Terms and Conditions
Please read
the following terms and conditions of use (the "Terms and Conditions")
which govern your use of, and access to, the "Website"
located at http://www.jimkanas.com, including but limited to its
message boards, (referred to herein as the "Service")
and your relationship with Jim Kanas Productions, its affiliates
and subsidiaries, and all individuals and companies associated with
this Website, including their successors in interests and assigns
(collectively referred to as "JKP" or "We").
Your use of this Service means that you accept and agree to the
Terms and Conditions. If you do not agree, do not use the Service.
We may change the Terms and Conditions from time to time and at
any time without notice to you, by posting such changes on this
Website. By using the Service following any modifications to these
Terms and Conditions, you agree to be bound by any such modifications
to the Terms and Conditions.
If you do not have legal
capacity to enter into the agreement created by these Terms and
Conditions, you cannot use the Service unless and until JKP receives
the consent of your parent or legal guardian.
Warranty Disclaimer:
By using the Service,
including any software and content contained therein, you agree
that your use of the Service is entirely at your own risk. The Service
is provided to you as a convenience to provide information relating
to, and to discuss, JKP products and related resources, but we do
not guarantee the accuracy or completeness of such information.
THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY
WARRANTY FOR INFORMATION, DATA, SOFTWARE, TOOLS, SERVICES, OR UNINTERRUPTED
ACCESS. SPECIFICALLY, THE SERVICE DISCLAIMS ANY AND ALL WARRANTIES,
INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE
AVAILABILITY, RELIABILITY, ACCURACY, USEFULNESS, CONTENT, TIMELINESS,
OR SECURITY OF INFORMATION OR SERVICES; AND (ii) ANY WARRANTIES
OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY
APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT
OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE
OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR
UNDER ANY OTHER CAUSE OF ACTION. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK
AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVISE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM JKP THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
Limitation of Liability:
NEITHER JKP NOR ANY OF
ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT
OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JKP HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF
(i) YOUR USE OF THE SERVICE, (ii) INABILITY TO GAIN ACCESS TO OR
USE THE SERVICE, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO VIA THE SERVICE, (iv) UNAUTHORIZED ACCESS TO OR MODIFICATION
OF YOUR TRANSMISSIONS OR DATA, (v) STATEMENTS OR CONDUCT OF JKP
OR ANY THIRD PARTY ON THE SERVICE, OR (vi) OUT OF ANY BREACH OF
ANY WARRANTY.
BECAUSE SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN SUCH STATES, THE RESPECTIVE LIABILITY OF JKP, ITS EMPLOYEES,
AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE
PROVIDERS IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY SUCH STATE
LAW.
Your Use of the Service:
Your ability to use the
Service is subject to you adhering to all Terms and Conditions at
all times. Except as may otherwise be provided for under the Website,
we do not grant you a license to any content, features or materials
you may access via the Service, including without limitation any
trademarks, registered trademarks, service marks, copyrightable
material or any other intellectual property included in the Service.
Except as may otherwise be provided for under the Website, you may
not for any purpose download or save a copy of any of the Service's
screens or "content" (which includes information, data,
software, photographs, graphics, and all other materials expressed
in whatever format), nor modify them, or any portion thereof, except
as otherwise provided in these Terms and Conditions. You may, however,
print a copy of the content on this Website for your sole personal
use or records, and access the Service on a single computer, provided
that you do not (and do not allow any third party to) (i) distribute,
copy, modify, create a derivative work of or based on, reverse engineer,
reverse assemble or otherwise attempt to discover any source code,
content or any portion of the Service, or (ii) sell, rent, loan,
assign, sublicense, grant a security interest in or otherwise transfer
any right in or to the content or Service.
Registration Requirements:
You may be required to
register before you are permitted access to certain portions of
the Service. To register, and to maintain your status as a registered
user, you must provide, and update as necessary, the requested registration
information, which must be current, accurate, complete and truthful
at all times. If we have reasonable grounds to believe that your
registration information is not current, accurate, complete or truthful,
we may without notice suspend or terminate your access to the Service,
including terminating your access to any information you may have
stored on the Service.
