| By using this site you agree
to follow the following terms of use.
It is important to me that you, and our other visitors,
have the best possible time while using our Site, and that when
you use this Site you are fully aware of our respective legal rights
and obligations. For that reason, we have created these Terms of
Use as the legally binding terms to govern your use of this Site.
Please read these Terms of Use carefully before using the Site,
because they affect your legal rights and obligations.
Your Acceptance of Terms
If you do not agree with any of these Terms of Use please do not
use this Site, because by using this Site you will be deemed to
have irrevocably agreed to these terms.
Areas of this Site within the proprietary online
service offered by Dan L. Barker may be subject to additional terms
and conditions, which you should read carefully before making any
use of those areas. Any such terms will not vary or replace these
Terms of Use regarding any use of this Site, unless otherwise expressly
stated.
Please note that these Terms of Use may be revised
and reissued without notice at any time by updating this posting.
You should visit this page regularly to review the current Terms
of Use, since your continued use of the Site will be deemed as irrevocable
acceptance of any revisions.
How To Contact Us
This Site is controlled and operated by Dan L. Barker; 2201 Baycourt
Trail; Hillsborough, NC 27278. The phone number is (877) 381-6978.
Please forward any complaints to our email
or postal address.
Your Registration
To access this Site or some of the resources it has to offer, you
may be asked to provide registration details. It is a condition
of use of this Site that all the details you provide will be correct,
current, and complete. If I believe the details are not correct,
current, or complete, we have the right to refuse you access to
the Site, or any of its resources, and to terminate or suspend your
account.
Unless, we have received a properly completed and
acceptable parental consent form governing your use of this Site,
we will assume (and by using this Site you warrant that) you have
legal capacity to enter into the agreement set out in these Terms
of Use (i.e., that you are of sufficient age and mental capacity
and are otherwise entitled to be legally bound in contract).
Online Privacy Notice
Your privacy is important to us. No personal information collected
on this site is sold to other companies. All informaiton submitted
becomes property of Dan L. Barker and users accept Dan L. Barker
as an agent to protect their interests to their personal information.
Trademarks and Copyrights
This Site and all materials incorporated by Dan L. Barker on this
Site (“Material”) are protected by copyrights, patents,
trade secrets or other proprietary rights (“Copyrights”).
Some of the logos or other images incorporated by Dan L. Barker
on this Site are also protected as registered or unregistered trademarks,
trade names and/or service marks owned by Dan L. Barker or others
(“Trademarks”). Dan L. Barker respects the intellectual
property rights of others and asks users of this Site to do the
same.
Your Use of Material
Your right to make use of this Site and any Material or other content
appearing on it is subject to your compliance with these Terms of
Use. Modification or use of the Material or any other content on
this Site for any purpose not permitted by these Terms of Use may
be a violation of the Copyrights and/or Trademarks and is prohibited.
You may access and display Material and all other
content displayed on this Site for non-commercial, personal, entertainment
use on a single computer only. The Material and all other content
on this Site may not otherwise be copied, reproduced, republished,
uploaded, posted, transmitted, distributed or used in any way unless
specifically authorized by Dan L. Barker. Any authorization to copy
Material granted by Dan L. Barker in any part of this Site for any
reason is restricted to making a single copy for non-commercial,
personal, entertainment use on a single computer only, and is subject
to your keeping intact all copyright and other proprietary notices.
Using any Material on any other web site or networked computer environment
is prohibited. Also, decompiling, reverse engineering, disassembling,
or otherwise reducing the code used in any software on this Site
into a readable form in order to examine the construction of such
software and/or to copy or create other products based (in whole
or in part) on such software, is prohibited.
