WEBSITE USE AGREEMENT
This Internet Web Site Use Agreement (the “Agreement”) is between you and David Lawrence / Renue International (“DAVID LAWRENCE / RENUE INTERNATIONAL”) with a principal place of business at P. O. Box 152767, Austin, TX 78715. Use of the DAVID LAWRENCE / RENUE INTERNATIONAL Internet Web site (the “DAVID LAWRENCE / RENUE INTERNATIONAL Web Site”) signifies your agreement to the terms and conditions of use set forth below in the Agreement:
Acceptance
(1) You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS DAVID LAWRENCE / RENUE INTERNATIONAL WEBSITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use the DAVID LAWRENCE / RENUE INTERNATIONAL Web Site.
Use of Information; Privacy Policy
(2) DAVID LAWRENCE / RENUE INTERNATIONAL may monitor your use of the DAVID LAWRENCE / RENUE INTERNATIONAL Web Site, and may freely use and disclose with or without attribution any information and materials received from you or collected through your use of the DAVID LAWRENCE / RENUE INTERNATIONAL Web Site for any lawful reason or purpose. However, personal information other than what you may disclose by posting messages and other forms of public communications to the DAVID LAWRENCE / RENUE INTERNATIONAL Web Site shall be handled in accordance with the DAVID LAWRENCE / RENUE INTERNATIONAL’ Privacy Policy.
Modification of Agreement
(3) DAVID LAWRENCE / RENUE INTERNATIONAL reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, including without limitation the Privacy Policy, in whole or in part, at any time. Such changes will be posted on the DAVID LAWRENCE / RENUE INTERNATIONAL Web Site. You agree that your continued use of the DAVID LAWRENCE / RENUE INTERNATIONAL Web Site shall constitute your unconditional acceptance of any such changes, modifications, additions, or removals, of or to this Agreement.
Copyright
(4) The DAVID LAWRENCE / RENUE INTERNATIONAL Web Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the DAVID LAWRENCE / RENUE INTERNATIONAL Web Site, including, without limitations, text, comments, messages, video, graphics, interactive features, and all other materials contained thereon (“Content”), are provided AS-IS, only for your information and personal, non-commercial use. All Content contained on the DAVID LAWRENCE / RENUE INTERNATIONAL Web Site is protected by copyright, and are owned or controlled by DAVID LAWRENCE / RENUE INTERNATIONAL or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the DAVID LAWRENCE / RENUE INTERNATIONAL Web Site. You may download and make one (1) copy of the Content and other downloadable items displayed on this DAVID LAWRENCE / RENUE INTERNATIONAL Web Site for personal, non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, non-commercial use is expressly prohibited, and Content may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever, without the prior written permission from DAVID LAWRENCE / RENUE INTERNATIONAL or the copyright holder identified in the individual Content’s copyright notice.
Rights To User Submitted Content / “Communications”
(5) By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to the DAVID LAWRENCE / RENUE INTERNATIONAL Web Site, you hereby grant to DAVID LAWRENCE / RENUE INTERNATIONAL a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, incorporate into any works, and otherwise exploit such Communications, in all media (photos, videos, audio files, text, and other materials) now known or hereafter developed whether as a part of DAVID LAWRENCE / RENUE INTERNATIONAL.com or otherwise including but not limited to social media. You hereby waive all rights to any claim against DAVID LAWRENCE / RENUE INTERNATIONAL for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You acknowledge and agree that transmission to and from the DAVID LAWRENCE / RENUE INTERNATIONAL Web Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to DAVID LAWRENCE / RENUE INTERNATIONAL, no confidential, fiduciary, contractually implied, or other relationship is created between you and DAVID LAWRENCE / RENUE INTERNATIONAL other than pursuant to this Agreement. You acknowledge and agree that (i) DAVID LAWRENCE / RENUE INTERNATIONAL has no obligation to use or respond to any Communications; (ii) DAVID LAWRENCE / RENUE INTERNATIONAL does not and shall not have any obligation to preview or review any Communications; (iii) DAVID LAWRENCE / RENUE INTERNATIONAL does not assure the accuracy or quality of Communications or that harmful offensive, unlawful or otherwise objectionable Communications will not appear on the DAVID LAWRENCE / RENUE INTERNATIONAL Web Site; (iv) DAVID LAWRENCE / RENUE INTERNATIONAL may monitor any or all Communications in its sole discretion; (v) DAVID LAWRENCE / RENUE INTERNATIONAL may remove any Communications, in whole or in part, from the DAVID LAWRENCE / RENUE INTERNATIONAL Web Site; and (vi) DAVID LAWRENCE / RENUE INTERNATIONAL may exclude any person from further use of the DAVID LAWRENCE / RENUE INTERNATIONAL Web Site.
The responsibility for Communications is that of the persons transmitting the same to the DAVID LAWRENCE / RENUE INTERNATIONAL Web Site. DAVID LAWRENCE / RENUE INTERNATIONAL disclaims any responsibility for any inappropriate statements or material or any incorrect information contained in any Communications.
