PLEASE READ THESE TERMS OF USE CAREFULLY
BEFORE USING THIS SITE. By using this site, you signify your assent
to these terms of use. If you do not agree to these terms of use, please do not use the
site.
RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated by W.T. Kirkman (referred to as "W.T. Kirkman,"
"lanternnet.com," "we," "us," or "our" herein). No
material from any Web site owned, operated, licensed or controlled by W.T. Kirkman may be
copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way,
except that you may download one copy of the materials on any single computer for your
personal, non-commercial home use only, provided you keep intact all copyright and other
proprietary notices. Modification of the materials or use of the materials for any other
purpose is a violation of W.T. Kirkman's copyright and other proprietary rights.
In the event you download software from the site, the software,
including any files, images incorporated in or generated by the software, and data
accompanying the software (collectively, the "Software") are licensed to you by
W.T. Kirkman. We do not transfer title to the Software to you. You own the
medium on which the Software is recorded, but W.T. Kirkman retains full and complete title
to the Software, and all intellectual property rights therein. You may not redistribute,
sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a
human-perceivable form. Under no circumstances
do we allow materials (Text or Photos,) from our
E-Store website to be posted elsewhere without written permission.
We do allow text from our FAQ webpage to be used in an auction or sales
description, but require the following credit line be included:
SUBMISSIONS
We are pleased to hear from our loyal fans and welcome your comments regarding our product
line and services. While we do value your feedback on our services and products, we
request that you be specific in your comments on those services and products. Please
keep in mind that any creative materials, creative suggestions, ideas, notes, drawings,
concepts or other information (collectively, the "Information"), you send us,
shall be deemed, and shall remain, the property of W.T. Kirkman. None of the
Information shall be subject to any obligation of confidence on the part of W.T. Kirkman
and W.T. Kirkman shall not be liable for any use or disclosure of any Information. Without
limitation of the foregoing, W.T. Kirkman exclusively owns all now known or hereafter
existing rights to the Information of every kind and nature throughout the universe and
shall be entitled to unrestricted use of the Information for any purpose whatsoever,
commercial or otherwise, without compensation to the provider of the Information.
JURISDICTIONAL ISSUES
This site is controlled and operated by W.T. Kirkman from its offices within the
State of California, United States of America. W.T. Kirkman makes no representation that
materials in the site are appropriate or available for use in other locations. Those who
choose to access this site from other locations do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local laws are
applicable. Software from this site is further subject to United States export controls.
No software from this site may be downloaded or otherwise exported or reexported (i) into
(or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other
country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Commerce Department's
Table of Deny Orders. By downloading or using the Software, you represent and warrant that
you are not located in, under the control of, or a national or resident of any such
country or on any such list.
TERMINATION
This agreement is effective until terminated by either party. You may terminate
this agreement at any time by destroying all materials obtained from any and all W.T.
Kirkman sites and all related documentation and all copies and installations thereof,
whether made under the terms of this agreement or otherwise. This agreement will terminate
immediately without notice from W.T. Kirkman if in our sole discretion you fail to comply
with any term or provision of this agreement. Upon termination, you must destroy all
materials obtained from this site and any and all other W.T. Kirkman site(s) and all
copies thereof, whether made under the terms of this agreement or otherwise.
DISCLAIMER
THE WRITTEN MATERIALS AND IMAGES IN THIS SITE ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, W.T. KIRKMAN DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. W.T. KIRKMAN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. W.T. KIRKMAN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR
THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT W.T. KIRKMAN) ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall W.T. Kirkman be
liable for any special or consequential damages that result from the use of, or the
inability to use, the materials in this site, even if W.T. Kirkman or an authorized
representative has been advised of the possibility of such damages. Applicable law may not
allow the limitation or exclusion of liability or incidental or consequential damages, so
the above limitation or exclusion may not apply to you. In no event shall W.T. Kirkman's
total liability to you for all damages, losses, and causes of action (whether in contract,
tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by
you, if any, for accessing this site.
OTHER
This agreement shall be governed by and construed in accordance with the laws of the State
of California, without giving effect to any principles of conflicts of law. If any
provision of this agreement shall be unlawful, void, or for any reason unenforceable, then
that provision shall be deemed severable from this agreement and shall not affect the
validity and enforceability of any remaining provisions. This is the entire agreement
between the parties relating to the subject matter herein and shall not be modified except
in writing, signed by both parties.
