James Whittingham AGREEMENT

TERMS UNDER WHICH THIS SERVICE IS PROVIDED 

RESTRICTIONS ON USE 

This site is owned and operated by James Whittingham and contains material which is derived in whole or in part from material supplied by James Whittingham, The Associated Press, and other sources, and is protected by copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this site including code and software ("Material"). You may download Material from this site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

SPECIFIC RESTRICTIONS ON USE OF ASSOCIATED PRESS MATERIAL 

Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmissions or delivery of all or any part thereof for any damages arising from any of the foregoing.

LICENSE TO James Whittingham 

By posting messages, uploading files, inputting data, or engaging in any other form of communication (a "Communication") through this service, you are granting James Whittingham a royalty free, perpetual, non-exclusive, unrestricted, worldwide license to:

1. Use, copy, sublicense, adapt, transmit, publicly perform or display any such Communication; and

2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the Communication.

The foregoing grants shall include the right to exploit any proprietary rights in such Communication, including but not limited to rights under copyright, trademark, servicemark, or patent laws under any relevant jurisdiction.

DISCLAIMER 

James Whittingham HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THIS SITE. NEITHER James Whittingham, ITS PARENT OR SUBSIDIARY COMPANIES NOR THEIR AFFILIATES OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE MATERIALS IN THIS SITE AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, James Whittingham DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. James Whittingham DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AND PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. James Whittingham DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU (AND NOT James Whittingham) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.

BULLETIN BOARDS 

This service may include bulletin boards and chat rooms ("Bulletin Boards") which allow feed-back to James Whittingham and real-time interaction between users. James Whittingham does not control the messages, information or files delivered to Bulletin Boards. It is a condition of your use of the Bulletin Boards and this Web site that you do not:

--restrict or inhibit any other user from using and enjoying the Bulletin Boards;
--post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene , vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
--post or transmit any information, software or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
--post or transmit any information, software or other material which contains a virus or other harmful component;
--post, or transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising.

You understand that James Whittingham has no obligation to monitor the Bulletin Boards. However, James Whittingham reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in James Whittingham's sole discretion are objectionable or in violation of these Terms and Conditions.

LIMITATION OF LIABILITY 

Under no circumstances, including, but not limited to, negligence, shall James Whittingham, its subsidiary and parent companies, or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use James Whittingham materials. You specifically acknowledge and agree that James Whittingham is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any James Whittingham material, or with any of James Whittingham's terms and conditions, your sole and exclusive remedy is to discontinue using James Whittingham.

TERMINATION 

This agreement is effective until terminated by James Whittingham, at any time without notice. In the event of termination, you are no longer authorized to access the Bulletin Boards and the restrictions imposed on you with respect to material downloaded from the Bulletin Boards, the disclaimers and limitations of liabilities set forth in this agreement, shall survive.

OTHER 

This agreement shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of law. 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.

The above mumbo-jumbo is a joke.