Welcome
to TheTalkOfLawrence.com! We have developed these Terms of Service to
govern your use of TheTalkOfLawrence.com. Your use of our site tells
us you have read and agreed to these Terms of Service and to our
Privacy Policy. Please read both these documents carefully. If
you do not agree with any of these terms, please exit TheTalkOfLawrence.com
at once. TheTalkOfLawrence.com reserves the right to terminate Membership
and deny access to the site to any person who violates this Terms
of Service.
Copyright
All
information, content, services and software displayed on, transmitted
through, or used in connection with TheTalkOfLawrence.com, including
for example news articles, reviews, directories, guides, text,
photographs, images, illustrations, audio clips, video, html,
source and object code, trademarks, logos, and the like (collectively,
the "Content"), as well as its selection and arrangement,
is owned by frawgnet.com and / or TheTalkOfLawrence.com. You may use
the Content online only, and solely for your personal, non-commercial
use, and you may download or print a single copy of any portion
of the Content solely for your personal, non-commercial use, provided
you do not remove any trademark, copyright or other notice from
such Content. If you operate a Web site and wish to link to TheTalkOfLawrence.com,
you may do so provided you agree to cease such link upon request
from TheTalkOfLawrence.com. No other use is permitted without prior
written permission of TheTalkOfLawrence.com. The permitted use described
in this Paragraph is contingent on your compliance at all times
with these Terms of Service.
You
may not, for example, republish any portion of the Content on
any Internet, Intranet or extranet site or incorporate the Content
in any database, compilation, archive or cache. You may not distribute
any Content to others, whether or not for payment or other consideration,
and you may not modify, copy, frame, cache, reproduce, sell, publish,
transmit, display or otherwise use any portion of the Content.
You may not scrape or otherwise copy our Content without permission.
You agree not to decompile, reverse engineer or disassemble any
software or other products or processes accessible through TheTalkOfLawrence.com,
not to insert any code or product or manipulate the content of
TheTalkOfLawrence.com in any way that affects the user's experience,
and not to use any data mining, data gathering or extraction method.
Requests
to use Content for any purpose other than as permitted in these
Terms of Service should be directed to us via our Contact
Us page. In certain cases, you may be able to obtain a license
to use individual items that appear on TheTalkOfLawrence.com through
online functionality we have specifically designated (e.g., to
e-mail a story to a friend or to purchase the rights to reproduce
an item for other use). In such cases, we will tell you directly
in the portion of the Content you may license or you will see
a link in the Content itself. If you do not see such authorization
or link, you should assume no third party has the right to allow
you to use the Content.
Copyright
Complaints
TheTalkOfLawrence.com
respects the intellectual property of others. If you believe your
work has been copied in a way that constitutes copyright infringement
or are aware of any infringing material on TheTalkOfLawrence.com, please
contact us via our Contact
Us page.
Membership
and Registration. If you become a Member of TheTalkOfLawrence.com, you
accept responsibility for all activities that occur under your
account or password, and agree not to sell, transfer or assign
your Membership or any Membership rights. You are responsible
for maintaining the confidentiality of your password and for restricting
access to your computer so others outside your household may not
access TheTalkOfLawrence.com using your name in whole or in part without
our permission. If you believe someone has accessed TheTalkOfLawrence.com
using your user name and password without your authorization,
e-mail us immediately via our Contact
Us page.
User-Provided
Information and Content
By
providing information to, communicating with, and/or placing material
on, TheTalkOfLawrence.com, including for example communication during
registration, communication on any TheTalkOfLawrence.com bulletin board,
message or chat area, posting any other content, you represent
and warrant: (1) you own or otherwise have all necessary rights
to the content you provide and the rights to use it as provided
in this Terms of Service; (2) all information you provide is true,
accurate, current and complete, and does not violate these Terms
of Service; and, (3) the content will not cause injury to any
person or entity. Using a name other than your own legal name
is prohibited (except in those specific areas of TheTalkOfLawrence.com
that specifically ask for unique, fictitious names, e.g., certain
message boards and chat rooms).
For
all such information and material, you grant TheTalkOfLawrence.com,
a royalty-free, perpetual, irrevocable, non-exclusive right and
license to use, copy, modify, display, archive, store, distribute,
reproduce and create derivative works from such information, in
any form, media, software or technology of any kind now existing
or developed in the future. Without limiting the generality of
the previous sentence, you authorize TheTalkOfLawrence.com to share
the information across the entire TheTalkOfLawrence.com Web site, to
include the information in a searchable format accessible by users
of TheTalkOfLawrence.com Web site, and to use your name and any other
information in connection with its use of the material you provide.
You also grant TheTalkOfLawrence.com the right to use any material,
information, ideas, concepts, know-how or techniques contained
in any communication you send to us for any purpose whatsoever,
including but not limited to developing, manufacturing and marketing
products using such information. All rights in this paragraph
are granted without the need for additional compensation of any
sort to you.
