Terms & Conditions
1. Subject to the terms and conditions of this Agreement, and Your full and timely payment of all charges (if any) incurred by You from or through the Site, JSJP may, at its discretion, allow You to access this Site on any single computer for personal use by You, solely for purposes of viewing displays of the Site, searching the Site for posted content, and printing search results for Your personal internal use only. JSJP may terminate or deny You access to the Site at any time (including for system maintenance), without notice and for any reason, and You shall immediately cease all use of the Site in such event. JSJP reserves the right to modify this Agreement at any time, without notice or consent. Modified versions of this Agreement may appear on the Site from time to time, and such versions shall become effective and be binding immediately upon publication. Your continued use of this Site after publication of any such version constitutes Your agreement to such modifications. You agree to timely pay all charges incurred by You from or through the Site, and You acknowledge and agree that JSJP has the right, in its sole discretion, to terminate, cancel or deny Your access to the Site in the event full and timely payment is not made. In the event of default or breach of this Agreement by You, JSJP has the right, in its sole discretion, to terminate this Agreement, with or without notice to You, and in the event of such termination, You agree to immediately pay to JSJP any and all charges incurred by You in connection with the Site and this Agreement, including, without limitation, any and all costs, expenses and attorneys fees of JSJP to collect amounts owed by You, to enforce this Agreement, and to protect or enforce JSJP’s rights, including proprietary rights, in and to the Site.
2. You may not copy, download, store, publish, transmit, distribute, upload to, transfer, sell, sublicense or otherwise use this Site, or any portion, except as expressly permitted by this Agreement or, if not expressly prohibited by this Agreement, as allowed under the fair use provision of the U.S. Copyright Act (17 U.S.C. §107). You shall not modify information or operations of the Site in any way or manner, and you shall not reverse engineer, decompile, disassemble or otherwise attempt to access or discern the source code, architecture, or similar attributes of the Site or any information about usage or users of the Site. You shall not use any robot, spider, other automated process, or manual process to access, monitor, copy or modify the Site or information of the Site.
3. This Site is protected by copyrights, trademarks, and service marks, and may be protected by patents and other proprietary rights and laws. You acknowledge and agree that, as between You and JSJP, all right, title and interest in and to this Site and all parts thereof, as now and hereafter existing, and all intellectual property rights therein, including, without limitation, all copyrights, trademarks, service marks and other proprietary rights, are and shall remain the exclusive property of JSJP. Nothing herein confers or shall be construed as conferring, by implication, estoppel or otherwise, any right, title or ownership in the Site or any Site content.
4. You will access and sign on to the Site by using the User ID and Password that You select during registration. You agree to provide accurate and complete registration information in registering for this Site, and You shall inform JSJP of any changes to the registration information. You represent and warrant unto JSJP that registration for this Site is for a single person only, and that You will not permit anyone other than You to access and use this Site using Your User ID and Password. You are responsible for all access to and use of this Site through Your User ID and Password, including access of any goods or services the use of which results in monetary charge to You, whether or not You have knowledge of or authorize such access and use. You shall immediately notify JSJP in the event of any unauthorized use of Your User ID and Password, or if You suspect privacy of Your User ID and Password has been or could be jeopardized.
5. JSJP and the Site make no representations or warranties as to the accuracy, timeliness or completeness of any content or information posted on the Site, and You acknowledge such limitations of the Site and agree to notify JSJP of any content or information so affected. You assume and shall be solely responsible for all risk associated with use and access to the Site and information of the Site, including, without limitation, inaccuracies, incompleteness, discrepancies, delay, changes, data loss, and cancellation or denial of access to the Site. You agree that the JSJP, its officers, directors, employees, agents and affiliates will have no liability with respect to Your use, access, reliance, or transactions associated with the Site or any content or information of the Site.
6. You acknowledge, understand and agree that the Site and the content and information thereof is provided “AS IS”, “AS AVAILABLE”, and “WITHOUT WARRANTY of any kind, express or implied.” To the fullest extent permissible under applicable law, JSJP, its officers, directors, employees, agents and affiliates, and its and their third party suppliers, disclaim all respresentations and warranties, express and implied, including without limitation any and all warranties of merchantability, fitness for particular purpose, accuracy, omissions, completeness, currentness, delays, course of dealing, usage of trade, and non-infringement. JSJP and the site make no representation, warranty or guaranty (i) as to the sequence, accuracy, truth, timeliness, completeness, accessibility, security, or communication links of any content, information or data of the Site, or that any defects will be corrected; or (ii) that any content, information or data of the site may be relied on for any purpose, commercial or otherwise. You acknowledge and agree that you are responsible for verification of all content, infromation and data which you access or elect to use on, in connection with, or associated with the Site. you shall independently determine the veracity of all site content, information and data that you access or use for any purpose, including any business or commercial purpose. JSJP disclaims all responsibility for any loss, injury, claim, demand, liability, damage and/or injury of any kind resulting from, arising out of, associated with, or in any way related to: (a) the access or use of the Site, including, without limitation, the content, information or data thereof; (b) the access or use of third party websites, content or services through links in the Site; (c) the unavailability of the Site; or (d) the use of equipment, software, and other systems and processes in connection with access and use of the Site. JSJP, its officers, directors, employees, agents and affiliates, and its and their third party suppliers, shall have no liability whatsoever to you for any claim relating in any way to any third party content or any feature of the site.