Disclaimer of Warranties
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. Dan L. Barker AND ALL
THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER
CONTENT IN RELATED SITES ARE PROVIDED “AS IS” AND “AS
AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, Dan L. Barker DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Dan L. Barker
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL
BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT Dan L. Barker’S WEB SITES OR THE SERVERS
THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Dan L. Barker DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION,
SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN Dan L. Barker
OR ANY SITES LINKED TO THIS SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. WB ONLINE MAKES NO WARRANTIES
THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES,
SERVICE OR OTHER CONTEN WILL NOT INFINGE THE RIGHTS OF OTHERS AND
Dan L. Barker ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS
OR OMMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES,
SERVICE OR OTHER CONTENT OF THIS SITE. IF APPLICABLE LAW DOES NOT
ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES
TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO
THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
Dan L. Barker DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE
(DIRECT, INDIRECT, PUNATIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL,
SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY
TO USE THIS SITE OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES,
SERVICES OR OTHER CONTENT ON THIS SITE, REGARDLESS OF THE BASIS
UPON WHICH LIABILITY IS CLAIMED AND EVEN IF Dan L. Barker HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION,
YOU (AND NOT Dan L. Barker) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR
DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART
OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS
WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Submissions, Postings and E-mails
Dan L. Barker is interested in hearing from you. It is, however,
our policy that we will not accept or consider unsolicited submissions
of concepts, stories, or other potential content. Therefore, please
do not send Dan L. Barker any unsolicited submissions.
From time to time, areas on this Site may expressly
request submissions of concepts, stories, or other potential content
from you (‘Invited Submissions’). Where this is the case,
please carefully read any specific rules or other terms and conditions
which appear elsewhere on this Site to govern those submissions
(‘Additional Terms’), since they will affect your legal
rights. If no Additional Terms govern those submissions, then these
Terms of Use will apply in full to any Invited Submissions you make.
In any event, any material you send to us will not
be treated as confidential.
Responsible Use
Please act responsibly when using this Site. You may only use this
Site and its contents for lawful purposes and in accordance with
applicable law and you are prohibited from storing, distributing
or transmitting any unlawful material through this Site. You may
not collect or store personal information regarding other users.
You recognize that storing, distributing or transmitting unlawful
material could expose you to criminal and/or civil liability. You
agree that if a third party claims that material you have contributed
to the Site is unlawful, you will bear the burden of establishing
that it is lawful. You understand and agree that all materials publicly
posted (other than by Dan L. Barker) or privately transmitted on
or through this Site are the sole responsibility of the sender,
not Dan L. Barker, and that you are responsible for all material
you upload, post or otherwise transmit to or through this Site.
I require that you do not post e-mails or submit
to or publish through Forums or otherwise make available on this
Site any content, or act in a way, which in our opinion:
(a) libels, defames, invades privacy, stalks, is
obscene, pornographic, racist, abusive, harassing, threatening or
offensive;
(b) seeks to exploit or harm children by exposing them to inappropriate
content, asking for personally identifiable details or otherwise;
(c) infringes any intellectual property or other right of any entity
or person, including violating anyone’s copyrights or trademarks
or their rights of publicity;
(d) violates any law or may be considered to violate any law;
(e) you do not have the right to transmit under any contractual
or other relationship (e.g., inside information, proprietary or
confidential information received in the context of an employment
or a non-disclosure agreement);
(f) advocates or promotes illegal activity;
(g) impersonates or misrepresents your connection to any other entity
or person or otherwise manipulates headers or identifiers to disguise
the origin of the content;
(h) advertises any commercial endeavor (e.g., offering for sale
products or services) or otherwise engages in any commercial activity
(e.g., conducting raffles or contests, displaying sponsorship banners,
and/or soliciting goods or services) except as specifically authorized
on this Site;
(i) solicits funds, advertisers or sponsors;
(j) includes programs which contain viruses, worms and/or ‘Trojan
horses’ or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications;
(k) disrupts the normal flow of dialogue, causes a screen to scroll
faster than other users are able to type, or otherwise act in a
way which affects the ability of other people to engage in real
time activities via the Site;
(l) copies any other pages or images on this Site except with appropriate
authority;
(m) includes MP3 format files;
(n) amounts to a ‘pyramid’ or similar scheme;
(o) amounts to ‘data warehousing’ (i.e., using any web
space made available to you as storage for large files which are
only linked from other sites). You must provide a reasonable amount
of content to accompany such material in order that at least some
of the traffic to your site comes directly via us;
(p) disobeys any policy or regulations established from time to
time regarding use of this Site or any networks connected to this
Site; or
(q) contains links to other sites that contain the kind of content,
which falls within the descriptions set out at (a) to (p) above.
In addition, you are prohibited from removing any
sponsorship banners or other material inserted by Dan L. Barker
anywhere on this Site (e.g., on any web space made available for
your use).
