Acceptance of Terms
License to Use
Certain content may be provided by third party owners, licensors, creators or suppliers ("Third-Party Content"), which may be the copyrighted and/or trademarked work of the owner, licensor, creator or supplier. You agree to only display the Third-Party Content on your personal computer for your personal use. You acknowledge and agree that you have no right to and shall not download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third-Party Content in any manner unless you have permission from the owner, licensor, creator, or supplier of the Third- Party Content. JAZZMEDIA DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD-PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Links to Third-Party Sites
This Website may provide, or third-parties may provide, links to other websites or resources that are not JazzMedia sites. We have no control over such Websites and resources, and you therefore acknowledge and agree that we are not responsible for the availability of such Websites or resources, nor are we responsible or liable for any of the content, advertising, products or other materials on or available from such Website or resource. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in conjunction with use of or reliance on any such content, advertising, products or other materials on or through any such Website or resource.
By submitting Content to this Website (“Submissions”), you warrant that you own all rights to Content, you acknowledge that you are responsible for the Content, and you agree that the Content will be dedicated to the public domain under the Creative Commons Public Domain Dedication, available at http://creativecommons.org/licenses/publicdomain/. You further agree that you, and not JazzMedia, have full responsibility for all Submissions you make, including its legality, reliability, appropriateness, and trademark and copyright ownership. You further agree that you will not submit any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right, and the burden of determining whether any material is protected by any such right is on you. You agree that you shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make. You represent and warrant that you own all Submissions posted by you on or through this Website or otherwise have the right to submit such Content. You further represent and warrant that by posting your Submissions on or through this Website that you do not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Website. You agree to immediately arrange for the removal of any Submissions for which your rights have expired or have been terminated.
When using this Website or submitting Submissions, you agree not to, without limitation:
- Use this Website for any purpose that is unlawful in your jurisdiction.
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Impersonate or attempt to impersonate another person.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission from the owner.
- Post anything that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', or any other form of such solicitation.
- Advertise to, or solicit, any user to buy or sell any products or services.
- Post any communication or solicitation intended to obtain private information (such as passwords) from any user.
- Use any robot, spider, scraper or other automated means to access this Website, except for accessing RSS feeds.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
JazzMedia respects the intellectual property of others and we ask that you do the same. It is our policy to expeditiously respond to claims of copyright, trademark and other intellectual property infringement. JazzMedia will promptly process and investigate notices of alleged infringement and will take appropriate actions under the applicable intellectual property laws. JazzMedia reserves the right to remove or disable access to any Content, Third-Party Content or Submissions claimed to be infringing or claimed to be the subject of infringing activity. JazzMedia will terminate this license and the account for any account holders who infringe on the intellectual property rights of others. You may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended that you seek the advice of an attorney
The following copyright information is provided for informational purposes only and should not be construed as legal advice. You should contact a licensed attorney should you require legal advice or representation. A copyright is a form of intellectual property protection provided to authors of "original works of authorship," including literary, dramatic, musical, artistic, and other intellectual works. A copyright is typically owned by the creator of the work. Copyrights are registered by the Library of Congress' Copyright Office. The Copyright Act of 1976 affords a copyright owner the exclusive right to:
- reproduce the copyrighted work;
- prepare derivative works;
- distribute copies or phonorecords;
- perform the copyrighted work publicly; and
- display the copyrighted work publicly.
An author or creator need not register the work with the Copyright office to possess common law copyright to a work. A copyright protects the form of expression rather than the subject matter. For example, if we write and post an article, we have the right to prevent others from copying the article, sharing the article with others without permission, giving a presentation from the article, or publicly displaying the article on a website or otherwise. A violation of a copyright owner's rights is known as copyright infringement.
The fact that a work is available on the Internet or somewhere else does not make it available for any use, whether registered or not. Permission may be required to use a copyrighted work that is not in the public domain or subject to fair use. Not only are you prohibited from using all the rights reserved by us in our copyrighted works, but we must take down content uploaded by third parties that infringes upon some else's copyright. If you believe anything hosted on our website infringes your copyright, please follow the Digital Millennium Copyright Act steps below:
Digital Millennium Copyright Act
a. Notice. If you are copyright owner or an agent thereof and believe that any Work or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. ¤ 512(c)(3) for further detail):
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. 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;
iii. 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 the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
v. 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; and
vi. 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.
b. Copyright Agent. Our designated Copyright Agent to receive notifications of claimed infringement is: Lance Raab, c/o Jazz Media, LLC, PO Box 271301, Tampa, FL 33688; contact us. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Limitation of Liability
IN NO EVENT SHALL JAZZMEDIA BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY CONTENT, THIRD-PARTY CONTENT OR SUBMISSIONS TO OR FROM THIS WEBSITE. IN NO EVENT SHALL JAZZMEDIA BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY WITH RESPECT TO THE WEBSITE, OR ANY CONTENT, THIRD-PARTY CONTENT OR SUBMISSIONS FOR ANY DIRECT, INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING LOSS OF REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE), SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), EVEN IF JAZZMEDIA KNOWS THERE IS A POSSIBLITY OF SUCH DAMAGE.
Disclaimer of Warranties
Your use of this Website is at your own risk. You acknowledge that JazzMedia has no control over, and no duty to take any action regarding which users gain access to the Website; what effects the Content, Third-Party Content and Submissions may have on you; how you may interpret or use the Content, Third-Party Content or Submissions; or what actions you may take as a result of having been exposed to the Content, Third-Party Content and Submissions. You acknowledge that the Content, Third-Party Content and Submissions have not been verified or authenticated in whole or in part by JazzMedia, and they may include inaccuracies or typographical or other errors. You release JazzMedia from all liability for you having acquired or not acquired Content, Third-Party Content or Submissions through the Website. The Website may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. JazzMedia makes no representations concerning any Content, Third-Party Content or Submissions contained in or accessed through the Website. JazzMedia will not be responsible or liable for the accuracy, timeliness, errors, omissions, copyright compliance, legality or decency of Content, Third-Party Content, or Submissions contained in or accessed through this Website, whether supplied by JazzMedia or other parties.
JAZZMEDIA MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS WEBSITE, THE SERVICES, ANY CONTENTS, THIRD-PARTY CONTENTS OR SUBMISSIONS, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE CONTENT, THE THIRD-PARTY CONTENT AND THE SUBMISSIONS OF OTHER USERS OF THIS SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE CONTENT, THIRD-PARTY CONTENT, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. JAZZMEDIA DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Local Laws / Export Control
JazzMedia controls and operates this Website from within the United States of America. The Content, Third-Party Content and/or Submissions may not be appropriate or available for use in other locations. If you use this Website outside the United States of America, you are responsible for following applicable local laws.
Governing Law; Venue and Jurisdiction
Entire Agreement, Waiver, Severability