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Legal Agreement

Last updated: August 26, 2007

Here’s all the legal agreement you need to know about between you and Patokelley.com.

Acceptance of Legal Agreement Through Use

By using the Patokelley.com Web site you signify your agreement to all of these legally binding terms, conditions and notices (the “Legal Agreement”). If you do not agree to the Legal Agreement please do not use Patokelley.com or any portion of it, as your use of Patokelley.com constitutes your acceptance of the Legal Agreement. We reserve the right, at our discretion, to revise the Legal Agreement at any time. Any such revisions will be effective immediately upon being posted on Patokelley.com. Please periodically check the Legal Agreement for changes and revisions, because your continued use of Patokelley.com following the posting of any changes to the Legal Agreement constitutes your acceptance of those changes. If we change the Legal Agreement, we may change the date the Legal Agreement was last updated at the top of the Legal Agreement, but you will be bound by the revised Legal Agreement whether or not we update the date the Legal Agreement was last updated if you continue to use Patokelley.com. Please note that our Privacy Policy is a part of, and hereby incorporated into, the Legal Agreement, so please make sure that you read our Privacy Policy too. By agreeing to the Legal Agreement, you are also agreeing to our Privacy Policy.

Proprietary Rights

We, our content partners, and our users who lawfully post text, messages, information, software, images, audio and video (“Content”) on Patokelley.com own the rights to that Content. The Content is protected by international treaties, and by copyright, trademark and patent laws and other proprietary rights. For example, The look and feel of the color combinations, button shapes, and other graphical elements on Patokelley.com are also owned by Patrick David O’Kelley, Jr. - Patokelley.com. Additionally, we have exclusive rights in the Pat O’Kelley Creations and Patokelley.com name and logo as well as certain other logos on the Web site.

Limited License to Use Patokelley.com

You may use Patokelley.com and some the Content offered on Patokelley.com only for personal, non-published commercial purposes. YOU CANNOT PUBLISH ANY CONTENT. You may use Content offered for downloading, such as photos and music, for personal use only and subject to the rules that accompany that particular Content. You may not use any Content in a manner that exceeds the rights granted for your use of the Content. You may print or download one copy of the Patokelley.com Content on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. You may not use any data mining software, robots, or similar data gathering and extraction tools on the Content, frame any portion of Patokelley.com or the Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.


Content Posted by Content or Advertising Partners

Some of the Content posted on Patokelley.com is posted by third party content or advertising partners (”Third Party Content”) with whom we have relationships (”Content Providers”). You hereby acknowledge that (i) Patokelley.com is not responsible for any aspect of such Third Party Content, (ii) the Content Provider posting such Third Party Content is solely and exclusively responsible for the content of such Third Party Content, (iii) Patokelley.com does not endorse or sponsor any such Third Party Content (or products or services mentioned or advertised therein), (iv) Patokelley.com makes no express or implied warranties whatsoever with respect to the accuracy, relevancy, legality or decency of material contained in such Third Party Content, and (v) Patokelley.com cannot and does not guarantee that Third Party Content complies with the Legal Agreement or our Privacy Policy.


Monitoring of Content

Patokelley.com, itself or through its agents and contractors, has the right but not the obligation, at its sole discretion, to remove any Content or comment that, in its sole judgment, does not comply with the Legal Agreement, or is otherwise harmful, objectionable, inaccurate or inappropriate. Patokelley.com is not responsible for any failure or delay in removing such Content. Patokelley.com is not responsible for any Content posted on Patokelley.com by users that violates the Legal Agreement or our Privacy Policy.


License to User Submitted Content

We do not claim ownership of any Content that you may post. However, by submitting or posting any Content, including, but not limited to, comments on Patokelley.com, you grant Patokelley.com and its owners, principals, affiliates, subsidiaries and licensees the right to use, reproduce, edit, create derivative works based on, publish, publicly perform, display, perform, adapt, modify, distribute, have distributed, and promote such Content in any medium and for any purpose anywhere for as long as Patokelley.com wants; and you warrant and represent that you own or otherwise control all of the rights to such Content, and that public posting and use of your Content by Patokelley.com and its owners, principals, affiliates, subsidiaries and licensees will not infringe or violate the rights of any third party.