System Abuse
Without limitation, you agree not to send, create or reply to so
called “mailbombs” (i.e., emailing copies of a single
message to many users, or sending large or multiple files or messages
to a single user with malicious intent) or engage in “spamming”(i.e.,
unsolicited emailing for business or other purposes) or undertake
any other activity which may adversely effect the operation or enjoyment
of this Site by any other person.
You may not reproduce, sell, resell or otherwise
exploit any resource, or access to any resource, contained on this
Site. See licensing below.
Security
Any passwords used for this Site are for individual use only. You
shall be responsible for the security of your password (if any).
Dan L. Barker shall be entitled to monitor your password and, at
its discretion, require you to change it. If you use a password
that Dan L. Barker considers insecure, Dan L. Barker will be entitled
to require this to be changed and/or terminate your account.
You are prohibited from using any services or facilities
provided in connection with this Site to compromise security or
tamper with system resources and/or accounts. The use or distribution
of tools designed for compromising security (e.g. password guessing
programs, cracking tools or network probing tools) are strictly
prohibited. If you become involved in any violation of system security,
Dan L. Barker reserves the right to release your details to system
administrators at other sites in order to assist them in resolving
security incidents.
Investigations
Dan L. Barker reserves the right to investigate suspected violations
of these Terms of Use, including without limitation any violation
arising from any submission, posting or e-mails you make or send
to any Forum. Dan L. Barker may seek to gather information from
the user who is suspected of violating these Terms of Use, and from
any other user. Dan L. Barker may suspend any users whose conduct
or postings are under investigation and may remove such material
from its servers as it deems appropriate and without notice. If
Dan L. Barker believes, in its sole discretion, that a violation
of these Terms of Use has occurred, it may edit or modify any submission,
posting or e-mails, remove the material permanently, cancel postings,
warn users, suspend users and passwords, terminate accounts or take
other corrective action it deems appropriate. Dan L. Barker will
fully cooperate with any law enforcement authorities or court order
requesting or directing Dan L. Barker to disclose the identity of
anyone posting any e-mails, or publishing or otherwise making available
any materials that are believed to violate these Terms of Use. BY
ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS Dan L. Barker
FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Dan L. Barker
DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS
TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER Dan L. Barker
OR LAW ENFORCEMENT AUTHORITIES.
Service
In order to use this Site, you must obtain access to the World Wide
Web and pay any service fee associated with that access. You will
need to provide all equipment necessary to connect to the Site on
the World Wide Web (including a computer, modem and/or other access
devices).
Dan L. Barker, reserves the right to modify or discontinue,
temporarily or permanently, all or any part of this Site and/or
any software, facilities and services on this Site, with or without
notice, and/or to establish general guidelines and limitations on
their use.
Use of contencontatined on this site for commercial
gain is subject to licensing fees. The standard fee for commerical
use of site contents is $2 per file accessed, served or transferred
view via electronic or traditional means. Please contact the address
below for reseller, search engine, data library, data warehousing
and bulk licensing fee information.
Local Regulations
Dan L. Barker makes no representation that Materials or other content
in the Site are appropriate or available for use outside the United
States, its territories, possessions and protectorates. If you choose
to access the Site from other locations you do so on your own initiative
and at your own risk. You are responsible for complying with local
laws, if and to the extent local laws are applicable. You specifically
agree to comply with all applicable laws concerning the transmission
of technical data exported from the United States or the country
you reside in.
Indemnity
You agree to indemnify and hold harmless Dan L. Barker and its officers,
directors, employees, agents, distributors and affiliates from and
against any and all claims, demands, liabilities, costs or expenses,
including reasonable attorney’s fees, resulting from your breach
of any of the foregoing provisions, representations or warranties,
and/or from your placement or transmission of any content onto Dan
L. Barker’s servers, and/or from any and all use of your account.
Our Use of Content
Dan L. Barker will consider anything you provide to Dan L. Barker
and/or contribute to this Site as available for our use free of
any obligations to you, except where we have expressly solicited
Invited Submissions and those submissions are expressly governed
by Additional Terms appearing elsewhere on this Site (see ‘Submissions,
Postings and E-mails’ above), in which event those Additional
Terms will determine how we will treat your Invited Submissions.
Subject to the provisions of any Additional Terms,
by posting or uploading any content to this Site and/or providing
any communication or material to Dan L. Barker (“User Content”),
you automatically and irrevocably: (a) grant and assign to Dan L.
