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Terms of Use

Last Updated: Sept 26, 2020

These Terms of Use (the "Agreement") constitutes a legally binding agreement made between you, whether personally or on behalf of another entity ("user" or "you") and Dwayne Harris, LLC ("the Company", "me", "I"), concerning your access to and use of the dwayne.xyz website as well as any APIs, services, media form, media channel, mobile website, or mobile application related or connected thereto (collectively, "the Website").

Your access to and use of the Website is conditioned on your acceptance of and compliance with this Agreement. These Terms apply to all visitors, users and others who access or use the Website.

By accessing or using the Website you agree to be bound by this Agreement. If you disagree with any part of the terms then you may not access the Website.

1. PURCHASES

If you wish to purchase any product or service made available through the Website ("Purchase"), you may be asked to supply certain information relevant to your Purchase. If you have ordered a product or service that is subject to recurring charges then you consent to being charged via your chosen payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service.

2. ACCOUNT REGISTRATION

By using the Website, you represent and warrant that:

  1. all registration you submit is truthful and accurate;
  2. you will maintain the accuracy of such information;
  3. you will keep your password confidential and will be responsible for all use of your password and account;
  4. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Website; and
  5. your use of the Website does not violate any applicable law or regulation.

The Company reserves the right to remove or reclaim or change a user name you select if it's determined that it's appropriate at its discretion, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a user name that does not closely relate to a user's actual name.

3. CONTENT YOU PROVIDE

The Website may involve participation in blogs, comments, message boards, forums, and other functionality that may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to the Company and/or to the Website, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively "Contributions"). Any Contributions you transmit to the Company will be treated as non-confidential and non-proprietary. When you create or make available a Contribution, you thereby represent and warrant that:

  1. the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
  2. you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize the Company and the Website users to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;
  3. your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;
  4. your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation.

4. CONTRIBUTION LICENSE

By posting Contributions to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to the Company, an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or part) and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes the Company's use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide. The Company does not assert any ownership over your Contributions; rather as between me and you, subject to the rights granted to us in this Agreement, your retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.

The Company has the right, in it's sole and absolute discretion, to (a) edit, redact or otherwise change any Contributions, (b) re-categorize any Contributions to place them in more appropriate locations or (c) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement.

By uploading your Contributions to the Website, you hereby authorize the Company to grant to each end user a personal, limited, non-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print, and otherwise use your Contributions for their internal purposes and not for distribution, transfer, sale, or commercial exploitation of any kind.

5. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Website ("Submissions") provided by you to the Company are non-confidential and the Company shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.

6. PROHIBITED ACTIVITIES

You may not access or use the Website for any other purpose than that for which the Company makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Company. Prohibited activity includes, but is not limited to:

  1. attempting to impersonate another user or person or using the username of another user;
  2. criminal or tortious activity;
  3. making any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
  4. using any information obtained from the Website in order to harass, abuse, or harm another person;
  5. using the Website in a manner inconsistent with any and all applicable laws and regulations.

7. INTELLECTUAL PROPERTY RIGHTS

The content of the Website ("Company Content") and the trademarks, service marks, and logos contained therein ("Marks") are owned by or licensed to the Company, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company Content includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics. All Company graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, common law trademarks, or trade dress of the Company in the United States and/or other countries. The Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or part, without the prior written permission of the Company.

Company Content on the Website is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.

8. SITE MANAGEMENT

The Company reserves the right but does not have the obligation to:

  1. monitor the Website for violations of this Agreement;
  2. take appropriate legal action against anyone who, in the Company's sole discretion, violates this Agreement, including without limitation, reporting such users to law enforcement authorities;
  3. in the Company's sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user's contribution or any portion thereof that may violate this Agreement or any Company policy;
  4. in the Company's sole discretion and without limitation, notice, or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to the Company's systems;
  5. otherwise manage the Website in a manner designed to protect the rights and property of the Company and others and to facilitate the proper functioning of the Website.

9. PRIVACY POLICY

Please review the Company's Privacy Policy at dwayne.xyz/privacy. By using the Website, you are consenting to have your personal data transferred to and processed in the United States. By using the Website, you are consenting to the terms of the Company's Privacy Policy.

10. TERM AND TERMINATION

These Terms shall remain in full force and effect while you use the Website or are otherwise a user or member of the Website, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings or by using the contact information below.

Without limiting any other provision of this Agreement, the Company reserves the right to, in the Company's sole discretion and without notice or liability, deny access to and use of the Website, to any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in this Agreement, or of any applicable law or regulation, and the Company may terminate your use or participation in the website, delete your profile and any content or information you have posted at any time, without warning, in the Company's sole discretion.

In order to protect the integrity of the Website, the Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing Website.

If the Company terminates or suspends your account for any reason, you are prohibited from registering and create a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, the Company reserves the right to take appropriate legal action, including without limitation persuing civil, criminal, and injunctive redress.

11. MODIFICATIONS TO SERVICES

The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Website and Company Services (or any part therof) with or without notice. You agree that the Company shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Company Services.

12. DISCLAIMERS

The Company cannot control the nature of all the content available on the Website. By operating the Website, the Company deos not represent or imply that the Company endorses any blogs, contributions, or other content available on or linked to by the Website, including without limitation content hosted on third party websites or provided by third party applications, or that the Company believes contributions, blogs or other content to be accurate, useful or non-harmful. The Company does not control and is not responsible for unlawful or otherwise objectionable content you may encounter on the Website or in connection with any contributions. The Company is not responsible for the conduct, whether online or offline, of any user of the Website.

You agree that your use of the Website will be at your sole risk. The Company makes no warranties or representations about the accuracy or completeness of the Website's content or the content of any websites linked to this Website and assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website, (c) any unauthorized access to or use of my secure servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from the Website, (e) any bugs, viruses, trojan horses, or the link which may be transmitted to or through the Website by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Website. The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked website or featured in any banner or other advertising, and the Company will not be a party to or in any way be responsible for monitoring any transaction between you and third party providers of products or services.

13. CONTACT

In order to resolve a complaint regarding the Company Services or to receive further information regarding the use of the Company Services, please contact me using the information below.

Dwayne Harris, LLC
Dwayne Harris
Email: support@dwayne.xyz