TERMS OF SERVICE
Last updated: May 1, 2020
The services offered by CarlDewayneJr ("CarlDewayneJr" or "me" or "I" ) as well as any other related websites, toolbars, widgets, or other distribution channels we may, from time to time, operate (collectively, "CarlDewayneJr") and any other features, content, services or applications offered, from time to time, by me (collectively, the "Services").
This agreement (the "Terms of Service" or "Agreement") sets forth legally binding terms for your use of the Services. By using the Services, you agree to be bound by these Terms of Service, whether you are a "Visitor" (which means that you are visiting CarlDewayneJr or any any other related websites). By browsing with service on CarlDewayneJr you are agreeing to these Terms of Service, and these Terms of Service along with any other guidelines I may post from time to time, such as our Privacy Policy (collectively, the "Guidelines") will govern your use of the services. If you do not agree to these Terms of Service or any of the Guidelines, you must cease use of the services.
You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service. If you are using CarlDewayneJr as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms "you" and "your" in this Agreement refers to your company or legal entity.
1. Eligibility
Use of and Membership in the Services is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any applicable law or regulation. Your account may be deleted and your Membership may be terminated without warning.
2. Copyright Infringement
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to CarlDewayneJr without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").
3. Privacy of Your Information
I care about the privacy of my Users. Click here to view our Privacy Policy. Your information may be stored and processed in any country in which CarlDewayneJr and any any other related websites. In this regard, or for purposes of sharing or disclosing data in accordance with this Agreement, CarlDewayneJr reserves the right to transfer information outside of your country. By using the Services, you consent to any such transfer of information outside of your country.
4. Indemnity
You agree to indemnify, defend, and hold harmless CarlDewayneJr, its subsidiaries, and affiliates, and their respective officers, agents, co-branders or other partners, from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to
any Content you submit, post, transmit, or make available through CarlDewayneJr;
your use or misuse of the Services;
your connection to the Services;
your breach or alleged breach of this Agreement; or
your violation of any rights (including intellectual property rights) of a third party.
CarlDewayneJr reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of CarlDewayneJr. CarlDewayneJr will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
5. Disclaimer of Warranties
YOUR USE OF CarlDewayneJr, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. POOKEY'S MULTI-SERVICES, AND ALL WEBSITE CODE, PLATFORM CODE, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CarlDewayneJr AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.
CarlDewayneJr AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT CarlDewayneJr, OR ANY WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT CarlDewayneJr, OR THE SERVER THAT MAKES CarlDewayneJr, AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CarlDewayneJr MAKES NO GUARANTEE REGARDING (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON CarlDewayneJr, OR YOUR WEBSITE; (B) THE VOLUME AND QUALITY OF ANY TRAFFIC TO YOUR WEBSITE; OR (C) THE COMPATIBILITY OF YOUR CODE OR ANY OTHER CODE WITH CarlDewayneJr.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CarlDewayneJr OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM CarlDewayneJr, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
CarlDewayneJr IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER ON CarlDewayneJr, PLATFORM, APPLICATIONS OR WEBSITES.
6. Limitation of Liability
YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL CarlDewayneJr OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE, BUSINESS OR PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CarlDewayneJr HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE SERVICES ON CarlDewayneJr.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN CarlDewayneJr AND RECEIVED BY YOU THROUGH OR ADVERTISED ON CarlDewayneJr OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
7. Changes to Our Services
CarlDewayneJr reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing Services or any part thereof with or without notice. CarlDewayneJr will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
8. Amendments
We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on CarlDewayneJr.cf or elsewhere on CarlDewayneJr. The revised version will be effective at the time we post it. Please check this Agreement and any Guidelines periodically for changes. Your continued use of CarlDewayneJr after posting of the changes constitutes your binding acceptance of such changes. We last modified this Agreement on the date stated above. However, if the revised version includes a material change, it will be effective for an existing User on the earlier of (a) the date you accept it, and (b) 30 days after the material changes are initially posted to CarlDewayneJr.cf or elsewhere on CarlDewayneJr. The revised version will apply to you immediately if you use CarlDewayneJr on or after the posting of the revised version.
9. Term and Termination
This Agreement shall remain in full force and effect unless you end your use of CarlDewayneJr at any time and for any or no reason. CarlDewayneJr has the right (at its sole discretion) for any reason to (i) block your email or IP address, or otherwise terminate your access to or use of CarlDewayneJr, (ii) remove and discard any Content on CarlDewayneJr.
10. Effects of Terminating
Upon ending your use of our services, this Agreement terminates and your access rights to CarlDewayneJr immediately cease to exist. CarlDewayneJr will have no obligation to refund any fees paid for services.
11. General
You agree to comply with all policies applicable to CarlDewayneJr, which policies are either posted on CarlDewayneJr or provided to you. In addition, you agree to comply with all applicable laws. CarlDewayneJr may assign this Agreement in whole or in part in its sole discretion without your consent and without notice. Any unauthorized use of CarlDewayneJr is a violation of this Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. Section 1030, et seq.), Sections 3-805 and 3-805.1. Such violations may subject you and your agents to civil and criminal penalties. This Agreement constitutes the entire agreement between you and CarlDewayneJr and governs your use of CarlDewayneJr, superseding any prior agreements (whether written or oral) between you and CarlDewayneJr regarding the subject matter hereof. Nothing in this Agreement shall prevent me from complying with the law and applicable regulations.