Barker any and all rights in the User Content throughout the world
including without limitation all copyright, together with all consents
(if any) necessary to enable its reproduction, distribution, modification,
publishing and/or other exploitation by Dan L. Barker and/or by
any person authorized by Dan L. Barker, by any means and in all
media now known or hereafter devised without payment or other reference
to you or any other person, and to advertise and promote such exploitation,
for the full period of all such rights (together with any extensions
and renewals) and insofar as possible in perpetuity; (b) waive all
moral rights in the User Content which may be available to you in
any part of the world and confirm that no such rights have been
asserted; (c) appoint Dan L. Barker as your agent with full power
to enter into any document and/or do any act Dan L. Barker may consider
appropriate to confirm the grant and assignment, consent and waiver
set out above; (d) warrant that you are the owner of the User Content
and entitled to enter into these Terms of Use; (e) confirm that
no such User Content will be subject to any obligation, of confidence
or otherwise, to you or any other person and that Dan L. Barker
shall not be liable for any use or disclosure of such User Content.
Third-Party Sites
This Site may link you to other sites on the Internet. These sites
may contain information or material that some people may find inappropriate
or offensive. These other sites are not under the control of Dan
L. Barker, and you acknowledge that (whether or not such sites are
affiliated in any way with Dan L. Barker) Dan L. Barker is not responsible
for the accuracy, copyright compliance, legality, decency, or any
other aspect of the content of such sites. The inclusion of such
a link does not imply endorsement of any site by Dan L. Barker or
any association with its operators.
Dan L. Barker cannot ensure that you will be satisfied
with any products or services that you purchase from any third-party
site that links to or from Dan L. Barker since other shop channels
are owned and operated by independent retailers. Dan L. Barker does
not endorse any of the merchandise, nor has Dan L. Barker taken
any steps to confirm the accuracy or reliability of any of the information
contained in such third-party sites. Dan L. Barker does 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 irrevocably
waive any claim against us with respect to such sites. We strongly
encourage you to make whatever investigation you feel necessary
or appropriate before proceeding with any online transaction with
any of these third parties.
Proprietary Online Services
Any area of this Site that is accessed through any proprietary online
service is subject to the rules, policies and guidelines of such
proprietary online service.
Jurisdictional Issues
The Materials and all other content in this Site are presented solely
for the purpose of providing entertainment and information and promoting
his business, and other products available in the United States,
its territories, possessions, and protectorates. The Site is controlled
and operated by Dan L. Barker from his offices within the State
of North Carolina, United States of America.
These Terms of Use shall be governed by, construed
and enforced in accordance with the laws of the State of North Carolina,
as they are applied to agreements entered into and to be performed
entirely within North Carolina. Any action you, any third party
or Dan L. Barker may bring to enforce these Terms of Use or, in
connection with any matters related to the Site shall be brought
only in either the State or Federal Courts located in Durham and
Wake Counties, North Carolina, and you expressly consent to the
jurisdiction of said courts.
If any provision of these Terms of Use shall be
unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable for this agreement and shall not affect
the validity and enforceability of any remaining provisions. This
is the entire agreement between the parties relating to the matters
contained herein.
Claims of Infringement
If you believe that any content appearing on this Site infringes
your copyright rights, I want to hear from you. Please forward the
following information in writing to the Copyright Agent at the address
listed below.
(a) your name, address, telephone number, and e-mail
address;
(b) a description of the copyrighted work that you claim has been
infringed;
(c) the exact URL or a description of each place where alleged infringing
material is located;
(d) a statement by you that you have a good faith belief that the
disputed use has not been authorized by you, your agent, or the
law;
(e) your electronic or physical signature or the electronic or physical
signature of the person authorized to act on your behalf; and
(f) a statement by you made under penalty of perjury, that the information
in your notice is accurate, that you are the copyright owner or
authorized to act on the copyright owner’s behalf.
Dan L. Barker, Copyright Info
2201 Baycourt Trail
Hillsborough, NC 27278
Tel: 919 824 4335
Email: Via contact form
Dan L. Barker seeks to preserve any and all exemptions
from liability that may be available under the copyright law, but
does not necessarily stipulate that it is a service provider as
defined in USC section 512© or elsewhere.
|
