Nicole Christine Brende Schmidt and Jan-
1. Introduction and Acceptance
2. Intellectual Property
3. Website Access and Use
1. remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Website Content;
2. circumvent, disable or otherwise interfere with security-
3. use an automatic device (such as a robot or spider) or manual process to copy or “scrape” our Website or Website Content for any purpose without our express written permission. Notwithstanding the foregoing, The JaNic grants public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from our Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. The JaNic reserves the right to revoke this permission (generally or specifically) at any time;
4. collect or harvest any personally identifiable information from our Website including, without limitation, user names, passwords, e-
5. solicit other users of our Website to join or become members of any commercial online service or other organization without our prior written approval;
6. attempt to interfere with the proper working of our Website or impair, overburden, or disable same;
7. decompile, reverse engineer, or disassemble any portion of our Website;
8. use network-
9. encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person's user credentials without permission, etc.);
10. violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
11. engage in any conduct that restricts or inhibits any other user from using or enjoying our Website.
3. You agree to co-
4. User Registration
1. In order to access or use some features of the Website (“Advanced Content”), you will have to become a registered user. If you are under the age of eighteen, then you are not permitted to register as a user or otherwise submit personal information.
2. If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (hereinafter, “Membership”), which may permit you access to certain areas of our Website not available to non-
5. User Content
1. We may now or in the future permit users to post, upload, transmit through, or otherwise make available on our Website (collectively, “submit”) messages, templates, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on our Websites. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
2. You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
3. You represent, warrant, and covenant that you will not submit any User Content that:
1. violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
2. impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
3. encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
4. is an advertisement for goods or services or a solicitation of funds;
5. includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
6. contains a formula, instruction, or advice that could cause harm or injury; or
7. is a chain letter of any kind.
Moreover, any conduct by a user that, in our sole discretion, restricts or inhibits any other user from using or enjoying our Website will not be permitted.
4. By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-
5. By submitting User Content, you also grant us the right, but not the obligation, to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-
6. We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-
7. We have the right, but not the obligation, to monitor User Content. We have the right, in our sole discretion and for any reason whatsoever, to edit, refuse to post, remove, or disable access to any User Content.
6. Website Content & Third Party Links
1. We publish our Website and Website Content in support of commercial and promotional purposes of The JaNic. You may not rely on any information and opinions expressed on any of our Websites for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.
2. In many instances, Website Content will include content posted by a third-
3. If there is a dispute between persons accessing our Website or between persons accessing our Website and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release The JaNic and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind and nature arising out of, relating to, or in any way connected with such dispute.
4. Our Websites may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-
You expressly agree that use of our Website is at your sole risk. Our Website and Website Content are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied. Without limiting the foregoing and to the fullest extent permitted by law, The JaNic and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies disclaim any and all warranties including any: (1) warranties that the Website will meet your requirements; (2) warranties concerning the availability, accuracy, security, usefulness, timeliness, or informational content of the Website; (3) warranties of title, non-
9. Limitation on Liability
3. In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. Our limitations of liability shall apply to the fullest extent permitted by law.
2. If you become a registered user, you may terminate your Membership at any time by making a written request as detailed in Section 18.
11. Copyright Policy
1. The JaNic respects the intellectual property rights of others and expects its users to do the same. In appropriate circumstances and at its sole discretion, we may terminate and/or disable the Membership of users who we suspect have infringed on the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, The JaNic may remove or disable access to material on our Website or hosted on our systems that may be infringing or the subject of infringing activity.
2. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (“Designated Agent”). The JaNic's Designated Agent is:
P.O. Box 602, Houston, Texas, 77056-
ATTN: Legal Department (W3-
3. If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work's copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
12. Choice of Law
13. Dispute Resolution
This section outlines the method by which any disputes that might arise between you and The JaNic (hereinafter, jointly the ”Parties” and each individually a “Party”) shall be resolved.
1. The Parties agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by contacting us at the address provided below. Conversely, we will contact you based on the contact information that you have provided us.
2. Any Party wishing to arbitrate a dispute, agrees to send written notice to the other Party providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. We will send notice to you based on the contact information you have provided us and notice to us must be sent to: The JaNic, P.O. Box 602, Houston, Texas 77056-
3. The FAA applies to this Agreement and arbitration provision. The Parties agree that the FAA's provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
6. The Parties agree not to pursue Arbitration on a class-
7. Each Party is responsible for its respective costs relating to counsel, experts, and witnesses as well as any other costs related to arbitration. The Party raising a dispute and issuing the notice to arbitrate will be responsible for arbitration administrative/filing fees.
14. No Class Actions
To the extent allowed by law, the Parties waive any right to pursue disputes on a class-
15. No Trial By Jury
To the extent allowed by law, the Parties waive any right to trial by jury in any lawsuit, arbitration or other proceeding.
16. Amendment; Additional Terms
All notices, requests, and communications hereunder shall be in writing, and any such notice, request or other communication shall be deemed to have been given or made three (3) business days after being posted by postage prepaid, first-
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