Site User Agreement

PLEASE READ THIS CAREFULLY. THE FOLLOWING TERMS AND CONDITIONS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND JAN-PATRICK SCHMITZ (“JPS”). By using the JPS web site (“Site”) and/or downloading any content or activating your account on the Community Pages (as defined below), you agree to be bound by and comply with this Site User Agreement (“Agreement”). If you do not wish to be bound by this Agreement, do not use this Site.

THIS AGREEMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS OF LIABILITY AND EXCLUSIONS, YOUR INDEMNIFICATION OBLIGATION AND A DISPUTE RESOLUTION CLA– — USE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

This Agreement applies to you, and if you are using this Site on your employer’s behalf, to you and your employer. JPS reserves the right to change this Agreement from time to time at its sole discretion, and your use of the Site will be subject to the most current version posted on the Site at the time of your use. If you are acting within the scope of your employment as an employee, contractor, or agent of another party, you warrant that such party has full knowledge of your actions and has consented thereto.

This Agreement is in addition to your obligations under the applicable JPS Content License Agreement (if any). In the event of any conflict between this Agreement and the JPS Content License Agreement, the JPS Content License Agreement will control as to the conflicting terms. If you are unsure of your rights or obligations under this Agreement, please contact Customer Service by e-mail at info@janpatrickschmitz.org

Permitted Use of this Site

This Site is owned and operated by JPS. All images, audio, video and related informational materials in any medium furnished by JPS hereunder, including related text, captions, or information (collectively referred to as “Content”), is owned by JPS or our licensors and is protected by US and international copyright laws, trade dress, moral rights, and other intellectual property rights. Except as explicitly permitted under this Agreement or the applicable JPS’ Content License Agreement (if any), no portion or element of this Site or its Content may be copied or retransmitted via any means and all related rights shall remain the exclusive property of JPS

FOR THE PROTECTION OF JPS AND ITS IMAGE SOURCES AND OTHER LICENSORS, CONTENT MAY BE VISIBLY, INVISIBLY, OR ELECTRONICALLY WATERMARKED AND MAY INCLUDE THE — — USE OF DIGITAL RIGHTS MANAGEMENT SYSTEM TECHNOLOGY WITHIN CONTENT. SUCH TECHNOLOGY MAY PERMIT ONLINE CRAWLING OR TRACKING OF CONTENT OBTAINED FROM JPS AND/OR OTHER METHODS OF PROTECTING, MONITORING, OR TRACKING THE UNAUTHORIZED — — USE OF THE CONTENT (“RIGHTS MANAGEMENT SYSTEMS (RMS))”. If you do not consent to JPS’ use of RMS, do not use the Site or any Content found therein. You shall not knowingly disable any such technology or tool. You may not remove any copyright or other proprietary notices contained in the Content, caption information, or any other material on this Site. Additionally, unless authorized by JPS in writing, you may not:

  1. deep link or employ software or any automatic device, technology or algorithm, to “crawl,” “scrape,” search or monitor the Site and/or retrieve or copy Content or related information;
  2. violate the mechanical restrictions of the Site, or bypass other measures employed to prevent or limit access to the Site or Content by hacking or other means;
  3. copy, redirect, or exploit the Site or any Content;
  4. probe, scan, or test the vulnerability of the Site or of the network supporting the Site, or seek information on visitors to the Site or personal information of JPS’ customers; or
  5. use any device, software or routine that would interfere with the proper functioning of the Site, or any transaction conducted via the Site.

Your use of this Site and any Content shall comply with all applicable law. JPS reserves the right, in its sole discretion, to revoke your authorization to view, download and use the Content and information available on the Site at any time and for any reason, with or without notice to you of such revocation, and you agree to immediately discontinue such use upon notice from JPS. JPS may also restrict or remove Content from the Site for any reason, and you agree to immediately discontinue all use of the Content upon notification from JPS. Additionally, you are responsible for backing up your data and any Content you have licensed from the Site, and JPS provides no warranty or guarantee that Content you have licensed will be available from the Site.

Unauthorized use of Content constitutes infringement of copyright and other applicable rights and shall entitle JPS to exercise all rights and remedies under applicable copyright and other laws, including monetary damages against all users and beneficiaries of the use of such Content. JPS in its sole discretion reserves the right to bill You (and You hereby agree to pay) ten (10) times the license fee for any unauthorized use, in addition to any other fees, damages and penalties JPS may be entitled to under this Agreement, any applicable JPS Content License Agreement and applicable law. The foregoing is not a limiting statement of JPS’ or its Content sources’ rights or remedies in connection with any unauthorized use of the Content, breach of the Agreement, or JPS Content License Agreement.

