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Terms of Use

1. Welcome to JohnWayne.com! Thank you for visiting and we hope you enjoy your experience. It is important to us that you and all our visitors have an enjoyable experience while using this website (the “Site”), and that you are fully aware of our respective legal rights and obligations. For that reason, we have created these Terms of Use as the legally binding terms to govern your use of this Site. Please read these Terms of Use carefully before using the Site, because they affect your legal rights and obligations.

By accessing and using the Site, you agree to these Terms of Use (the “Terms”). Please read them carefully. If you do not agree to and accept each of these Terms, please exit the Site. John Wayne Enterprises, the operator of the Site, may terminate your user account or otherwise deny you access should you violate these terms.

2. Site Contents and Components

Everything on the Site, including text and images, is owned and copyrighted by John Wayne Enterprises or others. All rights are reserved unless otherwise noted. You may use or reuse parts of the Site only as stated in these Terms, unless we confirm otherwise to you in writing. Should you wish to use material you find on the Site in a way not described in these Terms, please ask by emailing us at info@johnwayne.com.

3. Your Use of the Site

You may use the Site as follows:

(a).

You may download parts of the Site for noncommercial, personal use, as long as you also do not remove any copyright and/or other proprietary notices contained on or in what you download. We encourage you to use the social media tools we include as part of the Site experience, and to interact with the accounts we maintain on services like Facebook, Twitter, Instagram, Vimeo, and Pinterest. We may share, or allow you to share, parts of the Site on these or other social media platforms from time to time, and you agree that these Terms apply, together with the terms of these third party services themselves, when we do so.

(b).

If you would like to use parts of the Site other than as described in 3(a), above, please direct your request to info@johnwayne.com. Unless we confirm otherwise to you in writing, you may only use the Site and its components as described in these Terms, and are prohibited from and agree not to do otherwise.

4. User Submissions and Conduct

(a).

The Site may allow you to submit material such as comments, questions, suggestions, and media. You retain ownership of any intellectual property rights you hold in that material. When you upload or otherwise submit material to the Site, you give John Wayne Enterprises a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such material, and to sublicense such material as described in 3(a) above and to other companies, organizations or individuals who partner with John Wayne Enterprises. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the Site. Use of your material through this license will be made with no compensation paid to you. Make sure you have the necessary rights to grant this license for any material that you submit, because you agree, represent, and warrant that you have all the rights, power and authority necessary to grant this license. This license continues even if you stop using the Site. You can find more information about how John Wayne Enterprises uses and stores information in our Privacy Policy.

(b).

You agree not to use the Site for any unlawful purposes or in furtherance of illegal activities. You agree to be polite and respectful in your interactions using tools provided by the Site, and you agree not to threaten, intimidate, or harass others. You agree not to submit or post obscenity or pornography. Should you submit any material to the Site, you agree you are at least 13 years of age; the Site does not knowingly accept submissions or any information from children under the age of 13. International users agree to comply with all local laws regarding online conduct and acceptable content. You agree that John Wayne Enterprises has broad discretion to enforce and interpret this provision in order to maintain a civil, open, comfortable, and appropriate atmosphere for all users of the Site.

5. Copyright Policy

John Wayne Enterprises respects the intellectual property rights of others and expects users of the Site to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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 (vi) 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 copyright owner.

We reserve the right to remove material alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, John Wayne Enterprises will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Site is:

John Wayne Enterprises
Attn: Copyright Agent
210 62nd Street
Newport Beach, CA 92663

Email: info@johnwayne.com

6. Disclaimers and Limitations of Liability

Please read this section carefully since it limits the liability of John Wayne Enterprises and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Wayne Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

(a). The Site Is Available “AS-IS”

Your access to and use of Site and each part of it are at your own risk. You understand and agree that the Site are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE WAYNE ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The Wayne Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Site and each part of it; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site and each part of it; (iii) the deletion of, or the failure to store or to transmit, any data, materials, or communications maintained by the Site; and (iv) whether the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Wayne Entities or through the Site, will create any warranty not expressly made herein.

(b). Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WAYNE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OR MATERIAL OBTAINED FROM THE SITE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS, MATERIAL OR SUBMISSIONS.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE WAYNE ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID ANY WAYNE ENTITY, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE WAYNE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

(c). Links

The Site may contain links to third-party websites or resources. You acknowledge and agree that the Wayne Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Wayne Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

7. Law and Jurisdiction

These Terms of Use and your use of the Site are governed by the laws of the State of California, USA, without regard to its choice of law provisions. You agree that the courts of general jurisdiction located within Orange County, California, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact. If any provision of these Terms shall be unenforceable for any reason, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

The Site is controlled and operated by John Wayne Enterprises from its offices within the State of California, USA. Those who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with all local laws, if and to the extent local laws are applicable.

8. Entire Agreement

These Terms and our Privacy Policy are the entire and exclusive agreement between John Wayne Enterprises and you regarding your use of the Site. Other than the Wayne Entities, no other person or company will be third party beneficiaries of the Terms.

9. Waiver and Severability

The failure of John Wayne Enterprises to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

Effective November 8, 2012