You represent and warrant that: (a) you have all rights in and to your Communications (whether through ownership or licenses, consents, and permissions from the owner) required for (i) you to lawfully submit your Communications to the DAVID LAWRENCE / RENUE INTERNATIONAL Web Site and grant the rights to your Communications provided in this Agreement, and (ii) your Communications to be posted and transmitted to and through the DAVID LAWRENCE / RENUE INTERNATIONAL Web Site, for the purposes authorized under this Agreement; (b) you have all required licenses, consents, releases and/or permissions to use the name and/or likeness of each identifiable individual person in your Communications in the manner authorized under this Agreement, and (c) the posting and transmission of your Communications on and through the DAVID LAWRENCE / RENUE INTERNATIONAL Web Site for the purposes authorized under this Agreement do not violate the privacy rights, publicity rights, copyrights, patents, trademarks, contract rights or any other rights of any person or entity, or violate any law, rule, regulation or order.
Use of Web Site; Non-Commercial Use
(6) The DAVID LAWRENCE / RENUE INTERNATIONAL Web Site is meant for personal use only and may not be used in connection with any commercial activities or endeavors or the sale of any services or products without our express prior written approval, which may be withheld for any reason.
You agree not to: (a) initiate or operate any sweepstakes, contests, gambling, advertising, barter or pyramid schemes on or through the DAVID LAWRENCE / RENUE INTERNATIONAL Web Site; (b) solicit personally identifying information for commercial or unlawful purposes from other Users; (c) transmit any form of chain letters, spam or junk email to other Users; (d) use any information obtained from or through the DAVID LAWRENCE / RENUE INTERNATIONAL Web Site (i) to abuse, harass, or harm another person, (ii) for any illegal activity, or (iii) without our prior written approval, to advertise to, contact for commercial purposes, solicit, or sell to any other User; (e) use the DAVID LAWRENCE / RENUE INTERNATIONAL Web Site for, or conduct on or through the DAVID LAWRENCE / RENUE INTERNATIONAL Web Site, any illegal and/or unauthorized activities; or (f) establish any unauthorized framing of or linking to the DAVID LAWRENCE / RENUE INTERNATIONAL Web Site.
DAVID LAWRENCE / RENUE INTERNATIONAL reserves the right to restrict the number of emails which a User may send to other Users in any twenty-four (24) hour period to a number which DAVID LAWRENCE / RENUE INTERNATIONAL deems appropriate in its sole discretion. If you send unsolicited bulk email, spam, instant messages, or other unsolicited communications of any kind through the DAVID LAWRENCE / RENUE INTERNATIONAL Web Site you acknowledge that you will have caused substantial harm to DAVID LAWRENCE / RENUE INTERNATIONAL and/or the DAVID LAWRENCE / RENUE INTERNATIONAL Web Site that will be difficult, if not impossible, to ascertain, entitling DAVID LAWRENCE / RENUE INTERNATIONAL to seek an injunction from a court of competent jurisdiction, prohibiting any such improper or unauthorized acts, in addition to such other rights and remedies as may be available to DAVID LAWRENCE / RENUE INTERNATIONAL.
While the DAVID LAWRENCE / RENUE INTERNATIONAL assumes no responsibility for monitoring the DAVID LAWRENCE / RENUE INTERNATIONAL Web Site, it will, when it deems it appropriate, investigate activity in connection with the DAVID LAWRENCE / RENUE INTERNATIONAL Web Site that DAVID LAWRENCE / RENUE INTERNATIONAL believes may be illegal, unauthorized or a breach of the terms of this Agreement. If deemed appropriate by DAVID LAWRENCE / RENUE INTERNATIONAL, it will initiate appropriate legal action with respect to such activities, including without limitation, criminal, civil, and injunctive redress. DAVID LAWRENCE / RENUE INTERNATIONAL reserves the right to restrict your activity on, and/or block your access to, the Site at any time for any reason without notice to you.
Disputes Between Users
(7) The resolution of disputes that may arise between Users is the sole responsibility of the Users, and DAVID LAWRENCE / RENUE INTERNATIONAL has no liability or obligation with respect to any such disputes.
Changes to DAVID LAWRENCE / RENUE INTERNATIONAL Web Site
(8) DAVID LAWRENCE / RENUE INTERNATIONAL may change, suspend or discontinue any aspect of the DAVID LAWRENCE / RENUE INTERNATIONAL Web Site at any time, including the availability of any DAVID LAWRENCE / RENUE INTERNATIONAL Web Site feature, database, or Content. DAVID LAWRENCE / RENUE INTERNATIONAL may also impose limits on certain features and services or restrict your access to parts or all of the DAVID LAWRENCE / RENUE INTERNATIONAL Web Site without notice or liability.
Representations
(9) You represent, warrant and covenant that: (a) you will not upload, post, submit or transmit to or distribute or otherwise publish through the DAVID LAWRENCE / RENUE INTERNATIONAL Web Site any materials which (i) restrict or inhibit any other User from using and enjoying the DAVID LAWRENCE / RENUE INTERNATIONAL Web Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, insulting, obscene, vulgar, offensive, hateful, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other codes, files or programs that are designed to disrupt, eradicate or limit the functions or operations of any computer software or hardware, or other electronic equipment, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) you are at least thirteen (13) years old or have the consent of your parent or guardian.