Despite our efforts to provide accurate information, this Site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this Site and its Content may include historically and culturally important images and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any Content requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by JPS. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counsel.

Privacy

JPS’ Privacy Policy applies to use of this Site, and its terms and conditions are made part of this Agreement by reference. Please consult JPS’ Privacy Policy for specific information on JPS policies for use of your personal information. You understand that any message or information sent to the Site may be viewed or intercepted by third parties, even if there is a special notice that the information (e.g., financial information) is encrypted.

Please note that if you use JPS’ Community Pages, including blogs and discussion threads described further below, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these pages. You may, at any time, request access to, correct and delete personal information about you stored by JPS with respect to these Community Pages by contacting us directly.

Registering for a JPS Account

Registration with JPS grants you certain privileges. For example, if you have registered for a JPS account and JPS has approved your registration, you may be able to access Content without a visible watermark. In applying for a JPS account, you agree to furnish true and accurate information. JPS reserves sole discretion over whether to grant you an account, and you agree to access the authorized sections of the Site and your account only by using the account number and password supplied to you by JPS. You are responsible for maintaining the confidentiality of your account number and/or password, if applicable, and you shall not distribute this access information or allow others to use this access information to gain access to this Site. You agree to take reasonable steps to prevent others from obtaining your access information and to notify JPS of any unauthorized access or need to update or remove access for any of your employees or agents. You shall be liable for payment for all Content downloaded by others using your account, with or without your permission or knowledge prior to the time that you notify JPS of any unauthorized use. You acknowledge and agree that you are responsible for damages and repercussions resulting from all uses of your account, whether actually or expressly authorized by you. You further acknowledge and agree that you will be responsible for each and every access, use or enjoyment of the Content that occurs in conjunction with the account and password given to you by JPS, and that JPS is authorized to accept the account information and password as conclusive evidence that you have accessed, utilized, or otherwise enjoyed the Content.

If you suspect you are being impersonated, contact us immediately. JPS reserves the right to disclose any information, including registration data, in order to comply with any applicable laws and/or government requests for the protection of JPS and its members.

JPS cannot and will not be liable for any loss or damage arising from your failure to follow these obligations. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any JPS account or Site or related services.

Children

Minors and children (persons under the age of 18) are not eligible to use this Site unsupervised and we ask that minors and children do not register for an account or submit any personal information to us. By using this Site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.

Limited License for Comp Usage

Conditioned on your compliance with this Agreement, JPS grants you a limited license to download Content consisting of images solely for evaluating whether you wish to purchase a license to the image according to JPS Content License Agreement applicable to your use (“Comps”). If you are not a registered user, your Comp license covers only visibly watermarked Content, and does not entitle you to download Content which does not contain a visible watermark. You may use Comps solely for your internal evaluation and for no longer than sixty (60) days from the date of download solely to determine whether you intend to obtain a non-Comp license for the Content. You may not use a Comp image in any final materials distributed within your company or any materials distributed outside of your company or to the public or in any online or other electronic distribution system. Except for this limited, internal testing and sample use, JPS grants you no other rights, and you may not copy, distribute, publish, display, sublicense, make available, or otherwise use in any way the comp outside the scope of this Agreement. To access images without a visible watermark, you must register for a JPS account.

JPS may immediately terminate any licenses granted to you without notice if you fail to comply with any provision of this agreement or with the JPS Content License Agreement applicable to your use. If a license is terminated, you agree to immediately (i) stop using this Site and the Content and (ii) delete all Content and all copies from all magnetic media and destroy all other copies, or, at JPS’ request, return all such copies to JPS.

Trademarks

You may not use the trademarks or service marks of JPS without JPS’ prior written consent. Other product and company names mentioned on the Site are trademarks of their respective owners.

Indemnification

You agree to indemnify and hold harmless JPS and its Content sources, officers, directors, employees, contractors, subsidiaries, joint ventures, licensors and licensees against all claims (including, without limitation, claims by third parties), liability, damages (including punitive damages), judgments, settlements, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (i) Your breach of any terms, conditions or restrictions of this Agreement, (ii) Your use or modification of any Content, or combination of any Content, with any text or other content, (iii) Your failure to obtain from third parties all permissions necessary to use the Content,; and (iv) any act or failure to act by you or any of your employees, contractors, employers, agents, clients, principals, or users and (v) any claims arising out of Content you supply via the Community Pages.