Please
note TheTalkOfLawrence.com does not accept unsolicited materials or
ideas for use or publication, and is not responsible for the similarity
of any of its content or programming in any media to materials
or ideas transmitted to TheTalkOfLawrence.com. Should you send any unsolicited
materials or ideas, you do so with the understanding no additional
consideration of any sort will be provided to you, and you are
waiving any claim against TheTalkOfLawrence.com and its affiliates regarding
the use of such materials and ideas, even if material or an idea
is used that is substantially similar to the idea you sent.
Transactions
and e-commerce on our site
During
your visit to our site you may elect to engage in a transaction
involving the purchase of a product or the making of a contribution.
To serve you most efficiently, credit card transactions and order
fulfillment are often handled by a third party processing agent,
bank or distribution institution. While in most cases transactions
are completed without difficulty, there is no such thing as "perfect
security" on the Internet or offline. If you're concerned
about online credit card safety, in most cases a telephone number
will be made available so you can call us and place your order
by phone. TheTalkOfLawrence.com cannot take responsibility for the success
or security of transactions undertaken or processed by third parties.
On
occasion, a product or service may not be available at the time
or the price as it appears in an offer. In such event, or in the
event a product or service is listed at an incorrect price or
with incorrect information due to typographical error, technology
effort, error in the date or length of publication, or error in
pricing or product information received from our suppliers, you
agree TheTalkOfLawrence.com is not responsible for such errors or discrepancies.
Other
Specifics About Interactive Areas (Message Boards, Chat Areas,
etc.)
TheTalkOfLawrence.com
bulletin boards, chat rooms and other such interactive areas are
provided to give users an interesting and stimulating forum to
express their opinions and share ideas and information. Given
the nature of TheTalkOfLawrence.com and the volume of messages and postings,
TheTalkOfLawrence.com cannot and does not monitor all of the material
posted or transmitted by users and third party information providers.
To protect your safety, please use your best judgment when using
these forums. We particularly discourage divulging personal phone
numbers and addresses or other information that can be used to
identify or locate you. If you make such disclosures either through
postings on the bulletin boards, chat rooms, or in other interactive
areas, or to third parties in any communication, you do so fully
understanding the consequences of such disclosures and with a
knowing consent that such information could be used to identify
you. TheTalkOfLawrence.com reserves the right to delete, move or edit
any communications at any time, for any reason or in its discretion,
but has no obligation to review or remove any such content.
Posting
Rules
Interactive
areas, discussion boards, chat rooms, etc., are intended to encourage
public debate. We expect people to differ - judgment and opinion
are subjective things – and we encourage freedom of speech
and a marketplace of ideas. But by using these areas of TheTalkOfLawrence.com,
you are participating in a community that is intended for all
our users. Therefore, we reserve the right to remove any content
posted on our site at any time for any reason. Decisions as to
whether content violates any Posting Rule will be made by TheTalkOfLawrence.com
in its discretion after we have actual notice of such posting.
Without limiting our right to remove content, we have attempted
to provide guidelines to those posting content on our site. In
addition, please review our Privacy
Policy and our doctrine of and Mutual Respect.
When using TheTalkOfLawrence.com, please do not post material that:
· contains vulgar, profane, abusive, racist or hateful
language or expressions, epithets or slurs, text, photographs
or illustrations in poor taste, inflammatory attacks of a personal,
racial or religious nature.
· is defamatory, threatening, disparaging, grossly inflammatory,
false, misleading, fraudulent, inaccurate, unfair, contains
gross exaggeration or unsubstantiated claims, violates the privacy
rights of any third party, is unreasonably harmful or offensive
to any individual or community.
· violates any right of TheTalkOfLawrence.com or any third
party.
· discriminates on the grounds of race, religion, national
origin, gender, age, marital status, sexual orientation or disability,
or refers to such matters in any manner prohibited by law.
· violates or inappropriately encourages the violation
of any municipal, state, federal or international law, rule,
regulation or ordinance.
· unfairly interferes with any third party's uninterrupted
use of TheTalkOfLawrence.com.
· advertises, promotes or offers to trade any goods or
services, except in areas specifically designated for such purpose.
· uploads copyrighted or other proprietary material of
any kind on TheTalkOfLawrence.com without the express permission of
the owner of that material.
· uses or attempt to use another's account, password,
service or system except as expressly permitted by the Terms
of Service.
· uploads or transmits viruses or other harmful, disruptive
or destructive files.
· disrupts, interferes with, or otherwise harms or violates
the security of TheTalkOfLawrence.com, or any services, system resources,
accounts, passwords, servers or networks connected to or accessible
through TheTalkOfLawrence.com or affiliated or linked sites.
· "flames" any individual or entity (e.g.,
sends repeated messages related to another user and/or makes
derogatory or offensive comments about another individual),
or repeats prior posting of the same message under multiple
threads or subjects.
WARNING: A VIOLATION OF THE FOREGOING GUIDELINES MAY BE REFERRED
TO LAW ENFORCEMENT AUTHORITIES.
Communications
with Third Parties Through TheTalkOfLawrence.com. Your dealings or communications
through TheTalkOfLawrence.com with any party other than TheTalkOfLawrence.com
are solely between you and that third party.
