Harm minors in any way;
c. Impersonate any person or entity, including, but not limited to, an employee or representative of Johnny Darter, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submitted Content transmitted by means of the Site;
e. Upload, post, e-mail or otherwise distribute, publish or transmit on the Site any Submitted Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. Upload, post, e-mail or otherwise distribute, publish or transmit on the Site any unlawful, harmful, threatening, abusive, harassing, invasive of another's privacy, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;
g. Upload, post, e-mail or otherwise distribute, publish or transmit on the Site any Submitted Content that either involves nudity (including partial or complete nudity of any person under age 18); exploits persons under age 18, or discloses any personally identifying information about persons under age 18
h. Upload, post, e-mail or otherwise distribute, publish or transmit on the Site any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by patent, copyright, trademark, trade secret or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
i. Upload, post, e-mail or otherwise distribute, publish or transmit on the Site any information, software or other material which contains a virus or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or any other harmful component; or
j. Upload, post, e-mail or otherwise distribute, publish or transmit on the Site or in any way exploit any information, software or other material for commercial purposes or which contains any form of solicitation (including, but not limited to, "junk mail," "spam," "chain letters," and "pyramid schemes"), advertising, promotion, marketing for goods or services, or any form of lottery, sweepstakes, or gambling;
k. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other guests of the Site are able to type, or otherwise act in a manner that negatively affects other guests' ability to engage in real time exchanges;
l. Interfere with or disrupt the Site or servers or networks serving the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
m. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
n. "Stalk" or otherwise harass another; or
o. Collect or store personal data about other guests.
7. By posting or submitting any materials (including but not limited to any remarks, ideas, graphics, photos, comments, product concepts, advertising concepts or ideas, and suggestions for improving or changing existing content) to this Site, you automatically grant (or warrant that the owner of such rights has expressly granted) to Johnny Darter a royalty-free, non-exclusive, perpetual and irrevocable worldwide right and license to use, reproduce, modify, publish and distribute such materials or incorporate such materials into any form or technology now known or later developed, and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you. You further grant Johnny Darter a non-exclusive, worldwide, royalty-free license to use your name in connection with the Submitted Content, and to use the Submitted Content for advertising and promotional purposes.
8. You warrant that any materials you upload, post, e-mail or otherwise distribute, publish or transmit on the Site contains nothing that will give rise to civil liability or otherwise violate any local, state, national or foreign law, including nothing that is harmful, threatening, abusive, harassing, invasive of another's privacy or publicity rights, defamatory, obscene, vulgar, pornographic, profane or indecent, or that constitutes an infringement of anyone's patent, copyright, trademark, trade secret or other proprietary right, or derivative rights with respect thereto.
PURCHASE OF PRODUCTS FROM THE SITE
The purchase of any products from the Site is governed by the terms and conditions of the sales transaction with the provider of the product. JOHNNY DARTER MAKES NO WARRANTY AS TO THE QUALITY OF SUCH PRODUCTS INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Alpha does not have any responsibility for the processing or delivery of products purchased from the Site.
LINKED SITES
The Site may contain links and pointers to Internet sites maintained by others ("Third Party Sites"). The appearance of a link does not imply Johnny Darter's endorsement. Johnny Darter has not reviewed all of the Third Party Sites linked to the Site and is not responsible for the contents of or any products or services offered in such Third Party Sites. You access them at your sole risk, and you should direct any concerns regarding any Third Party Site to its site administrator or Webmaster.
JURISDICTIONAL ISSUES
The Site is controlled and operated by Johnny Darter from its headquarters in Westerville, Ohio, United States of America. Johnny Darter makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Ohio, without giving effect to any principles of conflicts of law, except as to any provisions which may be governed by the laws of the United States, in which case the latter shall govern. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Columbus, Ohio and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
ENFORCEABILITY AND TERMINATION OF AGREEMENT
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions, together with any other terms, conditions or policies set forth elsewhere in the Site, constitute the entire agreement between you and Johnny Darter in connection with your access and use of the Site.