Links to Third Party Sites

Patokelley.com may link you to other Web sites on the Internet. While we strive to offer links to Web sites we think you’ll enjoy and find useful, it is possible that any linked Web site may contain information or material that some people may find uninteresting, irrelevant, inappropriate or offensive. These other linked sites are not necessarily under the control of Patokelley.com, and you acknowledge that Patokelley.com is not responsible for the accuracy, legality, decency, or any other aspect of the content of any third party linked Web sites. The inclusion of a link to any such third party site does not necessarily imply endorsement of, or association with, such other Web site by Patokelley.com or by Pat O’Kelley himself.

The Legal Agreement applies only to Patokelley.com and not to any linked site. Before using and/or providing any personal information to any linked Web site, please check that Web site’s legal agreement and privacy policy, which are completely separate from, and unrelated to, Patokelley.com’s Legal Agreement and Privacy Policy.

Unsolicited Ideas and Proposals

It is our policy not to consider unsolicited ideas from anyone other than current employees. It’s not that great ideas cannot come from our valued customers. Each year, however, we receive numerous unsolicited ideas and proposals for products, services, Web site opportunities and entertainment programs. Due to the mass volume of these unsolicited ideas and the business challenge of determining what is truly a “new” idea versus a concept that is already in development, being tested, or previously considered, we must adhere to a policy not to accept or review any unsolicited ideas. As a result, we must decline any invitation to review your idea, and hope you can understand and appreciate our business reasons for making this company decision. We do, however, greatly appreciate your interest.

Accordingly, please do not send us any unsolicited materials such as ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, program formats, characterizations and/or other similar materials (”Unsolicited Submissions”). If, despite our request, you intentionally or unintentionally send us any Unsolicited Submissions, or if you submit or post content or materials on this Web site (”User Generated Content” and, any such User Generated Content together with Unsolicited Submissions shall be referred to herein as “Submissions”), we shall be entitled to, and you thereby license to us, unrestricted use of such Submissions for any purpose whatsoever, commercial or otherwise, without the requirement of any permission from or payment to you or to any other person or entity. No Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission.

Further, in consideration of Patokelley.com’s continuing efforts to enhance and improve its Web site and other offerings, by submitting a Submission you agree to, and thereby do, sell, transfer and assign all right, title and interest in and to such Submission to us without the requirement of any permission from, or payment to, you or to any other person or entity. You hereby appoint us as your agent and attorney-in-fact with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm and perfect our rights in any Submission.

You agree that any Submissions are not being provided in confidence or trust, and that no confidential or fiduciary relationship is intended or created between you and us in any way. To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights in any Submission.

DISCLAIMER OF WARRANTIES

ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH PATOKELLEY.COM IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT, MATERIALS AND PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. PATOKELLEY.COM, ITS OWNERS, PRINCIPALS, AFFILIATES, SUBSIDIARIES AND ITS LICENSORS DISCLAIM ANY WARRANTIES THAT: (i) THE CONTENT, MATERIALS AND PRODUCTS ARE ACCURATE, RELIABLE OR CORRECT; (ii) PATOKELLEY.COM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (iii) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (iv) PATOKELLEY.COM, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF PATOKELLEY.COM IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OR ALL OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL PATOKELLEY.COM, ITS OWNERS, PRINCIPALS, AFFILIATES, SUBSIDIARIES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, PATOKELLEY.COM. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PATOKELLEY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, PATOKELLEY.COM’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

Upon a request by Patokelley.com, you agree to defend, indemnify, and hold harmless Patokelley.com and its owners, principals, affiliates, subsidiaries licensors and licensees and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from (i) your use or misuse of Patokelley.com; (ii) your violation of the Legal Agreement or our Privacy Policy; (iii) your violation of any law or third party right, including without limitation any third party’s copyright, trademark, privacy/publicity or other proprietary rights; (iv) claims arising from your accounts; or (v) any claim that any Content posted by you caused damage to a third party. Patokelley.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Patokelley.com in asserting any available defenses. This defense and indemnification obligation will survive the termination or expiration of the Legal Agreement and your use of Patokelley.com.