Disclaimers and Limitation of Liability

JPS PROVIDES YOU WITH THE SITE AND CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. YOU UNDERSTAND AND AGREE THAT THE — — USE OF THE CONTENT IS AT YOUR SOLE RISK.

JPS MAKES NO REPRESENTATIONS WITH RESPECT TO ANY CONTENT, INCLUDING PRODUCTS, SERVICES AND SOFTWARE AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND, EXPRESS AND IMPLIED, REGARDING THE CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE), INCLUDING WITHOUT LIMITATION, ALL REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, AVAILABILITY, EFFECTIVENESS, NON-INFRINGEMENT, SECURITY, PRIVACY, TITLE, — — USEFULNESS, SUITABILITY, QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, JPS MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE) WILL BE SATISFACTORY TO YOUR NEEDS, MEET YOUR EXPECTATIONS, OR BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR FREE FROM ERRORS.

EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER JPS NOR ANY JPS SUBSIDIARY, SUCCESSOR, PREDECESSOR, PARENT, JOINT VENTURE, AFFILIATE, OFFICER, DIRECTOR, EMPLOYEE, CONTRACTOR, CONTENT SOURCE, LICENSOR OR LICENSEE SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH YOU FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, STATUTORY OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO, THIS AGREEMENT, CONTENT OR THIS SITE, AND YOUR RIGHTS UNDER ANY PROVISION OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, YOUR — — USE OR INABILITY TO — — USE THE CONTENT OR THIS SITE, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE.

JPS, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATING TO THE — — USE OF, OR THE INABILITY TO — — USE, THE SITE OR ANY CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE) PROVIDED THEREIN, OR ARISING OUT OF OR RELATING TO THE — — USE OF ANY SITE LINKED HERETO AND/OR EVENTS BEYOND THE REASONABLE CONTROL OF JPS, INCLUDING VIR– — USES, FAILED OR UNDELIVERED MESSAGES, THE CORRUPTION OF DATA, TRANSMISSION ERRORS, INTERNET SERVICE PROVIDERS, LINKS TO AND THIRD PARTY SITES AND THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST OPPORTUNITIES, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGE, EVEN IF JPS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR OF A CLAIM BY ANOTHER PARTY.

ALTHOUGH JPS TAKES PRECAUTIONS TO PROTECT PERSONAL AND CONFIDENTIAL INFORMATION, THERE IS NO GUARANTEE, AND JPS MAKES NO REPRESENTATION OR WARRANTY, THAT PERSONAL AND CONFIDENTIAL INFORMATION TRANSMITTED TO OR FROM OR STORED ON THE SITE, OR TRANSMITTED OVER THE INTERNET GENERALLY, WILL BE MAINTAINED CONFIDENTIAL AND SECURE. JPS ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE RECEIPT, STORAGE, TRANSMISSION OR OTHER — — USE OF PERSONAL OR CONFIDENTIAL INFORMATION PROVIDED BY YOU TO JPS, UNLESS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND JPS.

JPS, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS AND EMPLOYEES CUMULATIVE TOTAL LIABILITY FOR ANY DAMAGE OR LOSS THAT YOU MAY SUFFER FROM ANY CA– — USE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO JPS IMMEDIATELY PRECEDING THE TIME THAT THE DAMAGES OR LOSS FIRST OCCURRED. YOU ACKNOWLEDGE THAT JPS’ PRICING REFLECTS THIS ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY SPECIFIED IN THIS AGREEMENT. IN NO EVENT WILL JPS’ TOTAL MAXIMUM AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM — — USE OF THE SITE EXCEED $500.00.

Third Party Links

As a convenience, our Site may link to other sites that may be of interest to you but are not under JPS’ control. These links do not imply endorsement by JPS and we are not responsible for the availability of or the content contained in any linked site.

