Terms of Use Agreement

Read This Terms of Use Agreement Before Accessing Website.

Effective Date:  This Terms of Use Agreement was last updated on July 31st, 2009.

This Terms of Use Agreement sets forth the standards of use of the Ron Carter Productions LLC doing business as Walltlet LLC via www.walltlet.com Online Service for Registered Members. By using the Walltlet website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update these terms and conditions of this agreement without prior notice.  Modifications shall become effective immediately upon being posted at the Walltlet.com website.  Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

Ron Carter Productions LLC hereafter referred to as Walltlet is providing the end-user hereafter referred to as the “Member” with the free service of communication via “Walltlets” where a “Walltlet” is a form of discussion on any given topic. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.

2. Disclaimer of Warranties.

The site is provided by Walltlet on an “as is” and on an “as available” basis. Walltlet shall have no liability for any interruptions in the use of this Website.  Walltlet disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.  Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability

WALLTLET SHALL NOT be liable for any damages whatsoever, and in particular WALLTLET shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Walltlet has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

4. Indemnification

Member agrees to indemnify and hold Walltlet, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

5. Members Account

All Members of Walltlet shall receive a password and an account.  Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify Walltlet of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Walltlet.

6. Modifications and Interruption to Service

Walltlet reserves the right to modify or discontinue the Service with or without notice to the Member. Walltlet shall not be liable to Member or any third party should Walltlet exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Walltlet does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

7. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties.  You acknowledge that Walltlet is not responsible for the availability of, or the content located on or through, any third-party site.  Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

8. Governing Jurisdiction of the Courts Wisconsin

Our website is operated and provided in the State of Wisconsin.  As such, we are subject to the laws of the State Wisconsin, and such laws will govern this Terms of Use, without giving effect to any choice of law rules.  We make no representation that our website or other services are appropriate, legal or available for use in other locations.  Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Wisconsin.

9. Compliance with Laws.

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws.  Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

10. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2009 Walltlet.com, will all rights reserved, or is the property of Walltlet and/or third parties protected by intellectual property rights.  Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Walltlet is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Walltlet.

Walltlet™ and Walltlet.com™ are proprietary marks of Walltlet.com. Walltlet’s trademarks may not be used in connection with any product or service that is not provided by Walltlet, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Walltlet. Any other use of the trademarks unless otherwise posted on our website(s): www.walltlet.com,  www.walltlet.net, www.walltlet.org, www.waltet.com are strictly prohibited.

All other trademarks displayed on Walltlet’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors.  In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Walltlet.

11. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Walltlet.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail:
Walltlet LLC
7606 6th Avenue

Kenosha, WI
53143

By Email: support@walltlet.com

12. Reasonable Termination of Registered Accounts

Walltlet retains the right, at our sole discretion, to terminate any accounts involved with any of the following:

If any hostnames are used as command and control points for botnets, Walltlet reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

13.  No Guarantees

Walltlet has no warranties or guarantees that your walltlet post will make it to the featured list on the home page located at www.walltlet.com. Having your walltlet featured is chosen at the sole discretion of a walltlet employee.

14. Content posted is permanent.

The member hereby acknowledges that any content posted to the site may not be deleted. The member also agrees that any content posted is of the sole property of Walltlet.com and may be used for advertising purposes, promotional products, featured walltlets and more.

15. Email Address Usage

In order to keep in contact with the Member, Walltlet must have the Members most recent email address on file. Usage of the email address will consist of (1) notifying the member of 3rd party contact for their services. (2) Notifying the member of account changes. (3) Notifying the member of company chances. (4) Notifying the member of new auditions or opportunities regarding 3rd party interacting. (5) Notifying the member of promotions or discounts offered by Walltlet and (6) Notifying the member of upcoming downtime/site maintenance. The member agrees that the failure to deliver emails based on server downtime is by no means the fault of Walltlet and agrees to hereby hold Walltlet harmless as stated in Indemnification at #4.

16. Site Downtime

The Member hereby agrees that Walltlet will be held harmless as stated in Indemnification at #4 for any site downtime.

17. Cancellation

The Member hereby agrees that once an account has been created, it cannot be cancelled; it shall exist for the duration of walltlet.com. As this is a service of mass communication, discussions may continue on after a member no longer wishes to participate. UNDER NO CIRCUMSTANCES IS WALLTLET RESPONSIBLE TO DELETE ANY MATERIAL POSTED. THE MEMBER IS RESPONSIBLE FOR ANYTHING HE/SHE MAY HAVE WRITTEN AND POSTED.

18. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.  You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Walltlet, in our sole discretion, to a third party in the event of a merger or acquisition.  This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member.  Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.