Last Updated and Effective Date June 13, 2012
PLEASE DO NOT USE OUR SERVICES IF YOU DO NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS – YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT ONCE YOU ARE ON OUR SERVICES THIS TOU APPLIES.
Our lawyers work very hard to carefully write legal provisions for our Services, but in the event there is a conflict between this TOU and any Additional Terms, the Additional Terms will govern. And if there is a conflict between this TOU and any specific Rules for activities on our Services in which you choose to participate, this TOU will govern.
We also reserve the right to change the content and functions of our Services and to change the terms and conditions from time to time, so we recommend visiting our Services frequently to see our new and exciting changes and to visit this TOU to make sure that the terms and conditions have not changed since your last visit. We will also post the date(s) when the TOU was last updated and effective. When we make material changes to this TOU, we will provide you with notice as required by applicable law. Your continued use of our Services means that you accept any changes in our TOU except where further steps are required by applicable law.
HERE ARE THE SPECIFIC TERMS AND CONDITIONS WHICH WE EXPECT YOU TO FOLLOW:
2. Accounts. To use some features, activities and services, you may need to create an account. To do so, you must provide correct and complete information. This means you cannot use a false or misleading name or a name that you are not authorized to use. Impersonating another person on our Services is prohibited. You become entirely responsible for the activity that occurs on your account (including any and all charges incurred while your account is being used and liability for harm caused by statements made or materials posted under your account), so be sure to keep your account password secure and tell us immediately if you think there has been unauthorized use of your account.
not responsible for any of your Personal Information that you post publicly using our various Services such as discussion forums, blogs, chat rooms, message boards, tweets, content submission platforms and on our Facebook fan pages or other social network platforms.
4. Copyright. Everything on or used in connection with our Services, including but not limited to text, images, graphics, photographs, logos, audio and video content, software including the selection, composition and arrangement of such content (collectively, "Content") – with the exception of User Generated Content unless such content contains our Content (as defined below) – is owned by us, licensors, vendors or suppliers that provide or perform services on our behalf, to help serve you better and to perform functions in order to support our businesses and operations (collectively “Operational Service Providers”), or advertisers, sponsors or promotional partners (collectively, “Advertisers”). This means that you cannot use the Content without permission.
Here’s what permission you do have to use the Content. You may only use the Content online for purposes of visiting and using our Services, and only for your own personal, non-commercial use. This means that you may not download any of our Content, give copies to your friends, display the Content publicly, or charge anything for it (these are only meant to be examples and are not an exhaustive list of things you can’t do with our Content). Also, you may not use (or encourage
someone else to use) the Content to construct any kind of database, create or provide content for your own website or mobile device, or post our Content on any Facebook page, Twitter account or any other social network platform or third party website unless we provide our permission through “Like” and “Share” buttons or via similar sharing mechanisms, or by written consent. JCI Affiliates, our licensors, Operational Service Providers, and Advertisers retain exclusive rights in any Content that are not expressly provided to you in this TOU. Content from the Associated Press on our Services have specific protections: The following provision applies to all Users of our Services (which shall include persons and representatives of legal entities, whether such representatives are persons or digital engines of a kind that crawls, indexes, scrapes, copies, stores or transmits digital content). By accessing our Services, you specifically acknowledge and agree that: (i) Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirect in any medium; (ii) no Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use; (iii) The Associated Press will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing; (iv) The Associated Press is an intended third party beneficiary of these terms and conditions and it may exercise all rights and remedies available to it; and (v) The Associated Press reserves the right to audit your use of AP materials or any portion thereof at any time.
5. Discussion Forum Rules. If the Site you are visiting has a discussion forum, bulletin board, chat room, blog, message board, or other online community or public location (collectively “Discussion Forum”), the following rules apply:
- You may have an option to comment on select features or content using your Facebook account login. Further information will be provided on the applicable page or feature when your Facebook account can be used. Some Services will continue to use the current login, profile and account process.
- Your Profile information. When you create an account to use our Discussion Forums, you do not have to disclose any of the “suggested” information like your gender, birth date and real name. Even if you use your Facebook account to comment, you may still access your current profile.
