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Terms Of Use

  • Terms of Use: JKFranks.com
    This Website is managed and maintained by:

    JK Franks and Red Leaf Press
    Email to site manager can be addressed to webmaster@jkfranks.com. Please include the words “Terms of Use” in the subject matter box of your email.
    Restrictions on Use
    This Website is comprised of its visible and audible contents as well as related software applications, and other services and applications.  By accessing or using this Website, you agree to the terms set forth in this Terms of Use agreement as changed from time to time. Manager reserves the right, in its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time.
    Privacy Policy
    Please review our Privacy Policy, which governs our gathering and use of information about you, located at on jkfranks.com. The Privacy Policy is part of the Terms of Use and by accepting these Terms of Use, you accept our Privacy Policy.
    Ownership of Copyright
    This Website contains material that is owned or licensed by Manager.  Except when Manager gives explicit authorization, or as otherwise permitted under law, no material from this Website including computer code and software may be copied, reproduced, republished, uploaded, posted, transmitted, publicly performed, publicly displayed or distributed in any way, except for the following: provided that you retain any and all copyright, trademark and other proprietary notices, you may download material for your personal, non-commercial use.  For any other use, please contact us first for permission.
    Your Content License to Manager
    Your posting or uploading content such as messages, emails, data, answers to questions, videos, data or files or otherwise communicating with Manager through this Website, will not limit or otherwise affect what you may do with such content on your own, or what you may permit parties other than Manager to do with it.
    When you upload content to this Website, you are granting to Manager and its affiliated persons and entities (and to third parties authorized by Manager) a non-exclusive perpetual, irrevocable, worldwide, royalty-free, and unrestricted license to sublicense, adapt, copy, host, exhibit, cache, store, publish, translate, distribute, transmit, publicly perform, publicly display, and otherwise use and re-use that content in and in connection with this Website, as well as in related advertising and promotion, by and through any and all means and media, both now known and later invented or discovered.  This right includes (without limitation) the right to compile your content with the content of others and use it, and permit others to use it, in that form.
    You understand that Manager permits its viewers to copy and share content from visitors that they find on this Website, provided they abide by Manager’s rules.  Accordingly, you agree that under this license, we may permit visitors to this Website to copy your content, share your content with whomever they please, and invite them to share it with whomever they please, and on and on.
    You will receive no royalty or other compensation for this license or for any such licensed use.  You agree that having your content considered by, and/or used in or in connection with this Website, is adequate consideration for this license and for your agreement generally to the Terms of Use.  You waive all moral rights, ancillary rights, and similar rights in and to the content you upload.  Manager is not responsible for any unauthorized use by persons or entities other than Manager of your content.  Manager is not required to use any content you upload in or in connection with this Website.
    Parental Control Protections 
    Parental control protections (such as computer hardware, software, or filtering services) are commercially available and may assist in limiting access to material that is harmful to minors. You can find current providers of such technology by using the following internet search terms: “parental control protections”
    Permission to Use Names, Images and Third Party Property
    You permit Manager, its affiliated persons and entities, and third parties authorized by Manager to use your username in connection with any content you upload, and to identify its source as you.  You warrant that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to use, and to authorize Manager to use, distribute or otherwise exploit in all ways permitted by the Terms of Use, all copyrights, trademarks, privacy and publicity rights (including, without limitation, names, likenesses and voices) and/or other proprietary rights contained in any content that you upload.  You agree not to upload any content that is inconsistent with this warranty.  Without limitation, if any recognizable persons, or any intellectual property belonging to third parties, are included in any content you upload, you warrant that you have authority to do so and to permit Manager to make use of that content as provided in the Terms of Use.  Manager is not responsible for any unauthorized use of such names or any third party property, in your content.
    Improper Use of this Website
    You may not upload to this Website any content that is pornographic, harassing, threatening, obscene, vulgar, offensively violent, abusive, sexually explicit, defamatory, bigoted, hate-related, invasive of privacy, confidentiality, or publicity rights, infringing of copyright, trademark or other proprietary rights, advocating illegal activity or discussion of illegal activity, or otherwise in violation of any law or rule. You remain solely responsible for all such content, and Manager disclaims all liability relating to it. Manager may remove content from this Website for any reason, and reserves the right to edit or otherwise modify content that you upload to cause it to conform to Manager’s policies, all in its sole and absolute discretion.
    At no time will you upload any virus, Trojan horse, worm, back door, time bomb, drop-dead device or any other software routines or hardware components designed to: (a) disable, erase, or otherwise harm software, hardware, data, text or any other information stored in electronic form; (b) cause any of the foregoing with the passage of time; or (c) place a program or hardware under the positive control of a person or entity other than an owner or licensee of the program or hardware.
    You may not use this Website in any manner that could damage, disable, overburden, or impair this Website or interfere with any other party’s use and enjoyment of it.  You may not attempt to gain unauthorized access to this Website, to accounts other than your own, or to computer systems or networks connected to this Website, through hacking, use of third party passwords, or any other unauthorized means.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website.
    No Unsolicited Manuscripts
    Manager does not accept unsolicited manuscripts sent to it through this Website, and takes no responsibility for any manuscript so transmitted.
    Additional Rules
    This Website contains various bulletin boards, contests and other features that are each governed by additional rules. Please read those rules, posted or linked at each feature, before participating in them, as they are considered part of these Terms of Use to which you agree through your continued use of this Website. Also, please note that your postings to any bulletin boards or forums on this Website become immediately public and will be accessible to anyone on the Internet.
    Exclusion of Liability


    YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.  THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  Manager EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

    Manager MAKES NO WARRANTY THAT (i) THIS WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER FROM WHICH IT IS RUN IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL CODES, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS.

    YOUR DOWNLOADING ANY MATERIAL FROM OR THROUGH THIS WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH Manager SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

    YOU UNDERSTAND AND AGREE EXPRESSLY THAT Manager SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Manager HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THIS WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION CONTENT YOU UPLOAD; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THIS WEBSITE. 
    Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
    Links to Other Websites
    Manager may provide, or third parties may provide, at this Website links to other web sites or resources, Manager has no control over such sites and resources, is not responsible for their availability, and does not endorse and shall not be liable to you or any third party, for any advertising, goods or services, or other materials on or available from such sites or resources.  Also, Manager shall not be liable to you or any third party, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such goods or services available on or through any such site or resource. You should always review the terms and conditions of any site that you access through a link from this Website.
    Indemnity
    You agree to defend, indemnify and hold Manager and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these Terms by you or your authorized users, or in connection with the use of this Website or the Internet or the placement or transmission of any message or information on this Website by you or your authorized users. Manager shall provide notice to you promptly of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
    Right to Terminate or Suspend
    Manager, in its sole discretion, reserves the right to terminate or suspend your access to and/or use of this Website, or any part of it for any reason, including, without limitation, if Manager believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use.  Any such termination or suspension may be effected without prior notice to you and Manager shall not be liable to you or any third-party for any such termination or suspension. In the event of termination or suspension, you are no longer authorized to have access to this Website, and all limitations on Manager’s liability and on your use of Website material shall survive.
    Manager may also in its sole discretion and at any time modify or discontinue, temporarily or permanently, this Website (or any part of it), with or without notice.
    Miscellaneous Provisions
    These Terms of Use, along with any additional rules or conditions referred to herein, constitute the entire agreement and understanding between you and Manager as to your use of this Website, superseding all prior or contemporaneous communications and/or proposals.  The Terms of Use and the relationship between you and Manager shall be governed by the laws of the State of Georgia and the United States of America without regard to any conflict of law provisions. No failure or delay by a party in exercising any right, power or privilege under the Terms of Use shall operate as a waiver thereof. Each of these Terms of Use is severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of this Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
    Locations Outside the United States
    Manager makes no representation that the contents of this Website, including without limitation, its Privacy Policy, and any transactions offered, are appropriate or authorized in locations other than the United States of America.  Those who choose to access this Website from locations outside the United States do so at their own risk and are responsible for compliance with all applicable laws.  Software from this Website is subject to United States export controls and may not be downloaded or otherwise exported or re-exported to a national or resident of, or into, Cuba, Iran, North Korea, Iran, Syria or any other country to which the United States has restricted or controlled export; or to anyone forbidden by the government of the United States.
    Copyright Agent 
    Manager respects the intellectual property of others and asks its visitors to do the same.  If you believe that any copyrighted work of yours has been used on or in connection with this Website in a way that constitutes copyright infringement, please provide the Copyright Agent of Manager the following information:

    • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    • a description of the copyrighted work that you claim has been infringed;
    • a description of where the material that you claim is infringing is located on this Website (including a link if possible);
    • your address, telephone number, and email address;
    • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

    The Copyright Agent is to be contacted solely to give notice of copyright infringement or otherwise communicate about copyright protection issues, pursuant to the Copyright Act of the United States.  This address does not connect with JK Franks or persons in his employ and should not be used to attempt to contact Mr. Franks.
    Without limitation of any of its other rights and remedies under the Terms of Use, the policy of Manager is to terminate access to this Website by repeat infringers of copyright.

     

Privacy Policy

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