A. You agree to: 1. Provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data"); and 2. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
B. If you provide any information that is untrue, inaccurate, not current or incomplete, or AJPLUS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AJPLUS has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof), in addition to any other remedies available to AJPLUS.
C. You will create a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: 1. Immediately notify AJPLUS of any unauthorized use of your password or account or any other breach of security; and 2. Ensure that you exit from your account at the end of each session. AJPLUS will not be responsible or liable for any loss or damage arising from or in connection with your failure to comply with this requirement.
II. AJPLUS's Intellectual Property Rights and Limited License
III. Copyright and Trademarks
A. The Materials embodied in the Site are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, as between any user and AJPLUS, AJPLUS owns a copyright in the Materials including, without limitation, the selection, coordination, arrangement and enhancement thereof, as well as in the content original to AJPLUS.
B. "AJPLUS", the "AJPLUS logo", as well as other marks that may appear on the Site ("Marks"), are the service and trademarks of AJPLUS. All other trademarks, service marks and logos used on this Site, with or without attribution, are the trademarks, service marks or logos of their respective owners. Without AJPLUS's written permission, you agree not to display or use, in any manner, the Marks. In addition, elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the written permission of AJPLUS.
IV. Links and Other Sites
A. This Site contains links to pages on other sites, and those sites may offer products, services or other resources. Because AJPLUS has no control over such sites and resources, you acknowledge and agree that AJPLUS has no responsibility for the accuracy of information provided by or availability via other sites. Links to external sites do not constitute an endorsement by AJPLUS of the sponsors of such sites or the content, products, advertising or other materials presented on those sites. AJPLUS does not author, edit or monitor these pages or links. You further acknowledge and agree that AJPLUS is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on these other sites or resources.
B. AJPLUS hereby grants you a non-exclusive, limited license, revocable at AJPLUS's discretion, for you to link to AJPLUS's home page from any site you own or control that is not commercially competitive to AJPLUS and does not criticize or otherwise injure AJPLUS, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material. Such a link is not an endorsement of such other site(s) by AJPLUS. All of AJPLUS's rights and remedies are expressly reserved.
V. Infringement Complaints - Digital Millennium Copyright Act Notice
A. AJPLUS respects others' intellectual property rights and has made every effort to secure appropriate clearances for all proprietary intellectual properties that AJPLUS directly makes available on the Site and we ask our users to do the same. AJPLUS may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who it suspects to be infringers. If you believe any material on the Site, either posted by AJPLUS, our users or any other party, is infringing, please contact AJPLUS at the address below. Pursuant to the Digital Millennium Copyright Act, AJPLUS has a designated agent to receive copyright infringement claims.
B. You may notify AJPLUS of alleged intellectual property rights infringement by contacting our designated DMCA Agent at: Address: 118 King Street, San Francisco, CA 94107 email@example.com DO NOT SEND ANY INQUIRIES UNRELATED TO POTENTIAL INFRINGEMENT OF RIGHTS OR OTHER LEGAL MATTERS (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, ETC.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF YOU SEND COMPLAINTS UNRELATED TO LEGAL MATTERS TO THAT CONTACT.
C. If your notification involves infringement of copyright or trademark rights; please include the following information in your notice: 1. Identification of the work(s) claimed to have been infringed and a statement of ownership to such work(s); 2. 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; 3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address at which you may be contacted; 4. 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; 5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and 6. Your physical or electronic signature.
VI. User conduct and submissions
B. AJPLUS does not claim ownership of any communication or material you submit or make available for the Site and you are entirely responsible for everything you upload, post, email or otherwise make available on the Site; provided, however, that by uploading, posting, emailing or otherwise making available any communications or Submitted Material on the Site, and solely in consideration of the possibility of publicity and professional credit, you hereby grant to AJPLUS the non-exclusive, royalty-free perpetual right to: 1. Exhibit, display and otherwise distribute your Submitted Materials or any communications via AJPLUS's web site (the "Internet Rights") 2. Exhibit excerpts of your Submitted Materials via all forms of media throughout the world in perpetuity solely for promotional purposes ("Promotional Rights"); and, 3. If your Submitted Materials embody any audio, visual or audiovisual material, you hereby grant to AJPLUS the non-exclusive, royalty-free perpetual license to exhibit and otherwise distribute that material via all forms of media throughout the world in perpetuity ("Media Rights").