Notification of Copyright Infringement

JPS may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, send JPS’ copyright agent a notice containing: (i) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) information sufficient to permit JPS to contact you, such as your physical address, phone number, and email address; (v) a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

JPS’ copyright agent for notice of claims of copyright infringement can be reached at info@janpatrickschmitz.org

Choice of Law / Jurisdiction / Attorneys’ Fees

Any dispute regarding this Agreement shall be governed by the laws of the State of New Jersey and applicable U.S. Federal law, including Title 17 of the U.S. Code, as amended. The parties agree to accept the exclusive jurisdiction of the state and federal courts located in New Jersey, USA, regardless of conflicts of laws. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed. The parties hereto confirm that it is their wish that this Agreement, as well as any other documents relating hereto, including notices, has been and shall be written in the English language In any dispute between JPS and you, JPS shall be entitled to recover its reasonable attorneys’ fees, legal expert fees, and other legal expenses from you.

Miscellaneous

You acknowledge that you have read this Agreement and understand it, and agree to be bound by all its terms and conditions. This Agreement (along with JPS’ Privacy Policy, the terms for the Community Pages (if separately agreed to), and the JPS Content License Agreement, if applicable) constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior and contemporaneous communications. No action of JPS, other than the express or written waiver or amendment, may be construed as a waiver or amendment of this Agreement. This Agreement shall not be modified except by a written agreement signed by duly authorized representatives of JPS, provided that no purchase order or similar document issued by you shall modify this Agreement, even if signed by JPS. If any provision of this Agreement is found invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms. The parties intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such manner as comes closest to the intentions of the parties to this Agreement as is possible. This Agreement will inure to the benefit of and be binding upon the parties, their successors and assigns, except that you may not assign or transfer this Agreement without JPS’ prior written consent.

Community Pages

The Site may contain chat rooms, discussion forums, bulletin boards, review services or other forums in which you or third parties may post Content, messages, materials or other items on the Site (“Community Pages”).

If JPS provides such Community Pages, You are solely responsible for your use of such Community Pages and use them at your own risk. You agree that all the information posted or accessed will be used only for your individual personal purposes. You will not make any other unauthorized use of this Site, or any interactive features available on this Site. You agree that you are responsible for your own use of the Site, for any Content you upload, and for any consequences thereof.

1. Profiles.

JPS may require you to furnish additional information or agree to additional terms before permitting you to access certain features of the Site you agree to access the authorized sections of the Site and your account only by using the account information and password supplied to you by JPS. You acknowledge that your user name may be displayed on the Site in connection with any content you submit.

For use of Community Pages, JPS will enable registered users to create a community profile of themselves, including interests and favorites. Please note that if you delete your profile, all Content you submit (“User Content”), including work and information created by that user may be deleted.

2. Permitted Use of Community Pages.

a. Subject to the terms of this Agreement, you may post User Content consisting of images, tags, keywords, reviews, comments, and other material relating to Content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” Hotlinking to other third party Sites is not permitted.

b. In posting any User Content, you represent and warrant that:

i. you are the sole owner of the User Content and its copyright and/or have the right to grant JPS the rights in the User Content set forth in this agreement;

ii. the User Content is original and does not infringe on or violate or misappropriate the statutory copyright or common law rights of privacy, publicity, or moral rights of any third party;

iii. the User Content is not pornographic or obscene nor does it defame any third party;

iv. the User Content does not contain any illegal material or promote illegal activities; and

v. the User Content does not contain any material that denigrates or attacks any persons based on race, religion, national origin or sexual orientation.

c. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of material or User Content posted or submitted to the Site.

d. JPS reserves the right (but not the obligation) to remove or edit such material, but does not regularly review posted User Content. Tags, keywords, reviews, and comments posted on, and other material or content submitted to or through the Site are public, not private, and while JPS reserves the right (but not the obligation) to screen postings, no posting on or submission to or through Site should be considered approved, reviewed, or endorsed by JPS.

e. JPS may engage a third party/third party web site to host the Community Pages, and that use of such site may require you to agree to that site’s terms and conditions in addition to those set forth herein. Unless stated otherwise in the privacy policy posted on such pages, JPS is not responsible for the practices (including privacy practices) of such site.

f. You agree to abide by the Code of Conduct linked to the Community Pages.

