Jockular may modify this Agreement at any time by posting a notice on the Site, or by sending Jockular Users a notice via e-mail or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Site following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified. Jockular may change, suspend or discontinue the Site including any materials displayed on the Site (including but not limited to text, graphics, images, photographs, illustrations, articles, software, music, audio, video, and information, also known as the "Content") for any reason, at any time, including the availability of any feature or Content. Jockular may also impose limits on certain features or services or restrict Users' access to parts or all of the Site without notice or liability.
RESTRICTIONS ON USE OF SITE
Jockular is not for use by people under 18 years of age. You take full responsibility for access of and use of the Site. This Agreement is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Jockular may, in its sole discretion, refuse to offer access to the Site to any person or entity and change its eligibility criteria at any time.
As a condition of use, you promise not to use the Site for any purpose that is prohibited by this Agreement. By way of example, and not as a limitation:
Jockular User will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.
Jockular User will not transmit through the Service any infringing, unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind or nature.
Jockular User agrees not to use the Site for illegal purposes.
Jockular User recognizes and accepts that Jockular is not intended to be an anonymous e-mail service. Every E-card or post sent includes the IP (Internet Protocol) address from which the login session originated. With this header information, the source of a message can be narrowed dramatically (often directly to your computer). This is done for the protection of Jockular recipients.
To report a violation of the Jockular Rules and Regulations, please e-mail us through http://www.jockular.com/static/contact. If you do not wish to receive E-cards or posts from Jockular, you may block your e-mail address from the Site by entering your e-mail address at http://jockular.com/subscribe/index.html.
In order to access some features of the Site, you will have to create an account. You must submit a valid e-mail address and select a password and user name during the registration process. You may never use another person's account without permission. When creating your account, you must provide accurate and complete information. Failure to do so shall constitute a breach of this agreement, which may result in immediate termination of your Jockular account. You shall not (i) select or use as your user name a name of another person with the intent to impersonate that person; (ii) use as your user name a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as your user name a name that is otherwise offensive, vulgar or obscene. Jockular reserves the right to refuse registration of, or cancel an account in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Jockular password. You shall never use another user's account without such other user's express permission. You will immediately notify Jockular in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
The Content and other items displayed on the Site are for your personal use only. The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Jockular hereby grants you a limited, revocable, non-sublicensable license to display the Content and transmit the Content through the Site; provided, that you retain all copyright and other proprietary notices contained therein. Except as set forth in this section, reproducing, copying or distributing any Content, materials or design elements on the Site for any purpose other than personal, noncommercial use is strictly prohibited without the express prior written permission of Jockular. Except as set forth in this Section, you may not modify, publish, transmit, participate in the transfer or sale of, copy, reproduce, download, upload, transmit, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content (other than your User Content) on the Site or any other website owned, operated, licensed or controlled by Jockular, in whole or in part. In addition, you may not reverse engineer, decompile or disassemble any Content, nor shall you use or download any images separate and/or apart from the associated product or service. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Site.