C. You acknowledge that you shall not be entitled to any monetary compensation in exchange for AJPLUS's exercise of the Internet Rights, the Promotional Rights or Media Rights. However, you may revoke such rights in connection with your Submitted Materials at any time by written notice to AJPLUS, following which such rights shall revert to you and AJPLUS shall have no further right to exploit such Submitted Materials. In the event of such revocation AJPLUS shall have a commercially reasonable period of time in which to remove the Submitted Materials from any platform upon which AJPLUS has elected to distribute it. Furthermore, AJPLUS is free to use any ideas, concepts, know-how or techniques contained in any communication or Submitted Material you submit to us for any purpose, at any time, and without any remuneration or obligation to you. Any modification of this Submission policy must be in writing and signed by an authorized AJPLUS signatory. AJPLUS shall have no obligation to post, exhibit, distribute or otherwise make use of any Submitted Materials.
D. With respect to any and all Submitted Material submitted by you, you hereby warrant and represent that such Submitted Material:
VII. Disclaimer of Warranties
A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 1. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. 2. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AJPLUS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. 3. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY SITE-RELATED MATERIALS. IN ADDITION, AJPLUS DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 4. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. UNDER NO CIRCUMSTANCES WILL AJPLUS BE LIABLE IN ANY WAY FOR ANY MATERIAL, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIAL POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SITE. 5. IF YOU FIND ANY MATERIAL ON THE SITE OBJECTIONABLE, DO NOT USE THE SITE.
VIII. Limitation of Liability
A. YOU EXPRESSLY UNDERSTAND AND AGREE TO THE FOLLOWING: 1. THAT UNDER NO CIRCUMSTANCES WILL AJPLUS, ITS PARENT, AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CONTRACTORS, SPONSORS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS, ASSIGNS OR LICENSEES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES (COLLECTIVELY "RELEASED PARTIES") BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE USE OR THE INABILITY TO USE THE SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE MATERIALS AVAILABLE ON THE SITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SITE OR ANY OTHER MATTER RELATING TO THE SITE INFORMATION CONTAINED WITHIN THE SITE, EVEN IF ANY OF THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES. 2. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED MATERIALS IS TO STOP USING THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY AND RELEASE IS MADE WITH THE KNOWING INTENT OF RELEASING ALL KNOWN AND UNKNOWN AJPLUS AND FUTURE CLAIMS AND WITH THE INTENT OF WAIVING ALL RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542 OR OTHER LAWS REQUIRING SIMILAR WAIVERS TO BE KNOWINGLY MADE.
You agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site, and you shall be responsible for all charges related thereto. XI. A Special Note about Children, Children's Privacy and Our Compliance with the Children's Online Privacy Protection Act In compliance with the Children's Online Privacy Protection Act (COPPA), we are a general audience site and do not intend to collect any PII from children under 13 years of age, unless we believe such collection to be permitted by law. Our Site targets an audience that is over the age of 18 and some content may not be appropriate for all ages. Parental supervision is recommended. If you are the parent or guardian of a child under 13 and believe that he or she has disclosed PII to us, please contact us at firstname.lastname@example.org. Upon request, the parent or guardian of a child under 13 may review and request the deletion of such child's PII, as well as refuse to permit the further collection or use of such PII. XII. Distribution limitations and territorial restrictions A. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject AJPLUS to any registration requirement within such jurisdiction or country. B. This Site is controlled and operated by AJPLUS from its offices within the State of California, U.S.A. and, except as specifically provided herein, AJPLUS makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and risk and are responsible for compliance with local laws regarding online conduct and acceptable content, if and to the extent local laws are applicable. C. Use of or access to the Site shall not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of California by AJPLUS. D. Software related to or made available by this Site may be subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods.
XIII. Choice of law and forum selection
XVI. Statute of Limitations
XVII. Entire Agreement; Modification and Termination