The words “use” or “using” in this Agreement, means any time an individual (a “User”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from THE JOE DIGITAL INC. WEBSITE, transmit, receive or exchange data or communicate with THE JOE DIGITAL INC. WEBSITE, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of THE JOE DIGITAL INC. WEBSITE. This Agreement does not cover your rights or responsibilities with respect to third party content or any web sites or links that may direct your browser or your connection to third party web sites or web pages.
We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on THE JOE DIGITAL INC. WEBSITE and we may also e-mail you about these changes. Once we post them on THE JOE DIGITAL INC. WEBSITE, these changes become effective immediately and if you use THE JOE DIGITAL INC. WEBSITE after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. JOE DIGITAL INC. also reserves the right to change, modify, withdraw, suspend or even permanently discontinue all or any portions of THE JOE DIGITAL INC. WEBSITE at any time, without any liability or obligation to you, with or without notice.
THE JOE DIGITAL INC. WEBSITE AND HYPERLINKS TO THE WEBSITES OF THIRD PARTIES
In order to access some features of THE JOE DIGITAL INC. WEBSITE, you may have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify JOE DIGITAL INC. immediately of any breach of security or unauthorized use of your account. Although JOE DIGITAL INC. will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of JOE DIGITAL INC. or others due to such unauthorized use.
You agree to abide by the “RULES OF CONDUCT” referenced in Section 10 below and not use or launch any automated system, including without limitation, “robots,” ”spiders,” “offline readers,” etc., that accesses THE JOE DIGITAL INC. WEBSITE in a manner that sends more request messages to JOE DIGITAL INC. servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, JOE DIGITAL INC. grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. JOE DIGITAL INC. reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from THE JOE DIGITAL INC. WEBSITE, nor to use the communication systems provided by THE JOE DIGITAL INC. WEBSITE for any commercial solicitation purposes.
INTELLECTUAL PROPERTY RIGHTS
The content on THE JOE DIGITAL INC. WEBSITE, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to JOE DIGITAL INC., subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on THE JOE DIGITAL INC. WEBSITE is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. JOE DIGITAL INC. reserves all rights not expressly granted in and to THE JOE DIGITAL INC. WEBSITE and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of THE JOE DIGITAL INC. WEBSITE or features that prevent or restrict use or copying of any Content or enforce limitations on use of THE JOE DIGITAL INC. WEBSITE or the Content therein.
WEB COMMUNITIES, FORUMS AND POSTINGS
THE JOE DIGITAL INC. WEBSITE may now, or in the future, contain forum services, web communities, and other message and communication facilities (“Communities”) that may provide you and other Users an opportunity to submit, upload, post, display, transmit and/or exchange information, ideas, opinions, information, files, messages, transmissions and Content with other Users and/or with us and these are referred to in this Agreement as a “Post” or “Posting.”
JOE DIGITAL INC. reserves the right at all times, but does not have the obligation, to edit, refuse to post, or to remove any Posting, in whole or part, that JOE DIGITAL INC. deems inappropriate for inclusion in the Communities, for any reason or for no reason. Communities are public and not private and you should assume your Postings may be read by others, with or without your knowledge or permission. Although a particular Community may have a policy of limited membership or access, JOE DIGITAL INC. shall have no liability if unauthorized persons nevertheless obtain access to the Community. Your use of the Communities is at your own risk and you should not disclose or make available your personal information in any Posting or in any Community.
You use the Communities solely at your own risk and JOE DIGITAL INC. neither endorses nor controls User Postings available, delivered or displayed in the Communities and JOE DIGITAL INC. assumes no duty to monitor or endorse Postings within the Communities, nor does JOE DIGITAL INC. represent or guarantee the truthfulness, accuracy or reliability thereof or that any Posting complies with the terms or conditions of this Agreement and you should never rely upon any Posting as being true, accurate or reliable.
You understand, acknowledge and agree that Postings originating from any User ID are the sole responsibility of the individual associated with that User ID. This means that you, and not THE JOE DIGITAL INC. WEBSITE, are entirely responsible for the consequences of all your Postings on the Communities or otherwise on THE JOE DIGITAL INC. WEBSITE. Postings do not reflect the views of JOE DIGITAL INC. or any Affiliates. In no event shall JOE DIGITAL INC. or any Affiliates have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; provided, however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Communities and THE JOE DIGITAL INC. WEBSITE; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your account on THE JOE DIGITAL INC. WEBSITE and/or the Communities.