Jockular User acknowledges that Jockular has no control over, and no duty to take any action regarding which Users gain access to the Site, what Content you access via the Site, what effects the Content may have on you, how you may interpret or use the Content, or what actions you may take as a result of having been exposed to the Content. You release Jockular from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct Users to sites containing, materials that some people may find offensive or inappropriate. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Jockular DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Jockular DOES NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Jockular DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING, AND WILL NOT BE RESPONSIBLE OR LIABLE FOR, THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, COPYRIGHT COMPLIANCE, LEGALITY, DECENCY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
You acknowledge and agree that if you upload to the Site, or otherwise transmit on or through the Site, Content ("User Content"), including by but not limited to submitting Content through the Create Your Own Card service or to any "Public Area" of the Site (e.g. public chat rooms, bulletin boards, etc.) you automatically grant, or warrant that the owner of such User Content has expressly granted, Jockular the royalty-free, perpetual, irrevocable, transferable, non-exclusive, worldwide, sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit such Content (in whole or part, including all related intellectual property rights) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such User Content. In other words, if you don't own the User Content, or if you don't have permission from the person who does, don't upload it to this or any other Site of ours. You warrant, represent and agree that you own or otherwise control all rights to such User Content and that disclosure and use of such User Content by Jockular (including without limitation, publishing Content on or at the Site) will not infringe or violate any patent, trademark, service mark, trade secret, copyright, right of privacy or publicity or other right, including moral rights, of any other person or entity. You further warrant, represent and agree that you will not contribute any User Content which is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, or hateful, or contains a virus, Trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage or detrimentally interfere with any system, data or information. No User Content shall be subject to any obligation of confidentiality on our part. Jockular reserves the right to use User Content submitted by you as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Jockular reserves the right to remove any User Content from the Site at any time, for any reason or for no reason at all. You are responsible for all User Content posted under your username, including User Content contributed by a third party whom you have authorized to post User Content under your username. If you believe User Content residing on the Site infringes a copyright, please see our Copyright Policy.
Jockular is under no obligation to offer you any payment for User Content you submit regardless of whether Jockular commercializes such User Content in any way or the opportunity to edit, delete or otherwise modify User Content once it has been submitted to Jockular. Jockular shall have no duty to attribute authorship of works developed by Jockular using your User Content to you, and shall not be obligated to enforce any form of attribution by third parties. We hope you will understand that this policy is necessary because Jockular is continuously developing and creating its own ideas and materials, employees of Jockular may currently be working on or previously have worked on ideas or materials similar to your User Content, and Jockular may have received or may someday receive from others ideas or materials similar to your User Content. Jockular may currently have or previously have had access to and/or may independently create or have created E-cards or posts or other materials which may be similar or identical to the ideas, themes, or other elements of your User Content.
You will indemnify and hold Jockular, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from (i) any claim or demand made by any third party due to or arising out of your access to the Site, your violation of this Agreement, or the infringement by you, or any third party using your Jockular account of any intellectual property or other right of any person or entity.
LIMITATION OF LIABILITY
Under no circumstances shall Jockular be liable for (a) any special, consequential, incidental, indirect or punitive damages that result from the use of, or the inability to use, the materials in the Site, even if Jockular or a Jockular authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Jockular's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the greater of $100 or the amount paid by you, if any, for accessing this site.
THIRD PARTY SITES
The Site may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under Jockular's control, and you acknowledge that Jockular is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Jockular or any association with its operators. You further acknowledge and agree that Jockular shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
This agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of this Site shall be filed only in the state or federal courts located in New York County, 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. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation, this section. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed limited or eliminated from this Agreement to the minimum extent necessary and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. This Agreement is not assignable, transferable or sublicensable by Jockular User except with Jockular's prior written consent. Jockular may transfer, assign or delegate this Agreement and its rights and obligations without consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Jockular User does not have any authority of any kind to bind Jockular in any respect whatsoever.
Either party may terminate this Agreement at any time by notifying the other party by any means. Jockular may also terminate this Agreement immediately without notice if in Jockular's sole discretion you fail to comply with any term or provision of this Agreement. Any fees paid hereunder are nonrefundable. Upon termination, your right to access and use the Site and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
Jockular has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Jockular's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy. It is Jockular's policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders. If you believe that Content residing on or accessible through the Site infringes a copyright, please send a notice of copyright infringement by facsimile or regular mail (not e-mail) to Jockular, Attn: Copyright Agent, P.O. Box 695 New York, NY, 10159, containing the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that Jockular is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, e-mail address;
- A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once proper infringement notification is received by the Designated Agent, it is Jockular's policy to remove or disable access to the infringing Content; to notify the Content provider, member or user that it has removed or disabled access to the Content; and that repeat offenders will have the infringing Content removed from the system and that Jockular will terminate such content provider's, member's or user's access to the service. Please also note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
You may contact Jockular at the following address:
Attn: Legal Department
P.O. Box 695
New York, NY 10159