Welcome to yourjstory.com, the website of JStory, LLC. (the “Site”).
This Agreement is effective as of September August 4, 2016. We reserve the right to modify the Agreement at any time, in which case the revised Agreement will appear on the Site. Continued use of the Site after we post any such changes will constitute your acceptance of the Agreement, as modified.
INTELLECTUAL PROPERTY RIGHTS
JStory is the exclusive owner of all the trademarks, names, logos, and trade dress used in this Site, including, but not limited to our name and logo (the Trademarks). Your use of this Site does not grant you any rights in or interests to our Trademarks. The Trademarks shall not be used, modified, or otherwise reproduced without the express written permission of JStory so that people can know when we are speaking ourselves. Any other third party marks or names used in this Site are owned by their respective owners and JStory makes no representations of any kind with respect to such third party marks and names.
All copyright rights in this Site’s content, including, but not limited to, graphics, videos, information, reports, and text (collectively, “the Content”), is exclusively owned by or otherwise used by JStory under permission, and may only be used by you as set forth herein. Any other non-authorized use of the Site or Content, including, but not limited to the reproduction, dissemination, distribution, or transmission thereof is strictly prohibited. You further agree not to alter or delete any proprietary notice from any materials, reports, or other information downloaded, copied, or printed from the Site. All rights are expressly reserved.
RESTRICTIONS ON LINKING AND FRAMING
You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship of your site by JStory
You may not frame or inline link to any of the content of the Site, or incorporate into another Website or other service any of our material or intellectual property without the written permission of JStory.
MESSAGE BOARDS AND OTHER INTERACTIVE FEATURES
This Site may include interactive features, including, but not limited to, message boards, web logs, e-mail services, and areas that allow uploading of user-generated content (the Interactive Features). You are responsible for any material that you post on message boards or provide through any other Interactive Features on the Site. We do not control the messages, information, or files that you or others may provide through the Site.
By posting or submitting any material (including, without limitation, text, photos, and videos) to the Site, you represent and warrant: (i) that you are the owner of the material, or that the owner of the material has consented to your use; and (ii) that you are eighteen years old or older. You will be solely responsible for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting, or submission. When you submit or post material, you grant JStory the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display it (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology. This grant shall include the right to exploit any proprietary rights in any such material. You also grant JStory, and anyone authorized by JStory, the right to identify you as the author of any of your postings or submissions by name, e-mail address, or Member name, as we deem appropriate.
THE JSTORY COMMUNITY STANDARDS
This Site, including its Interactive Features, shall be used for lawful purposes only; you shall not:
- Use the Site in an unlawful, threatening, or abusive manner, including without limitation, to promote racism, bigotry, hatred, or physical harm of any kind against any group or individual.
- Engage in any conduct that, in our sole judgment, restricts or inhibits any other user from using or enjoying the Site.
- Use the Site to post or transmit any vulgar, obscene, or otherwise objectionable information of any kind, including without limitation, any transmissions that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
- Post or transmit any material that violates our rights or the rights of others, including, without limitation, privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other right.
- Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies, or regulations of the networks we use to provide the Site.
- Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining, or other illicit means.
- Obtain or attempt to obtain any materials or information not intentionally made available through this Site.
- Use the Site to post or transmit any information, software, or other material that contains a virus or other harmful component.
- Use the Site to post, transmit, or in any way exploit any information, software, or other material for commercial purposes, or that contains advertising.
- Engage in advertising or commercial solicitation of any product or service, or to solicit donations of any kind on the Site, without our written consent. or
- Gather for marketing purposes any e-mail addresses or other personal information that has been posted by other users of the Site.