If a Posting originates from you or your User ID, you hereby agree that:
(a) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorize THE JOE DIGITAL INC. WEBSITE and Affiliates to use such Posting in whole or in part, throughout the universe, and you are automatically granting JOE DIGITAL INC. and Affiliates a royalty-free, perpetual, irrevocable, unrestricted, unconditional, non-exclusive license to use, reproduce, modify, publish, edit, adapt, create derivative works from, translate, distribute, perform, display and otherwise exploit such Posting and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter developed or discovered, and to license and sub-license such rights through multiple tiers of sub-licenses, all without any notification or obligation to you, of compensation, attribution or otherwise;
(b) you represent and warrant that (i) the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortuous, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any law, regulation or other governmental requirement or restriction, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be damaging or injurious to JOE DIGITAL INC., any Affiliates or any User, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting;
(c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant JOE DIGITAL INC. and Affiliates the right to use such Posting as described above; and
(d) we have the right to delete, re-format and/or change your Posting in any manner that we may determine (although you will not be responsible for any such changes made).
The amount of storage space on THE JOE DIGITAL INC. WEBSITE per User is limited and some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or at all or as to any other matter relating to Postings. Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners (“Advertisers”) as a result of or in connection with your use of THE JOE DIGITAL INC. WEBSITE. All such communication, interaction and participation is strictly and solely between you and the Advertiser involved and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
RULES OF CONDUCT
Your use of THE JOE DIGITAL INC. WEBSITE is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your User ID or as a result of your use of the JOE DIGITAL INC. website. You shall not use, allow, or enable others to use THE JOE DIGITAL INC. WEBSITE, or knowingly condone use of THE JOE DIGITAL INC. WEBSITE by others, in any manner that is, attempts to, or is likely to:
be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
affect us adversely or reflect negatively on us, THE JOE DIGITAL INC. WEBSITE, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of THE JOE DIGITAL INC. WEBSITE, or from advertising, linking or becoming a supplier to us in connection with THE JOE DIGITAL INC. WEBSITE;
send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
be used for commercial or business purposes, without the prior written consent of JOE DIGITAL INC., including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;
forge any TCP/IP packet header or part of the header information in any e-mail or newsgroup posting for any reason;
violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise;
gain unauthorized access to THE JOE DIGITAL INC. WEBSITE, other Users’ accounts, names, User IDs, personally identifiable information or other computers, websites or pages, connected or linked to THE JOE DIGITAL INC. WEBSITE or to use THE JOE DIGITAL INC. WEBSITE in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of THE JOE DIGITAL INC. WEBSITE or the rights or use and enjoyment of THE JOE DIGITAL INC. WEBSITE by any other person, firm or enterprise; or
collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of THE JOE DIGITAL INC. WEBSITE, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
TERMINATION OF YOUR ACCOUNT
You may terminate your account and User ID, if any, at any time and for any reason, by sending an e-mail to firstname.lastname@example.org with your Username, password, and e-mail address and requesting termination of your account. We may terminate your use of and account on THE JOE DIGITAL INC. WEBSITE, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
YOU AGREE THAT YOUR USE OF THE JOE DIGITAL INC. WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, JOE DIGITAL INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE JOE DIGITAL INC. WEBSITE AND YOUR USE THEREOF. JOE DIGITAL INC. MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE JOE DIGITAL INC. WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE JOE DIGITAL INC. WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE JOE DIGITAL INC. WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE JOE DIGITAL INC. WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE JOE DIGITAL INC. WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE JOE DIGITAL INC. WEBSITE. JOE DIGITAL INC. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE JOE DIGITAL INC. WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND JOE DIGITAL INC. WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL JOE DIGITAL INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER PERSONS CONSTITUTING A RELEASED PARTY, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE JOE DIGITAL INC. WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT JOE DIGITAL INC. SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY, OR ANY OFFENSIVE MATERIALS OR OFFENSIVE CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE JOE DIGITAL INC. WEBSITE is controlled and offered by JOE DIGITAL INC. from its facilities in the United States of America. JOE DIGITAL INC. makes no representations that THE JOE DIGITAL INC. WEBSITE is appropriate or available for use in other locations. Those who access or use THE JOE DIGITAL INC. WEBSITE from other jurisdictions do so at their own volition and are responsible for compliance with local law.