International Use

Patokelley.com makes no representation that Content of, or products available through, Patokelley.com are appropriate or available for use in locations outside the United States. Accessing Patokelley.com from territories where the site contents are illegal is strictly prohibited. Those who choose to access Patokelley.com from locations outside the United States do so at their own risk and at their own discretion, and are responsible for compliance with all local laws.

Our Copyright Policy

We abide by the federal Digital Millennium Copyright Act (“DMCA”) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyright rights, you may submit a notification pursuant to the DMCA by following the procedures described below. As part of our response, we may remove or disable access to Content residing on Patokelley.com that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected Content so that they may make a counter notification, also in accordance with the DMCA.

Before serving either a notice of infringing material or a counter-notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with our rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice.


Notice of Infringing Material

To file a notice of infringing material on Patokelley.com, please provide a notification containing the following details:

* Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (e.g., title, author, URL);

* Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (e.g., a link to the page that contains the material);

* Your contact information so that we can contact you (e.g., your address, telephone number, e-mail address);

* A statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;

* A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and

* Your physical or electronic signature.

You must send this notice by mail to:

By Mail:

Pat O’Kelley

229 Parkcrest XING

Dallas, GA 30132

By Phone: (678) 488-6696

Counter Notification

If material that you have posted to Patokelley.com has been taken down, you may file a counter-notification that contains the following details:

* Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

* A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;

* Your contact information so that we can contact you (e.g., your address, telephone number, e-mail address);

* A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located, or, if your address is outside of the USA, for any judicial district in which we may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above; and

* Your physical or electronic signature.

You must send this notice by mail to:

By Mail:

Pat O’Kelley

229 Parkcrest XING

Dallas, GA 30132

By Phone: (678) 488-6696

Choice of Law & Forum; Statute of Limitations

You agree that the Legal Agreement shall be governed by the internal substantive laws of the State of Georgia, without reference to its conflict of laws principles. Any claim or dispute between you and Patokelley.com that arises in whole or in part from your use of Patokelley.com shall be decided exclusively by a court of competent jurisdiction located in Paulding County, Georgia.

YOU AND PATOKELLEY.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO PATOKELLEY.COM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Waiver

No waiver of any of the Legal Agreement shall be deemed a further or continuing waiver of such term or any other term, and Patokelley.com’s failure to assert any right or provision under the Legal Agreement shall not constitute a waiver of such right or provision.

Severability & Integration

Unless otherwise specified herein, the Legal Agreement and Privacy Policy constitute the entire agreement between you and Patokelley.com with respect to your use of Patokelley.com and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Patokelley.com with respect to Patokelley.com. If any part of the Legal Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Termination

Your right to use Patokelley.com automatically terminates if you violate the Legal Agreement or the Privacy Policy. We also reserve the right, in our sole discretion, to terminate your access to all or part of Patokelley.com, for any reason or no reason at all, with or without notice. Upon termination, you must cease use of Patokelley.com and destroy all materials obtained from Patokelley.com, whether made under these terms of use or otherwise.

Ability to Enter Into This Agreement

You affirm that you are either 18 or older, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Legal Agreement, and to abide by and comply with the Legal Agreement. In any case, you affirm that you are at least 13 years old, as Patokelley.com is not intended for children under 13. If you are under 13 years of age, please do not use Patokelley.com.

Assignment

The Legal Agreement, and any rights and/or licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Patokelley.com without restriction.

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