Terms Of Service (DRAFT)
PLEASE READ THESE TERMS AND CONDITIONS (THE "AGREEMENT") CAREFULLY BEFORE USING THE SERVICES. BY CLICKING ON THE "OKAY, DONE!" BUTTON, YOU OR THE ENTITY OR COMPANY THAT YOU REPRESENT ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. YOUR USE OF THE SITE AND THE SERVICES OFFERED BY Jimhoyd SHALL ALSO CONSTITUTE ASSENT TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THIS AGREEMENT, YOU WILL HAVE NO RIGHT TO USE THE SITE OR THE SERVICES DESCRIBED HEREIN.
The Web pages available at www.Jimhoyd.com and all linked pages ("Site"), are owned and operated by Jimhoyd, Inc. ("Jimhoyd"), and are accessed by you ("User") under the following terms and conditions.
Jimhoyd reserves the right, at its discretion, to modify the Agreement or Services (as defined below) or Content (as defined below) at any time by posting a notice on the Site, or by sending User a notice via email or postal mail. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by User following such notification constitutes User's acceptance of the terms and conditions of this Agreement as modified.
ACCESS TO THE SERVICES
Subject to the terms and conditions of this Agreement, Jimhoyd may offer to provide certain services and content, as described more fully on the Site, and which are selected by User through the process provided on the Site ("Services"). Services shall include, but not be limited to, any services Jimhoyd performs for User, as well as the offering of any materials displayed or performed on the Site (including, but not limited to diagrams, text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") on the Site. Jimhoyd may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature, database, or content. Jimhoyd may also impose limits on certain features and services or restrict User's access to parts or all of the Services without notice or liability.
User certifies to Jimhoyd that if User is an individual (i.e., not a corporation or institution) User is of legal age to form a binding contract. User also certifies that it is legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site. Without limiting the foregoing, if User is under the age of 13, User is not allowed to use the Services. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
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. User may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
Jimhoyd does not claim ownership rights in any Content that User chooses to post to the Site or send using the Services. After posting Content to the Site or sending Content using the Services, User continues to retain all ownership or license rights in such Content.
As a condition of use, User promises not to use the Services for any purpose that is unlawful or prohibited by this Agreement, or any other purpose not reasonably intended by Jimhoyd.
By way of example, and not as a limitation, User agrees not to use the Services:
- to abuse, harass, threaten, impersonate or intimidate other Jimhoyd users;
- to contribute or send any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
- for any illegal or unauthorized purpose. If User is an international user, User agrees to comply with all local laws regarding online conduct and acceptable content;
- to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Jimhoyd user;
- to modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with the Site;
- to create or submit unwanted email ("Spam") to any other Jimhoyd users or any URL;
- to violate any laws in User's jurisdiction (including but not limited to copyright laws);
- to submit stories or comments linking to affiliate programs, multi-level marketing schemes;
- User will not use any robot, spider, scraper or other automated means to access the Site for any purpose without Jimhoyd's express written permission. Additionally, User agrees that it will not: (i) take any action that imposes, or may impose in Jimhoyd's sole discretion an unreasonable or disproportionately large load on Jimhoyd's infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures Jimhoyd may use to prevent or restrict access to the Site.
User is responsible for all of its activity in connection with the Services and accessing the Site. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Jimhoyd user. User shall not use any part of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity. User will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Site, or any processes that run or are activated while User is not logged in to the Site and/or Service.
User acknowledges that Jimhoyd has no control over, and no duty to take any action regarding: which users gains access to the Site or use the Services; what Content User accesses via the Site or Services; what effects the Content may have on User; how User may interpret or use the Content; or what actions User may take as a result of having been exposed to the Content. User releases Jimhoyd from all liability for User having acquired or not acquired Content through the Site or Services. The Site or Services may contain, or direct User to sites containing, information that some people may find offensive or inappropriate. Jimhoyd makes no representations concerning any content contained in or accessed through the Site or Services, and Jimhoyd will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or Services. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
REGISTRATION AND SECURITY
As a condition to using the Services, User may be required to register with Jimhoyd and enter an email address and password ("Jimhoyd Username"). User shall provide Jimhoyd with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's account. Jimhoyd reserves the right to refuse registration of, or cancel a Jimhoyd Username in its discretion. User shall be responsible for maintaining the confidentiality of User's Jimhoyd password.
User will indemnify and hold Jimhoyd, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of User's access to the Site, use of the Services, the violation of this Agreement by User, or the infringement by User, or any third party using User's account, of any intellectual property or other right of any person or entity.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Jimhoyd BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES (I) FOR ANY AMOUNT IN EXCESS OF THE AGGREGATE FEES PAID BY USER FOR SUCH SERVICES; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO USER.
Either party may terminate the Services at any time by notifying the other party by any means. Jimhoyd may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if User breaches any of the terms or conditions of this Agreement. Upon termination of User's account, User's right to use the Services, access 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, indemnification and limitations of liability.
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. Jimhoyd shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Jimhoyd's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with Jimhoyd's prior written consent. Jimhoyd may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Jimhoyd in any respect whatsoever.