Copyright Infringement Complaints
(10) If you are a copyright owner or an agent thereof and believe any Communications or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) 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;
(d) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(e) A statement that you have 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; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DAVID LAWRENCE / RENUE INTERNATIONAL’s designated Copyright Agent to receive notifications of claimed infringement is: Attn: David Lawrence, Inc., P. O. Box 152767, Austin, Texas, 78715 or info@DavidLawrence.us
Indemnity
(11) You hereby agree to indemnify, defend and hold DAVID LAWRENCE / RENUE INTERNATIONAL, its subsidiaries, and affiliates, and their respective officers, directors, agents, employees, information providers, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all claims, actions, damages, liabilities, and costs (including, without limitation, attorneys’ fees and court costs) incurred by the Indemnified Parties in connection with or arising out of any breach by you of the Agreement or the foregoing representations, warranties, and covenants. You shall cooperate as fully as reasonably required in the defense of any claim. DAVID LAWRENCE / RENUE INTERNATIONAL reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not, in any event, settle any matter without the written consent of DAVID LAWRENCE / RENUE INTERNATIONAL.
Web Links
(12) The DAVID LAWRENCE / RENUE INTERNATIONAL Web Site contains links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the DAVID LAWRENCE / RENUE INTERNATIONAL Web Site. Links to and from DAVID LAWRENCE / RENUE INTERNATIONAL Web Site to other third party sites, maintained by third parties, do not constitute an endorsement by DAVID LAWRENCE / RENUE INTERNATIONAL or any of its subsidiaries or affiliates of any third party resources, or their contents. DAVID LAWRENCE / RENUE INTERNATIONAL disclaims any and all responsibility for the content contained in any third-party materials provided through links from the DAVID LAWRENCE / RENUE INTERNATIONAL Web Site.
Disclaimer of Warranties
(13) THE DAVID LAWRENCE / RENUE INTERNATIONAL WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE DAVID LAWRENCE / RENUE INTERNATIONAL WEB SITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DAVID LAWRENCE / RENUE INTERNATIONAL AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE DAVID LAWRENCE / RENUE INTERNATIONAL WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE DAVID LAWRENCE / RENUE INTERNATIONAL WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE DAVID LAWRENCE / RENUE INTERNATIONAL WEB SITE OR ANY LINKED SITE. FURTHER, DAVID LAWRENCE / RENUE INTERNATIONAL AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DAVID LAWRENCE / RENUE INTERNATIONAL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE DAVID LAWRENCE / RENUE INTERNATIONAL WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE DAVID LAWRENCE / RENUE INTERNATIONAL WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DAVID LAWRENCE / RENUE INTERNATIONAL AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE DAVID LAWRENCE / RENUE INTERNATIONAL WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
Limitation of Liability.
(14) DAVID LAWRENCE / RENUE INTERNATIONAL, ITS AFFILIATES, AND ITS SUBSIDIARIES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE DAVID LAWRENCE / RENUE INTERNATIONAL WEB SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE DAVID LAWRENCE / RENUE INTERNATIONAL WEB SITE, EVEN IF DAVID LAWRENCE / RENUE INTERNATIONAL KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE DAVID LAWRENCE / RENUE INTERNATIONAL WEBSITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE DAVID LAWRENCE / RENUE INTERNATIONAL WEBSITE AND/OR THOSE SERVICES.
Choice of Law; Jurisdiction
(15) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, UNITED STATES OF AMERICA, WITHOUT REGARD TO CONFLICTS OF LAWS OR CHOICE OF LAW PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF TEXAS, UNITED STATES OF AMERICA.
Miscellaneous
(16) This Agreement constitutes the entire agreement between DAVID LAWRENCE / RENUE INTERNATIONAL and you with respect to your use of the DAVID LAWRENCE / RENUE INTERNATIONAL Web Site. Any cause of action you may have with respect to your use of the DAVID LAWRENCE / RENUE INTERNATIONAL Web Site must be commenced within one (1) year after the claim or cause of action arises, or else is irrevocably waived. Paragraph headings are for reference only and do not in any way define or limit the scope or meaning of such paragraph. If DAVID LAWRENCE / RENUE INTERNATIONAL fails to take action concerning any breach by you of this Agreement, you agree that any such failure to act does not waive DAVID LAWRENCE / RENUE INTERNATIONAL’s right to take action concerning any subsequent or similar breach. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
(17) Terms of Use pertaining to Podcasts and DAVID LAWRENCE / RENUE INTERNATIONAL’s Downloadable Services are contained in the DAVID LAWRENCE / RENUE INTERNATIONAL Podcasts/Downloadable Services Terms of Use
(18) YOUR CALIFORNIA PRIVACY RIGHTS. California Civil Code Section 1798.83 permits customers of DAVID LAWRENCE / RENUE INTERNATIONAL who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to info@davidlawrence.live or write to us:
DAVID LAWRENCE / RENUE INTERNATIONAL
P. O. Box 152767
Austin, TX 78715