Johnny Darter may, in its sole discretion, terminate or suspend your access to all or part of the Site for any reason, including, without limitation, failure to comply with any of these Terms & Conditions. Upon termination, you must destroy all materials obtained from the Site and all copies thereof, whether made under the terms of this agreement or otherwise. In the event of termination, you are no longer authorized to access or use the Site, and the restrictions imposed on you with respect to materials downloaded from the Site and the disclaimers and limitations of liabilities set forth in this agreement shall survive.
DISCLAIMER
Your access to and use of the Site is at your sole risk. If you are dissatisfied with any of the materials contained in the Site, or with any of these Terms & Conditions, your sole and exclusive remedy is to discontinue accessing and using the Site.
THE MATERIALS IN THIS SITE AND ALL DOWNLOADABLE SOFTWARE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JOHNNY DARTER AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE AND ANY AFFILIATED WEB SITE WITH WHICH IT IS LINKED. JOHNNY DARTER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE MATERIALS, INFORMATION, OPINION OR ADVICE PROVIDED IN OR FROM THE SITE. JOHNNY DARTER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO LIABILITY
To the fullest extent permitted by applicable law, Johnny Darter and all officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (all of the foregoing, collectively, the "Indemnified Parties") shall in no event be liable for any claims, charges, demands, damages, liabilities, losses, or expenses of whatever nature and howsoever arising, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if Johnny Darter or the Indemnified Parties have been advised of the possibility of such damages or losses, arising out of or in connection with the use of the Site or any Web site with which it is linked. You assume total responsibility for establishing such procedures for data backup and virus checking as you consider necessary.
You hereby agree to indemnify, defend and hold harmless Johnny Darter and the Indemnified Parties from and against any and all claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by Johnny Darter and the Indemnified Parties, directly or indirectly, by reason of any act or omission which you commit in breach of these Terms & Conditions (including but not limited to your obligations, representations and warranties contained herein) and any other terms and conditions or policies set forth elsewhere in the Site. You shall cooperate as fully as reasonably required in the defense of any claim. Johnny Darter reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Because you have acknowledged that, at its sole discretion and for any reason, Johnny Darter may edit, refuse to post or to delete any Submitted Content that you post, in whole or in part, and may terminate or suspend your access to all or part of this Site, that you have granted (or warranted that the owner of such rights has expressly granted) to Johnny Darter a royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute any Submitted Content that you post, such materials or incorporate such materials into any form or technology now known or later developed, and that you have waived any moral rights you may have in such Submitted Content, you hereby agree that if you unsuccessfully prosecute a claim against Johnny Darter and/or any of the Indemnified Parties that arises from its exercise of its rights to edit, refuse to post or to delete any Submitted Content that you post, to terminate or suspend your access to all or part of the Site, to use its royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute any Submitted Content that you post, or seeking to recover for violation of your moral rights, you agree to reimburse Johnny Darter and/or the Indemnified Parties for all costs of defending any such claim, including but not limited to any legal or other professional fees).
SOFTWARE AVAILABLE ON THE SITE
Any software that is made available to download from the Site, including any files or images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software"), is the copyrighted work of the indicated author of the Software ("Author"). Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). A guest to the Site will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Author retains full and complete title to the Software itself and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or otherwise disassemble the Software. JOHNNY DARTER MAKES NO WARRANTY AS TO THE QUALITY OF SUCH SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Software from the Site is further subject to United States export controls. No software from the Site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the United States has embargoed goods. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country.
MINORS
The Site contains material that may not be appropriate for children. If there is a concern by parents that children may visit the Site, Johnny Darter recommends using a parental control software package. Some sample parental software packages include: Net Nanny (http://www.netnanny.com), Cyber Patrol (http://www.cyberpatrol.com), Cybersitter (http://www.solidoak.com). Please be advised that Johnny Darter does not endorse any one parental software package. While no parental software package replaces careful supervision of Internet use by children, these tools can be a useful addition to your suite of Internet applications. Please read the Site's Privacy Policy, in particular the Policy for Minors, for more information regarding the collection of personal information from children.
Terms and Conditions