Proprietary Rights:
The Service
and any software used in connection with the Service contains proprietary
and confidential information that is protected by applicable intellectual
property and other laws, which you may not infringe upon or use
in any manner except as expressly permitted under these Terms and
Conditions. JKP is the owner and/or authorized user of any trademark,
registered trademark and/or service mark appearing on the Service,
and is the copyright owner or licensee of the content and/or information
on the Website, unless otherwise indicated, implied, suggested or
understood. If you make other use of this Website, except as expressly
permitted under the Terms and Conditions, you may violate copyright
and other laws of the United States and/or other countries, as well
as applicable state laws and may be subject to liability for such
unauthorized use. Our use of any trademarks, registered trademarks,
service marks, copyrightable material or any other intellectual
property found on this Website, does not convey to you any license
or other authorization to such marks or materials.
Third Party Provided
Content:
Certain information contained
on this Website, as well as reference materials or links to other
sites, are provided for general informational purposes only, and
are not intended to be relied upon for any purpose. Neither JKP
nor any of its data or content providers shall be liable for any
errors or delays in the content, or for any actions taken in reliance
thereon, nor does JKP warrant that the content is accurate, complete
or truthful.
You further acknowledge
that by using the Service, you may access content which you might
consider offensive, indecent or objectionable. It is your responsibility
to evaluate, assess, and bear any risk, associated with the use
of any content. JKP is not liable for any content, including but
not limited to any errors or omissions in any content or for any
loss, damage or injury of any kind resulting from your, or any other
party's, use of content distributed or otherwise made available
via the Service.
User Conduct On the Service:
You acknowledge and agree
that you must: (a) provide for your own access to the World Wide
Web and pay any service fees associated with such access, and (b)
provide all equipment necessary for you to make such connection
to the World Wide Web, including a computer, software, a modem and
a working telephone line.
While using the Service,
you may not:
upload, post, publish,
transmit, reproduce, e-mail, or distribute in any way, any content
obtained through the Service which is protected by copyright, or
other proprietary or intellectual property right, or derivative
works with respect thereto, without obtaining the express written
permission of the copyright, trademark or patent owner or other
rights holder and of JKP; or
upload, post, publish,
reproduce, e-mail, transmit or distribute in any way, any content
that you do not have a right to make available under any law or
under contractual or fiduciary relationships; or
upload, post, publish,
reproduce, transmit, e-mail or distribute in any way any component
of the Service itself or derivative works with respect thereto,
as the Service is copyrighted as a collective work under U.S. copyright
laws; or
upload, post, publish,
reproduce, e-mail, transmit or distribute in any way via the Service
any content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party; or
upload, post, publish
or transmit via the Service any unlawful, fraudulent, libelous,
defamatory, obscene, pornographic, profane, threatening, abusive,
false, harassing, tortuous, vulgar, invasive (of another's privacy),
hateful, or racially, ethically or otherwise objectionable information
of any kind, including without limitation any transmissions constituting
or encouraging conduct that may constitute illegal activity, constitute
a criminal offense, give rise to civil liability, or otherwise violate
any local, state, national or foreign law, including without limitation
the U.S. export laws and regulations; or
upload, post, publish,
transmit, reproduce, e-mail, distribute or in any way exploit any
content obtained through the Service for commercial purposes (other
than as expressly permitted by the provider of such content); or
restrict, interfere with,
or inhibit any other user from using and enjoying the Service; or
post or transmit any
advertisements, solicitations, chain letters, pyramid schemes, investment
opportunities or schemes or other unsolicited commercial communication
(except as otherwise expressly permitted by the Service) or engage
in spamming or flooding; or
impersonate any other
person or entity, or misrepresent your affiliation with any other
person or entity; or
post or transmit any
information or software into the Service which contains a virus,
trojan horse, worm or other harmful component; or
harm minors in any way;
or
forge headers or otherwise
manipulate identifiers in order to disguise the origin of any content
transmitted through the Service; or
collect or store personal
data about other users for any purpose; or
intentionally or unintentionally
violate any applicable local, state, national or international law.