During
your visit to TheTalkOfLawrence.com you may link to, or view as part
of a frame, certain content that is actually created or hosted
by a third party. You may be introduced to, or be able to access,
information, Web sites, advertisements, features, contests or
sweepstakes offered by other parties. TheTalkOfLawrence.com is not responsible
for the actions or policies of such third parties. You should
check the applicable terms of service and privacy policies of
those third parties when providing information on such a feature
or page.
General
Disclaimer and Limitation of Liability:
While
TheTalkOfLawrence.com uses reasonable efforts to include accurate and
up-to-date information, we make no warranties or representations
as to the accuracy of the Content and assume no liability or responsibility
for any error or omission in the Content. TheTalkOfLawrence.com does
not represent or warrant that use of any Content will not infringe
rights of third parties. TheTalkOfLawrence.com has no responsibility
for actions of third parties or for content provided or posted
by others.
USE
OF TheTalkOfLawrence.com IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED
"AS IS" AND "AS AVAILABLE." NEITHER TheTalkOfLawrence.com,
NOR ANY OF THEIR AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE
EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM,
MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING TheTalkOfLawrence.com,
THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR
SERVICES AVAILABLE ON OR THROUGH TheTalkOfLawrence.com, AND/OR THE RESULTS
THAT MAY BE OBTAINED FROM USE OF TheTalkOfLawrence.com OR SUCH CONTENT
OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT
LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES TheTalkOfLawrence.com
WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. TheTalkOfLawrence.com AND
ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED
BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE
TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER
PROPERTY.
TheTalkOfLawrence.com
CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS
OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. TheTalkOfLawrence.com
DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY
OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED,
UPLOADED OR DISTRIBUTED THROUGH THE TheTalkOfLawrence.com. ANY RELIANCE
UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT
YOUR SOLE RISK.
IN
NO EVENT SHALL TheTalkOfLawrence.com OR ITS AFFILIATES, EMPLOYEES, AGENTS,
CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL,
SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION,
DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS
IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL TheTalkOfLawrence.com OR ITS AFFILIATES, EMPLOYEES,
AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT
FOR DIRECT DAMAGES IN EXCESS OF $100.
Indemnity
YOU
AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, TheTalkOfLawrence.com
AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS,
DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS
AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED
TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL
PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES
AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING:
(1) YOUR USE OF TheTalkOfLawrence.com; (2) TheTalkOfLawrence.com'S USE OF
ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS
NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL
POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF
NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT BY
YOU.
International
Users
TheTalkOfLawrence.com
is controlled, operated and administered by TheTalkOfLawrence.com from
its offices within the United States. TheTalkOfLawrence.com makes no
representation that materials or Content available through TheTalkOfLawrence.com
are appropriate or available for use outside the United States
and access to them from territories where their contents are illegal
is prohibited. You may not use TheTalkOfLawrence.com or export the Content
in violation of U.S. export laws and regulations. If you access
TheTalkOfLawrence.com from a location outside the United States, you
are responsible for compliance with all applicable laws.
Miscellaneous
TheTalkOfLawrence.com
reserves the right to change these Terms of Service at any time
in its discretion and to notify users of any such changes solely
by changing this Terms of Service. Your continued use of TheTalkOfLawrence.com
after the posting of any amended Terms of Service shall constitute
your agreement to be bound by any such changes. Your use of this
site prior to the time this Terms of Service was posted will be
governed according to the Terms of Service that applied at the
time of your use.
TheTalkOfLawrence.com
may modify, suspend, discontinue or restrict the use of any portion
of TheTalkOfLawrence.com, including the availability of any portion
of the Content at any time, without notice or liability. TheTalkOfLawrence.com
may deny access to any person or user at any time for any reason.
These
Terms of Service will be governed by and construed in accordance
with the laws of the State of Kansas, without regard to its conflicts
of law provisions. You hereby agree that any cause of action you
may have with respect to TheTalkOfLawrence.com must be filed in a federal
or state court located in Douglas County, KS, within two months
of the time in which the events giving rise to such claim began,
or you agree to waive such claim. You agree no such claim may
be brought as a class action. If for any reason any provision
of this Agreement is found unenforceable, that provision shall
be enforced to the maximum extent permissible so as to effect
the intent of the parties as reflected in that provision, and
the remainder of the Agreement shall continue in full force and
effect. Any failure of TheTalkOfLawrence.com to enforce or exercise
any provision of this Agreement or related right shall not constitute
a waiver of that right or provision. The section titles used in
this Agreement are purely for convenience and carry with them
no legal or contractual effect. In the event of termination of
this Agreement for any reason, you agree the following provisions
will survive: the provisions regarding limitations on your use
of Content, the license(s) you have granted to TheTalkOfLawrence.com,
and all other provisions for which survival is equitable or appropriate.
In
the case of a conflict between these terms and the terms of any
electronic or machine readable statement or policy (for example,
a P3P electronic privacy policy), these Terms of Service shall
control. Similarly, in case of a conflict between these terms
and our Privacy Policy, these Terms of Service control.
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