- On some Services, you will be able to build a public profile which allows other members to see information that you submit to us. You can privatize some of the information on your public profile, such as your e-mail address. To protect your safety, please use your best judgment. We discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you.
- Under the Children’s Online Privacy Protection Act, we do not knowingly collect or solicit Personal Information from children under the age of 13. Although you do not have to disclose your birth date, if any information is disclosed in your profile or submissions that can identify you as a child under the age of 13, we reserve the right to delete, edit, or reject such information, your entire profile or your submission, and take action to prevent future participation on our Discussion Forums.
- Play Nice. Be courteous. In a community full of opinions and preferences, people always disagree. We encourage active discussions and welcome debate in our Discussion Forums. However, we do not tolerate personal attacks, threats, verbal abuse, defamatory, obscene, hateful or slanderous language, or deliberate disruption of discussions with repetitive messages, meaningless messages, or "spam." You also are prohibited from using the Services to engage in any illegal conduct. Please contact our site/privacy administrator at firstname.lastname@example.org if you have concerns about the conduct of other users on our Services. We reserve the right in our sole discretion to temporarily suspend or permanently block access by anyone to all or part of our Services at any time.
- No Thread Hijacking. Thread hijacking – we don’t like it. Thread hijacking – or taking a Discussion Forum thread unreasonably off topic by discussing something entirely unrelated to the discussion at hand, or submitting an unreasonable number of off-topic posts to a thread that does not contribute to the value of a discussion - is disrespectful to other Discussion Forum members and discourages members from participating in discussions. So please don’t hijack threads.
- We encourage you to tell us if you believe a member is hijacking a thread. We will attempt to remind Users perceived as engaging in thread hijacking to start a new thread for their discussion or, in our sole discretion, may temporarily suspend or permanently block access by such User to one or more of our Discussion Forums.
- Login Technology. Our Discussion Forum system may offer alternative login methods: cookies and session identification via our Services or login via your Facebook account. For the traditional login process, we will save your username, encrypted password, and board passwords to your computer in the form of a "cookie," which is a small text file that is saved to your browser. If you use the Facebook login process, you must login to your Facebook account and we will only have access to what you have authorized Facebook to provide to us.
- Session identification stores your current session (visit) on our server using your IP address, username, encrypted password, and any board passwords you may use during your session. If you use session identification, you will be logged out after three (3) hours of inactivity. Login via Facebook has no such limitation as you are not logged into our server.
6. Security of our Services, Systems and Networks. You are responsible for ensuring that your computer and mobile equipment (including without limitation smart phones, tablets, blackberries, other PDAs or technology not yet developed) and/or software does not disturb or interfere with our operations or Services. Any equipment or software causing interference will be immediately disconnected from the Services and we will have the right to immediately terminate your access to our Services and this Agreement. If any upgrade in or to our Services requires changes in your equipment or software (including the operating system for your device), you must make these changes at your own expense. You understand, acknowledge and agree that we are not responsible for any damages, disturbances, interferences, or failures to your equipment or software under any circumstance.
You are prohibited from violating or attempting to violate the security of our Services, systems and networks including, without limitation: (a) accessing data not intended for you or logging into a server, mobile network, or account that you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with the service to any User, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding," "spamming," "mailbombing," or "crashing" the Service; (d) sending unsolicited e-mail, texts, tweets, instant messages, or any other communications to a computer or a wireless device, including promotions and/or advertising; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail, mobile message, or posting.
Violations of any system, network, or security measures related to our Services may result in civil and/or criminal liability. We will investigate occurrences that may involve such violations and will involve and cooperate with governmental agencies and law enforcement authorities in prosecuting Users who are involved in such violations.