Available Content:
You acknowledge that all content accessed through the Service is
the sole responsibility of the individual party that posts such
content. This means that you, and not JKP, are entirely responsible
for all content that you upload, post, e-mail, transmit or otherwise
distribute via the Service. Further, JKP has no responsibility to
you with respect to content uploaded, posted, e-mailed, transmitted
or otherwise distributed to you via the Services by other parties.
We do not pre-screen
or have an obligation to monitor the content posted by you, or any
other party, on the Service. You acknowledge and agree, however,
that we do, in our sole discretion, retain the right to monitor
the Service and remove or move any content made available via the
Service. We also may disclose any information as we may deem necessary
or appropriate to satisfy any law, regulation or other governmental
request, to operate the Service properly, to protect JKP, its customers,
or users of the Website. We will not intentionally monitor or disclose
any private electronic-mail message which you have directed specifically
and solely to JKP, unless required by law. We reserve the right
to refuse to post or to remove any information or materials, in
whole or in part, that we, in our sole and absolute discretion,
deem to be unacceptable, undesirable, inappropriate or in violation
of these Terms and Conditions.
Submissions:
All information and content
made available via the Service, including but not limited to all
content posted on the Website's message boards, shall be deemed
and remain the property of JKP, and we shall be free to use, for
any purpose (including commercial exploitation), any ideas, concepts,
know-how or techniques contained in any information or content which
any user makes available through this Website. JKP shall not be
subject to any obligations of confidentiality regarding submitted
information, except as agreed by JKP or required by law.
Links from and to the
Service:
You acknowledge and agree
that JKP and any of its Website co-branding providers have no responsibility
for the accuracy or availability of information provided by linked
Websites (if any). Links to external Websites do not constitute
an endorsement by JKP or its Website co-branding providers of the
sponsors of such sites or the content, products, advertising or
other materials presented on such sites. We do not author, edit,
or monitor these pages or links. You acknowledge and agree that
we are not responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection
with your use of or reliance on any such content, goods or services
available on such external Websites or resources.
Failure to Comply With
Terms and Conditions and Termination:
You acknowledge and agree
that we may deny you access to all or part of the Service without
prior notice if you engage in any conduct or activities that we,
in our sole and absolute discretion, believe violate any of these
Terms and Conditions, violate the rights of JKP, or is otherwise
inappropriate for continued access.
You agree to indemnify
and hold JKP and its affiliates harmless from any and all claims,
liabilities, costs and expenses, including reasonable attorneys'
fees, arising in any way from your use of the Service or the placement
or transmission of any message, information, software or other materials
through the Service by you or any users of your account or related
to any violation of these Terms and Conditions by you or any users
of your account.
Miscellaneous:
We reserve the right
to change any information on this Website, including but not limited
to terminating the Service or revising and/or deleting features
or other information without prior notice to you. Accessing certain
links within this Website, if any, may provide you with access to
third party websites for which we assume no responsibility of any
kind for the content, availability or otherwise. (See "Links
from and to the Service" above.) The content of this Website
may vary depending upon your browser functionality and limitations.
You and JKP each agree
to submit to the personal and exclusive jurisdiction of the courts
located within the state of Illinois. The Terms and Conditions and
the relationship between you and JKP shall be governed by the laws
of the State of Illinois, without regard to its conflict of law
provisions. Notwithstanding the foregoing, you agree to comply with
all local rules, in whatever jurisdiction, including those outside
of the United States, regarding online conduct and the use of personal
information. You further agree to comply with all applicable laws
regarding the transmission of data exported from the country in
which you reside and from which your access to the Service originated.
The failure of JKP to
exercise or enforce any right or provision of the Terms and Conditions
shall not constitute a waiver of such right or provision. If any
provision of the Terms and Conditions is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties¥ intentions
as reflected in the provision, and the other provisions of the Terms
and Conditions shall remain in full force and effect.
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