The services offered by CarlDewayneJr ("CarlDewayneJr" or "me" or "I" ) as well as any other related websites, toolbars, widgets, or other distribution channels we may, from time to time, operate (collectively, "CarlDewayneJr") and any other features, content, services or applications offered, from time to time, by me (collectively, the "Services").
This agreement (the "Terms of Service" or "Agreement") sets forth legally binding terms for your use of the Services. By using the Services, you agree to be bound by these Terms of Service, whether you are a "Visitor" (which means that you are visiting CarlDewayneJr or any any other related websites). By browsing with service on CarlDewayneJr you are agreeing to these Terms of Service, and these Terms of Service along with any other guidelines I may post from time to time, such as our Privacy Policy (collectively, the "Guidelines") will govern your use of the services. If you do not agree to these Terms of Service or any of the Guidelines, you must cease use of the services.
You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service. If you are using CarlDewayneJr as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms "you" and "your" in this Agreement refers to your company or legal entity.
1. Eligibility
Use of and Membership in the Services is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any applicable law or regulation. Your account may be deleted and your Membership may be terminated without warning.
2. Copyright Infringement
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to CarlDewayneJr without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").
3. Privacy of Your Information
I care about the privacy of my Users. Click here to view our Privacy Policy. Your information may be stored and processed in any country in which CarlDewayneJr and any any other related websites. In this regard, or for purposes of sharing or disclosing data in accordance with this Agreement, CarlDewayneJr reserves the right to transfer information outside of your country. By using the Services, you consent to any such transfer of information outside of your country.
4. Indemnity
You agree to indemnify, defend, and hold harmless CarlDewayneJr, its subsidiaries, and affiliates, and their respective officers, agents, co-branders or other partners, from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to
any Content you submit, post, transmit, or make available through CarlDewayneJr;
your use or misuse of the Services;
your connection to the Services;
your breach or alleged breach of this Agreement; or
your violation of any rights (including intellectual property rights) of a third party.
CarlDewayneJr reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of CarlDewayneJr. CarlDewayneJr will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
5. Disclaimer of Warranties
YOUR USE OF CarlDewayneJr, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. POOKEY'S MULTI-SERVICES, AND ALL WEBSITE CODE, PLATFORM CODE, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CarlDewayneJr AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.
CarlDewayneJr AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT CarlDewayneJr, OR ANY WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT CarlDewayneJr, OR THE SERVER THAT MAKES CarlDewayneJr, AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CarlDewayneJr MAKES NO GUARANTEE REGARDING (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON CarlDewayneJr, OR YOUR WEBSITE; (B) THE VOLUME AND QUALITY OF ANY TRAFFIC TO YOUR WEBSITE; OR (C) THE COMPATIBILITY OF YOUR CODE OR ANY OTHER CODE WITH CarlDewayneJr.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CarlDewayneJr OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM CarlDewayneJr, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
CarlDewayneJr IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER ON CarlDewayneJr, PLATFORM, APPLICATIONS OR WEBSITES.
6. Limitation of Liability
YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL CarlDewayneJr OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE, BUSINESS OR PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CarlDewayneJr HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE SERVICES ON CarlDewayneJr.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN CarlDewayneJr AND RECEIVED BY YOU THROUGH OR ADVERTISED ON CarlDewayneJr OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
7. Changes to Our Services
CarlDewayneJr reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing Services or any part thereof with or without notice. CarlDewayneJr will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
8. Amendments
We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on CarlDewayneJr.cf or elsewhere on CarlDewayneJr. The revised version will be effective at the time we post it. Please check this Agreement and any Guidelines periodically for changes. Your continued use of CarlDewayneJr after posting of the changes constitutes your binding acceptance of such changes. We last modified this Agreement on the date stated above. However, if the revised version includes a material change, it will be effective for an existing User on the earlier of (a) the date you accept it, and (b) 30 days after the material changes are initially posted to CarlDewayneJr.cf or elsewhere on CarlDewayneJr. The revised version will apply to you immediately if you use CarlDewayneJr on or after the posting of the revised version.
9. Term and Termination
This Agreement shall remain in full force and effect unless you end your use of CarlDewayneJr at any time and for any or no reason. CarlDewayneJr has the right (at its sole discretion) for any reason to (i) block your email or IP address, or otherwise terminate your access to or use of CarlDewayneJr, (ii) remove and discard any Content on CarlDewayneJr.
10. Effects of Terminating
Upon ending your use of our services, this Agreement terminates and your access rights to CarlDewayneJr immediately cease to exist. CarlDewayneJr will have no obligation to refund any fees paid for services.
11. General
You agree to comply with all policies applicable to CarlDewayneJr, which policies are either posted on CarlDewayneJr or provided to you. In addition, you agree to comply with all applicable laws. CarlDewayneJr may assign this Agreement in whole or in part in its sole discretion without your consent and without notice. Any unauthorized use of CarlDewayneJr is a violation of this Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. Section 1030, et seq.), Sections 3-805 and 3-805.1. Such violations may subject you and your agents to civil and criminal penalties. This Agreement constitutes the entire agreement between you and CarlDewayneJr and governs your use of CarlDewayneJr, superseding any prior agreements (whether written or oral) between you and CarlDewayneJr regarding the subject matter hereof. Nothing in this Agreement shall prevent me from complying with the law and applicable regulations.