7. User Generated Content Representations and Warranties. Our Services may allow you to upload or share content on the Services so that other Users can enjoy it. It’s great that you can upload or share content on some of our Services; however, there are definitely some things we do not permit you to upload or share on our Services. Do not upload or share anything on the Services such as messages, posts, text, film, video, audio, photographs, other recordings or images, or any other content (collectively, “User Generated Content” or “UGC”) that you do not have a right to use and share on the Internet. By uploading or sharing any UGC on our Services, you represent and warrant that: (a) you are the original author or creator of the UGC and/or have full copyright, title and interest or have a license in and to any UGC; (b) you have the full power and authority to upload and/or share the UGC on the Services; (c) the use of any element of the UGC will not violate or infringe upon the trademarks, trade names, copyrights, patents, privacy or publicity rights or any other personal or proprietary rights of any person or entity, and will not defame or libel any person or entity; (d) you will not publish falsehoods or misrepresentations that could damage JCI or any third party; (e) you will not submit material that is, obscene, threatening, pornographic, harassing, hateful, harmful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise deemed inappropriate at our sole discretion; (f) you will not post or disseminate advertisements or solicitations of business, or otherwise engage in commercial activity on our Services; (g) you will not impersonate or misrepresent another person; (h) you will not solicit any User for material gain; and (i) you will not produce spam or spin throughout the Services publicizing a product, service, event, entity or individual person.
8. UGC License. Please note that if you post, upload or otherwise make available any UGC on our Services, you will still own the UGC (assuming you have rights to own it or the UGC does not contain our own Content, in which we reserve all ownership rights in our Content) but you are giving us the right to use your UGC. That means that if you send in, post, upload, make available, or disclose to us in any way any UGC, you grant us and related entities, the right use it any way we want in any medium without getting your permission or having to pay you for it.
In legal terms, by providing us with any UGC, you grant us and our related entities, and each of their successors and assigns, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such UGC, in any form, format, or medium, of any kind now known or later developed. Without limiting the generality of the previous sentence, you authorize us to share the UGC across all Services and online media platforms, newspapers, television and radio broadcast stations, and any other media now or hereafter known affiliated with us and to use your name, likeness and any other information in connection with our use of the material you provide. You waive any moral rights you might have with respect to any UGC you provide to us. You also grant us the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you provide or otherwise submit to us for any purpose whatsoever, including but not limited to, commercial purposes, and developing, manufacturing and marketing commercial products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
8. Screening and Removal of UGC. You acknowledge that we and/or our designees may or may not pre-screen UGC, and have the right (but not the obligation), in our sole discretion, to move, remove, block access to, modify, refuse or decline to restore any UGC for any reason, including without limitation that such UGC violates this TOU or is otherwise objectionable.
9. Risks from UGC. We try to create an environment in which Users are posting and discussing content that you will find useful, interesting and appropriate; however we cannot and do not monitor or manage all UGC. Thus, we do not promise the accuracy, integrity, or quality of the UGC and do not endorse it in any manner. In other words, enjoy what other members post or share, but do it at your own risk. All UGC provided on the Services is the sole responsibility of the person who provided it.
Additionally, any software that we make available for you to use, view, download or upload any content, including UGC, is owned or controlled by or licensed to JCI Affiliates or third parties, such as our Operational Service Providers. Your use of the software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software.
You understand, acknowledge and agree that we have no responsibility for UGC or any software that is owned or controlled by a third party.
10. Third Party Websites. Our Services allow you to link to third party websites. Those third party websites do not belong to us, and we have no control over, and assume no responsibility for, the content, accuracy, usefulness, safety, privacy policies, or business practices of any third party websites. By using our Services, you expressly relieve us of any and all liability arising from your use of any third party websites linked to our Services. Enjoy the links, but at your own risk.