We shall have the right, but no obligation, to monitor the content of the Site or other Interactive Features to determine compliance with the Agreement and any other operating rules we establish. We shall have the right in our sole discretion to edit, refuse to post, or remove any material submitted to or posted on the message boards or other Interactive Features of the Site. Notwithstanding this right, users shall remain solely responsible for the content of their messages. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement on the message boards or other Interactive Features of the Site, whether it is provided by JStory directors, officers, employees or agents, or a third party. Under no circumstances will we be liable for any loss or damage of any kind caused by reliance on information obtained through postings on the message boards or other Interactive Features of the Site. We are not responsible for any offensive, defamatory, or obscene posting made on the message boards or other Interactive Features of the Site. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation, or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are inappropriate, objectionable or in violation of the Agreement. We also reserve the right to deny access to the Site to anyone who violates the Agreement, or who, in our sole judgment, interferes with the ability of others to enjoy the Site or infringes the rights of others. Neither we nor any third party content provider shall assume or have any liability for any action or inaction by JStory or any third-party content provider with respect to any conduct, communication, or posting on the message boards or other Interactive Features of the Site.
If you believe that your intellectual property rights have been violated by something on our Site, please contact our Copyright Agent at the contact information on this Site, and provide the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of or a representative list of the works you believe has been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
REGISTRATION AND PASSWORDS
The Site’s Content, including the terms, conditions, and descriptions appearing therein, are subject to change at any time. The information and materials contained in the Site, including the Content, text, graphics, links or other items are provided AS IS and AS AVAILABLE. JStory does not warrant the accuracy, adequacy, or completeness of such content, information and materials and expressly disclaims liability for errors or omissions in this information and materials. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE IS GIVEN IN CONJUNCTION WITH THE SITE OR ITS CONTENT.
THIRD PARTY SITES
Certain sections of the Site may provide links to Websites of third parties, where you may be able to purchase online many different types of products and services that are provided by third parties. Any information, products, software, or services provided on or through third party Web sites are controlled by the operators of such Web sites and not by JStory or our subsidiary companies or affiliates. When you access these third party sites, you do so at your own risk. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of any product or service offered or provided by a third party. If you make a purchase from a merchant on a Web site linked to by the Site, the information obtained during your visit to that merchant’s online store or Website, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant. A merchant that offers or sells products or services through the Site may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. For more information about a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the merchant directly. You agree that neither we nor our affiliates are responsible for any damages that you incur, and you will not assert any claims against JStory or them, arising from your purchase or use of any products or services made available by third parties through the Site.
If a credit card or other financial account (collectively, Account) is being used for making a transaction on the Site (the Transaction), JStory may obtain preapproval for an amount up to the amount of the order. Billing occurs at the time of or shortly after your transaction. You agree that you will pay for all products you purchase through JStory and that JStory may charge your Account for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING JStory WITH A VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card or PayPal account you designate during the registration process. JStory is not responsible for the content and policies of PayPal.com, and you should thoroughly review the terms and conditions of using PayPal prior to making a donation. Furthermore, you acknowledge that PayPal charges transaction fees and that these fees our your responsibility.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY COMPANIES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY COMPANIES OR AFFILIATES IS LIMITED TO THE GREATEST EXTENT THAT IT CAN BE LIMITED UNDER SUCH STATE LAW.
IN NO EVENT WILL WE OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR RELATED ONLINE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE MESSAGE BOARDS OR OTHER INTERACTIVE FEATURES, OR OUT OF THE BREACH OF ANY WARRANTY.
IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
We may, at any time and without notice, suspend, cancel, or terminate your right to use the Site (or any portion of the Site). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the Site affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
The Agreement constitutes the entire agreement between JStory and you with respect to the subject matter contained in the Agreement and supersedes all previous and contemporaneous agreements, proposals, and communications, written and/or oral about this Site.
You also may be subject to additional terms and conditions that may apply when you purchase and/or use the products or services of a third party that are provided on or through the Site. In the event of any conflict between any such third party terms and conditions and the Agreement, the Agreement shall govern.
The Agreement shall be governed by and construed in accordance with the laws of California without giving effect to any principles of conflicts of law. If any provision of the Agreement shall be found unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.
The foregoing provisions of the Agreement are for JStory’s benefit and the benefits of JStory’s affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.