Article 1: General
1.1 Welcome to the website at www.wmjwhitney.com ('Site') which is owned by William Whitney ('WHITNEY'), who operates the Site. Materials on the Site are owned, for the most part, by WHITNEY, but not exclusively. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between any third party and WHITNEY.
Article 2: Access and Use
2.1 All materials contained in this Site are protected by international and United States copyright laws and must only be used for personal, non-commercial purposes. Accordingly, you may only view or download material from this Site for your personal use and you must keep all copyright and other proprietary notices attached to the downloaded material.
2.2 The reproduction, duplication, distribution (including by way of e-mail, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is strictly forbidden unless you have obtained the prior written consent of WHITNEY, or as may be expressly permitted by this Site. The material covered by this includes, but is not limited to, any text, graphics, logos, photographs, audio or video material available on this Site. The use of materials from this Site on any other website or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute in digital form the online materials found on this Site can be made by contacting WHITNEY via the Site, and “Contact” tab.
2.3 You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, but not limited to, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
Article 3: Blogs
3.1 You are encouraged to post, transmit or submit messages and other materials (which include uploading files, inputting data or any other materials or engaging in any form of communication in connection with this Site) (collectively 'Messages') the blog(s) or other public areas within, or in connection with this Site (collectively 'Blogg'). However, WHITNEY accepts no responsibility whatsoever in connection with or arising from such Messages.
3.2 WHITNEY does not endorse and has no control over the content of Messages submitted by others to Blogg. Messages submitted to Blogg are not necessarily reviewed by WHITNEY prior to posting and do not necessarily reflect the opinions or policies of WHITNEY. WHITNEY makes no warranties, express or implied, as to the content of the Messages in the Blogg or the accuracy and reliability of any Messages and other materials in the Blogg. Nonetheless, WHITNEY reserves the right to prevent you from submitting Materials to Blogg and to edit, restrict or remove such Messages for any reason at any time.
3.3 WHITNEY assumes no responsibility for actively monitoring Blogg for inappropriate Messages. If at any time WHITNEY chooses, in its sole discretion, to monitor the Blogg, WHITNEY nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Blogg, you agree to strictly limit yourself to discussions about WHITNEY’s published work, news, and any of WHITNEY’s Blog postings.
3.4 You agree that WHITNEY accepts no liability whatsoever if WHITNEY prevents your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to not permit any other user of this Site to access, view, store or reproduce the material for that other user's personal use, nor to restrict or inhibit the use of the Site by any other person.
3.5 You agree that you will not submit Messages to Blogg that:
- are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
- violate the copyright, trademark or other intellectual property rights of any other person. By submitting Messages to Blogg, you represent to WHITNEY that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner;
- improperly assume or claim the identity, characteristics or qualifications of another person;
- are for purpose of spamming;
- contain any virus or other harmful component;
- are libelous, or an invasion of privacy or publicity rights or any other third party rights; or
- are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations.
3.6 You agree that any Message whatsoever submitted by you becomes the property of WHITNEY and may be used, copied, sublicensed, adapted, edited, transmitted, distributed, publicly performed, published, displayed or deleted as WHITNEY sees fit, without recourse.
3.7 You agree to release WHITNEY, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Blogg. If at any time you are not happy with Blogg or object to any material within Blogg, your exclusive remedy is to immediately cease and desist from using the Site.
Article 4: Linked Sites
4.1 If WHITNEY has provided links or pointers to other websites, no inference or assumption should be made and no representation should be implied that WHITNEY is connected with, operates or controls these websites.
Article 5: Liabilities and Warranties
5.1 While WHITNEY endeavors to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk.
5.2 The Site, and all materials in this Site, are provided 'as is' and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that WHITNEY DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable.
5.3 You acknowledge that WHITNEY, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, IS NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.
5.4 You acknowledge that WHITNEY is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.
5.5 You acknowledge that WHITNEY is not liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages, in connection with or arising from your use, or inability to use the Site.
Article 6: Indemnities
You agree to defend, indemnify and hold harmless WHITNEY, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of this Site, your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
Article 7: Hacking, Viruses and Other Transgressions
7.3 WHITNEY will not be liable for any loss or damage of any kind, including but not limited to, direct, indirect or consequential damages, regardless of negligence on any level, caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
Article 8: Additional Provisions
8.1 This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that specific provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
8.2 This Agreement is governed by, and construed in accordance with, the laws of the State of Louisiana without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of Louisiana or, if appropriate, the United States District Court for the Eastern District of Louisiana for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
Article 9: Copyright Infringement
9.1 WHITNEY will process notices of alleged infringement which it receives and will take appropriate actions as required by the Digital Millennium Copyright Act (the 'DMCA') and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to WHITNEY's Designated Agent.
Service Provider(s): William Whitney
Name/Contact Information of Designated Agent:
John L. Young, Attorney at Law
915 Saint Louis Street
New Orleans, LA 70112
Telephone: (504) 581-2200
Fax: (504) 581-5100
9.2 To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online side are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.