3. Grant of Rights/Indemnity.

a. For clarity, you retain all of your ownership rights in your User Content. However, if you do post or submit any User Content to or through the Site, you grant JPS and its affiliates, licensees, and sub-licensees a nonexclusive, royalty-free, fully assignable and sub-licensable right to use, reproduce, modify, publish, translate, create derivative works from, distribute, and display such User Content on the Site and for JPS’ (and its successors and affiliates’) business, throughout the world in any media formats and you grant each user a non-exclusive license to access your User Content as permitted under these Terms of Use. The license granted by you will terminate in a reasonable time after you remove or delete the User Content from the Site, however JPS may retain, but not display, distribute or perform copies of such User Content for archival purposes.

b. You grant JPS and its affiliates and sub-licensees the right to use your user name, or the name and avatar that you submit in connection with such User Content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post; that the information provided in association with the User Content is accurate; that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity;

c. The Site is not intended to be used as back up drive or asset management system. You are responsible for backing up your data and any User Content you submit to the Site and JPS provides no warranty or guarantee that User Content you have submitted will be available from the Site.

d. JPS takes no responsibility and assumes no liability for any User Content posted by you or any third party on the Community Pages. You understand and agree that for purposes of any Community Pages, JPS is acting only as a Service Provider as defined in 17 U.S.C. § 512 and as an Interactive Computer Service as defined in 47 U.S.C. § 230(f)(2). As such, JPS only operates the pages from which contributors may offer and users may post User Content, information and materials. JPS does not act as an agent for such contributors and does not guarantee the safety, quality or legality of the contributor content or the accuracy of the information provided.

e. Accordingly, you irrevocably waive and unconditionally release and waive any and all claims, demands, damages (actual and consequential) of every kind and nature, known and unknown, you may have or assert against JPS relating to or arising out of any use of User Content or of these Community Pages.

User Acknowledgements

You acknowledge and agree that inherent in the procurement, compiling, collecting, interpreting, reporting, communicating, delivering and inputting digitally of the Content, there will be a degree of error which cannot be avoided even with standards of quality control which exceed industry standards. You further acknowledge that Third Party Content and User Content are provided by third parties and that JPS cannot control such Content.

The following constitute violations of this Agreement and may result in immediate termination or suspension of your account:

  • any use of the Site or any Content for illegal purposes, or in support of illegal activities. JPS reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing;
  • harming, or attempt to harm, minors in any way, including, but not limited to child pornography;
  • transmitting any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property, or that harasses another;
  • making commercial use of any JPS Community Pages, including offering to sell or selling goods or services via the forum,
  • making fraudulent offers to sell or buy products, items, or services (including Content), or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters”;
  • adding, removing or modifying identifying network header information in an effort to deceive or mislead, or attempting to impersonate any person by using forged headers or other identifying information;
  • transmitting any unsolicited commercial or unsolicited bulk e-mail, or malicious intent to impede another person’s use of electronic mail services or news, or forging any message header, in part or whole, of any electronic transmission, originating or passing through the JPS service;
  • accessing, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of JPS’ or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data;
  • transmitting any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software;
  • collecting, or attempt to collect, personal information about third parties without their knowledge or consent in violation of any applicable statute or ordinance;
  • any activity that affects the ability of other people or systems to use JPS Services or the Internet. This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited;
  • any knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it;
  • intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems, or use of software or any device that would facilitate a continued connection, i.e. pinging, while using JPS services;
  • reselling or giving away free access to JPS services or resources.

Restricted Access

You agree that you will not attempt to enter restricted areas of JPS’ computer system or perform functions that you are not authorized to perform pursuant to this Agreement. JPS may, without notice, temporarily or permanently suspend your access to the Site and the Content by deactivating your account or password if JPS reasonably suspects that you are using the account or password to obtain unauthorized access to JPS’ other systems or information, or are using the account or password in any other inappropriate manner. These suspensions will be for a period of time necessary to permit the thorough investigation of such suspended activity. JPS may terminate this Agreement immediately without notice if it is determined that you have undertaken such unauthorized activity or if such unusual activity cannot be reasonably explained.

Termination of this Agreement

This Agreement is effective until terminated by JPS, in its sole and absolute discretion. JPS may terminate this Agreement with or without notice to you and will do so if you use or attempt to use the Site or the Content therein in any manner contrary to the terms of this Agreement. Any such termination by JPS shall be in addition to and without prejudice to such rights and remedies as may be available to JPS, including the suspension or termination of your account or password and injunctive relief enjoining such acts or attempts, it being acknowledged by you that other legal remedies are inadequate. The, Disclaimer of Warranties, Limitation of Liability, Indemnification, Termination and Choice of Law provisions of this Agreement shall survive the termination or expiry of this Agreement.

International Users

The Site is controlled, operated, and administered by JPS from its offices within the United States of America. The Site can be accessed from countries around the world and may contain references to Content, including products and services, that are not available in your country. These references do not imply that JPS intends to market, promote, or distribute such Content, including products and services, in your country. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.

 

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