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Terms of Use for JackMyers.com


for JackMyers.com

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DISCLAIMER OF WARRANTIES

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS 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. JACKMYERS, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

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

Indemnification

Upon a request by JackMyers, you agree to defend, indemnify, and hold harmless JackMyers and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of this site. JackMyers reserves the right, at it 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 JackMyers in asserting any available defenses.

International Usage

JackMyers makes no representation that materials on this site are appropriate or available for use in locations outside the , and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

Choice of Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York , excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the state of New York, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Severability and Integration

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and JackMyers with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and JackMyers with respect to this site. If any part of these Terms of Use 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

JackMyers reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice. If your access is terminated, no refunds will be granted.

By posting or submitting content to this site, you: grant Jack Myers and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by JackMyers will not infringe or violate the rights of any third party.

Claims of Infringement

If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify JackMyers by writing to maryann@jackmyers.com or writing to JackMyers.com, Attention: Legal Department, PO Box 27740, Las Vegas,NV  89126.  

Acceptance

By using JackMyers.com (hereinafter, JackMyers), you signify your acceptance of all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree to these Terms of Use please do not use this site. We reserve the right, at our discretion, to update or revise these Terms of Use. Any revisions to these terms will be posted here and your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

The purpose of these guidelines is to provide basic information and a code of conduct for your use of the sound offs, blogs, discussion groups, classifieds and other areas on the sites operated by JackMyers.

Use

You may use JackMyers products for lawful purposes only and you may not transmit messages that are threatening, abusive, defamatory, vulgar, obscene or otherwise objectionable. You may not transmit messages that encourage conduct that constitutes a criminal offense or infringe upon the publicity or privacy rights or any other rights of any person or party. If you engage in any conduct that might, in JackMyers' opinion, inhibit or restrict any other user's enjoyment of JackMyers' products or violate the above restrictions, JackMyers may remove your posting and/or cancel your access to these areas. JackMyers, in its sole discretion, shall have the right to determine whether messages are in violation of these guidelines.

By posting messages on sound offs, blogs, discussion groups, and other areas, you are granting JackMyers a royalty free, perpetual, non-exclusive and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any posting by you (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You may not post or transmit any material of any nature, including, text, audio, software, animation or photographs, belonging to any person or party other than yourself, without the prior, written consent of such owner. Simply because material is available on the Internet does not mean it is in the public domain. You will be responsible for any damages resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from your posting or transmission.

JackMyers reserves the right to terminate any member's access if it is found that they have violated any part of a JackMyers policy. Ownership rights contained herein further extend to any postings, etc. from your members.

Fees

Signing up for a JackMyers account is free.

Monitoring

JackMyers will have the right but not the obligation, to monitor the content of the sound offs, blogs, discussion groups, and other areas. JackMyers may retain the services of independent contractors to perform these functions. JackMyers maintains the right, in its sole discretion, to edit, refuse to post or remove any material submitted to or posted on the site that JackMyers believes is in violation of these guidelines or is stale. JackMyers will archive content according to its then current internal standards.

User Name

You may select a name to use in connection with your postings on the site. However, you may not use a user name (or e-mail address) (i) with the intent of impersonating another person; (ii) belonging to another person without his or her consent; (iii) in violation of the intellectual property rights of any person; or (iv) that JackMyers deems to be offensive.

Third Party Sites

This site may link you to other sites on the Internet through our partner offerings or member postings. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of JackMyers, and you acknowledge that JackMyers is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by JackMyers or any association with its operators. Products and services may be offered by third parties through advertisements that appear on JackMyers. JackMyers does not guarantee or endorse any products or services offered or sold and will not be responsible for any transactions between you and the seller.

Collected Information

JackMyers collects no personally identifiable data about you, except that specifically and knowingly provided by you. Personally identifying information provided by you will be used only in connection with the JackMyers site or for such other purposes as are described at the point of collection. Such information will not be transferred to any other parties unless otherwise stated at the time of collection.

Personal Use

This Agreement sets forth the terms and conditions that apply to the use by you of the JackMyers site. The right to use any product or service offered by JackMyers is personal to you and is not transferable to any other person or entity. Either you or JackMyers may terminate your use at any time.

Changes and Equipment

JackMyers shall have the right at any time to change or discontinue any aspect or feature of the JackMyers site including, but not limited to, the site areas, content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to, postings on the site, revised version of this Agreement or notification by electronic mail. Any use by you of the site after such notice shall conclusively be deemed to be acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions. You are responsible for all equipment, including but not limited to, telephone lines, computer hardware and software, necessary for the proper functioning of the JackMyers product.

Proprietary Rights

You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by JackMyers, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from JackMyers is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of JackMyers. Permission is granted only when certain limited criteria are met. For information on requesting such permission, please email maryann@jackmyers.com.

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