7. YOUr exclusive remedy for any claim for damages arising out of, in connection with, or in any manner related to use of the Site, whether based in contract, negligence or otherwise, and the sole and cumulative liability, if any, of JSJP, its officers, directors, employees, agents and affiliates, and its and their third party suppliers, individually or jointly, for any such claim, shall be limited to the aggregate amount paid by you to jsjp for access and use of the Site during the 12 month period preceding the event giving rise to such claim. In no event shall JSJP, its officers, directors, employees, agents and affiliates, and its and their third party suppliers, be liable to you for any claim relating in any manner to: (a) Your inability or failure to use the Site properly or completely, even if assisted by JSJP or any others, or any decision made or action taken by you in reliance on, with knowledge of, or through use or access to the Site, its content, information, or data; (b) any lost profits or consequential, exemplary, incidental, indirect or special damages, whatsoever, relating to or associated with, in whole or part, your rights under this agreement, your use or inability to use the Site, its content, information, data, search process, or any aspect of the Site, any third party statement, advertisement, or other information, service or product, or THE content or information of the site. your exclusive remedy, and the limitation of liability, shall apply, even if JSJP, its officers, directors, employees, agents or affiliates, or its or their third party suppliers, have been advised of the possibility of such damages and irrespective of whether or not such damages are foreseeable or could have been anticipated.
8. Third party content, messages, services and products may appear on the Site or be accessible through links from the Site. JSJP is not responsible, and assumes no liability, for any mistakes, misstatements, defamation, slander, libel, omissions, falsehood or obscenity in the statements, opinions, representation or any other form of content or information contained in any third party content, messages, services or products appearing on or accessible from the Site. You acknowledge and agree that the third party content is neither endorsed by nor reflects the beliefs of JSJP or the Site. You further acknowledge and agree that the Site may contain advertising and sponsorships and that advertisers and sponsors are solely responsible for material submitted by them and for any inaccuracy or noncompliance with applicable laws. You agree that JSJP is not responsible for illegality or error or inaccuracy in any such material of advertisers or sponsors or for acts or omissions thereof.
9. JSJP and the Site have registered an agent with the U.S. Copyright Office as outlined in Title II of the Digital Millennium Copyright Act (17 U.S.C. §512). Upon notice of alleged copyright infringement, JSJP will remove or block access to the material, provide notice to the use who posted the material and proceed as dictated by such title of such Act. JSJP may block access to areas of the Site to infringers. All notices of alleged copyright infringement through the site should be sent to: JSJ Productions, Inc., 14101 Highway 290 W., Bldg 1600B, Austin, Texas 78737.
10. This Agreement embodies the entire understanding between you and JSJP with respect to the subject matter herein and Your access to and use of the Site, and supersedes any and all prior understandings and agreements, oral or written, with respect thereto. Except for claims relating to Your improper use of the Site, no claim, regardless of form, which in any way arises out of this Agreement or the Site, may be made if such claim is brought more than one year after the basis for the claim becomes known to the party asserting the claim.
11. You, and your agents, representatives, affiliates, successors, heirs and assigns, shall indemnify and hold harmless JSJP, its officers, directors, employees, agents and affiliates, and its and their third party suppliers, of, from and against any and all claims, demands, actions, proceedings, damages, liabilities, losses, fees, costs and expense (including, without limitation, reasonable attorneys fees, costs of court, and costs of investigation) directly or indirectly arising from or in any way connected with or related to (i) Your use of or reliance on the Site, its content, information or data, or other information acquired through or from the Site; (ii) any breach or default of any term or condition of this Agreement by You; and (iii) any negligence or willful misconduct by or on behalf of You or Your agents, representatives, employees, or contractors.
12. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, U.S.A., without regard to conflicts of law principles. The parties agree that state and federal courts in Travis County, Texas, shall have sole and exclusive jurisdiction, including personal jurisdiction, and venue of any claim arising out of this Agreement or the Site, and each party expressly consents to such sole and exclusive jurisdiction and venue. This Agreement, in part or whole, may not be assigned, sublicensed or otherwise transferred or alienated by You. If any term or provision of this Agreement is held to be void, invalid, unenforceable or illegal by a court of competent jurisdiction, the validity and enforceability of the other terms and provisions shall not be affected thereby. Failure of any party to enforce any provision of this Agreement shall not be construed as a waiver of such provision or of the right to enforce the provision.