Terms of Use

Last Updated: November 17, 2006

  1. Definitions
    1. "Content" is all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials, whether publicly posted or privately transmitted.
    2. The "Site" is josephdwagner.info and all Content contained therein regardless of the connection medium, and its owners and operators (collectively referred to herein as "we," "us," or "our").

  2. Acceptance
  3. By using the Site, you are agreeing, without limitation or qualification, to be bound by, and to comply with, these Terms of Use.

  4. Prohibited Conduct
  5. You agree that you will not use the Site to:

    1. Upload, post, email, otherwise transmit, or post links to:
      1. Any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
      2. Any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
      3. Any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
      4. Any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
      5. Any Content that facilitates hacking.
      6. Any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
        1. Making available copyrighted software or other Content that has had the copyright protection removed.
        2. Making available serial numbers for software that can be used to illegally validate or register software.
        3. Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.
        4. Making available any software files for which the user does not own the copyright or have the legal right to make available.
      7. Any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
      8. Any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Site.
      9. Any Content regarding any raffle, contest or game requiring a fee by participants.
      10. Any material that is false, misleading, or designed to manipulate any equity, security, or other market.
    2. Harm minors in any way.
    3. Make any sexual request on behalf of a minor or make any sexual request of a minor.
    4. "Stalk" or otherwise harass another.
    5. Collect or store personally identifying information for commercial or unlawful purposes.
    6. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
    7. Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Site.
    8. Sell, distribute, or make any commercial use of data obtained from the Site.
    9. Interfere with or disrupt the Site or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
    10. 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.
    11. Advertise, offer for sale, or sell any item you are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law.
    12. Upload, post, email, otherwise transmit, or post links to any material, or act in any manner, that is offensive to the Site's community or the spirit of these Terms of Use.
    13. Advertise, offer for sale, or sell any of the following items:
      1. Any firearms, explosives, or weapons.
      2. Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
      3. Any alcoholic beverages.
      4. Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
      5. Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
      6. Any controlled substances or pharmaceuticals.
      7. Any items that are counterfeit or stolen.
      8. Any dangerous items.
      9. Any goods or services that do not, in fact, exist.
      10. Any registered or unregistered securities.
      11. Any items that violate or infringe the rights of other parties.
      12. Any items that you do not have the legal right to sell.
      13. Any items which would place us in the position of violating any law.

  6. Disclaimer
  7. The materials in the Site are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the functions contained in the materials on the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the servers that make such materials available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the materials on the Site in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

    We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Site or third-party content on the Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

  8. Limitation Of Liability
  9. Under no circumstances, including, but not limited to, negligence, shall we be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of, or the inability to use, the Site or materials or functions on the Site, even if we have been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall our total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the amount paid by you, if any, or $100 (whichever is less) for accessing or participating in any activity related to the Site.

  10. Non-Waiver
  11. Our failure to exercise any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

  12. Separability
  13. If a court of competent jurisdiction holds any provision of these Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms of Use remain in full force and effect.

  14. Changes
  15. We reserve the right to modify these Terms of Use from time to time, without notice. Please review these Terms of Use from time to time so you will be apprised of any changes.

  16. Relationship
  17. You acknowledge and agree that both parties are independent under these Terms of Use, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms of Use has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.

  18. No Resale, Assignment, or Sublicensing
  19. You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms of Use without prior express written authorization.

  20. Successors and Assigns
  21. Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.