11. Warranty Disclaimer. WE REALLY HOPE YOU ENJOY OUR SERVICES AND WE ALSO HOPE THE SERVICES WILL FUNCTION PROPERLY. HOWEVER, YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK AND YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OR ACCESSING OUR SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, JCI AFFILIATES, AND THE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, ADVERTISERS, OPERATIONAL SERVICE PROVIDERS, REPRESENTATIVES, OR SUCCESSORS AND ASSIGNS OF EACH, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES, AND ASSUMES TO THE MAXIMUM EXTENT PERMITTED BY LAW NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICES; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES; (C) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION THAT IS NOT SUBMITTED USING A SECURED TRANSMISSION; (D) INTERRUPTION OR THE CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES; (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; AND/OR (F) ERRORS OR OMISSIONS ON OUR SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURE IN ANY BANNER OR OTHER ADVERTISING, NOR DO WE WARRANT, ENDORSE, OR GUARANTEE THAT OUR SERVICES, OR ANY ASPECT OF OUR SERVICES INCLUDING SOFTWARE OR APPLICATIONS, ARE COMPATIBLE WITH YOUR COMPUTER OR MOBILE DEVICE. ADDITIONALLY, WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
12. LIMITATION OF LIABILITY. HERE’S MORE LEGAL LANGUAGE WHICH WE NEED TO PROTECT US SO THAT WE CAN PROVIDE YOU THE BENEFITS OF THE SERVICES. IN NO EVENT SHALL JCI AFFILIATES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, ADVERTISERS, OPERATIONAL SERVICE PROVIDERS, OR THE SUCCESSORS AND ASSIGNS OF EACH, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (A) MISTAKES, OR INACCURACIES OF CONTENT ON THE SERVICES, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL NON-SECURED PERSONAL INFORMATION (D) ANY INTERRUPTION OR THE CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, DOWNLOADED, UPLOADED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
13. Indemnity. You agree to defend, indemnify and hold harmless JCI Affiliates, and the officers, directors, shareholders, agents, representatives, employees, Advertisers, Operational Service Providers, and successors and assigns of each, and any other parties with whom we may contract to provide our services, from and against any and all claims, actions, suits, costs, liabilities, judgments, obligations, losses, penalties, fines or forfeitures, expenses or damages (including without limitation, reasonable legal fees and expenses) of whatsoever kind and nature imposed on, incurred by or asserted against us arising out of any breach or alleged breach by you of any representation, warranty, covenant or obligation pursuant to these terms and conditions or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
14. Your Copyrighted Work and DMCA Notice of Infringement. Just as we require Users to respect our copyrights, and those of JCI Affiliates and partners, we respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced or posted on our Services without authorization in a way that constitutes copyright infringement, please see our DMCA Copyright Policy for instructions on how to notify our Designated Agent under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (c)(3)) or to submit a counter-notification.
15. Independent Contractors. You and JCI are independent contractors and nothing herein shall be deemed to constitute a partnership between, or joint venture of, you and JCI or constitute either party the agent of the other. You shall not hold yourself out contrary to the terms of this paragraph, and we shall not become liable for any representation, act or omission by you contrary to the provisions of this TOU.
16. Termination. We have the right to terminate your access to use the Services for any reason, including for violation of this TOU. If we terminate your access to any the Services, or you terminate your Account or cease using the Services, sections 1, 3-4, 6-20 of this TOU shall still survive and be binding upon you.
17. Statute of Limitations. You understand, acknowledge and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Services or this TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
18. Governing Law and Jurisdiction. These terms and conditions and all questions relating to the performance, interpretation, breach or enforcement of this TOU, or the rights, obligations and liabilities of the parties hereto, shall be governed by the laws of the State of Wisconsin, without regard to any conflict of laws provisions. You agree that any and all disputes, claims or controversies arising from or related in any way to this TOU and our relationship with you hereunder shall be litigated only in a court of competent jurisdiction located in Milwaukee County, State of Wisconsin, and you agree to be subject to personal jurisdiction and venue in that location.
19. CLASS ACTION LAWSUIT WAIVER. YOU AND JCI AFFILIATES ACKNOWLEDGE, UNDERSTAND AND AGREE THAT FOR DISPUTES, CLAIMS OR CONTROVERSIES ARISING FROM OR RELATED IN ANY WAY TO THIS TOU AND OUR RELATIONSHIP WITH YOU, EACH MAY BRING LEGAL ACTION AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, NOR UNDER ANY PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF.
20. Integration and Severability. This TOU constitutes the entire agreement by and between you and JCI Affiliates, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic). If any portion of this TOU is found to be invalid, illegal, void or unenforceable with the law of any jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intent of the parties, and the remaining portions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.
WE KNOW THERE WAS A LOT OF LEGAL LANGUAGE TO GET THROUGH ABOVE, BUT THANKS FOR READING AND NOW GO
ENJOY OUR SERVICES!
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