WEBSITE USE AGREEMENT
This
Website Use Agreement (Agreement ;) is between you (User) and Jon Bon Jovi Fan
Club Inc. (Company). In consideration of the right to access and use the
Company's Website, www.Backstagejbj.com, (Website), User agrees to the terms and
conditions of use set forth in this Agreement. User's continued use of the
Website indicates User's willingness to be legally bound by the terms and
conditions of this Agreement as set forth below.
1.
Covenant to Read Agreement. User acknowledges that User has read the terms and
conditions of use and accepts the terms thereof. USER AGREES TO READ THESE TERMS
AND CONDITIONS OF USE CAREFULLY BEFORE USING OR SUBSCRIBING TO THE WEBSITE. If
User does not agree to these terms and conditions of use, User may not access or
otherwise use the Website. Company's Control Over Website (a) Company has the
right, but not the obligation, to monitor the use of the Website and its
content and, except as otherwise provided under Section 4, Privacy, may freely
use and disclose any information and materials received from the User or
collected through User's use of the Website for any lawful reason or purpose.
Without limiting the foregoing, Company has the right to remove any material
that Company, in its sole discretion, finds to be in violation of the provisions
hereof or otherwise objectionable.
(b)
Company reserves the right, in its sole discretion, to correct any errors or
omissions in any portion of the Website.
(c)
Company reserves the right at all times to disclose any information as necessary
to satisfy any law, regulation or government request.
(d) The posting of content, profiles or other information on the Website is subject to the prior approval of Company. Company has the right, in its sole discretion, to use and post User's name in connection with any User Information submitted by User. Company reserves the right, in its sole discretion, to edit, refuse to post, or to remove any information or materials, for any reason, including, but not limited to the User Information.
(e) Company reserves the right, at its sole discretion, to change, modify, add
or remove any portion of this Agreement, in whole or in part, at any time.
Notification of changes in the Agreement will be posted on the Website.
Amendments to the Agreement will take effect immediately upon being posted to
the Website, and User's continued use of the Website constitutes User's
acceptance thereof.
(f) Company may change, suspend or discontinue any aspect of the Website at any
time, including, but not limited to, content, database, hours of availability,
and equipment needed for access or use.
(g) Company may also impose limits on certain features and services or restrict
User's access to parts or all of the Website without notice or liability.
Intellectual Property Rights.
(a) The Website is protected by copyright under United States copyright laws,
international conventions, and other copyright laws. The Company's logo,
slogans, and other distinctive designs are protected by the state, national, and
international laws of trademark, trade dress, and unfair competition.
(b) All materials contained within the Website are protected by copyright, and
are owned or controlled by Company or the party credited as the provider
thereof.
User will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Website.
(c) User may download and make copies of the Content and other downloadable
items displayed on the Website for personal, noncommercial use only, provided
that User maintains all copyright and other notices contained in such Content.
Copying or storing of any Content for other than User's personal, noncommercial
use is expressly prohibited without the prior written consent of the Company or
the copyright holder identified in the individual Content's copyright notice.
(d) By posting messages and User Information, uploading files, inputting data or
engaging in any other form of communication to the Website, User hereby grants
to Company a perpetual, world-wide, irrevocable, unrestricted, non-exclusive,
royalty-free license to use, copy, license, sublicense, adapt, distribute,
display, publicly perform, reproduce, transmit, modify, edit, prepare derivative
works based on, and otherwise exploit such Communications, subject to Section 4,
Privacy, in all manners and in all media now known or hereafter developed.
(e) User hereby waives all rights to any claim against the Company for any
alleged or actual infringements of any intellectual property rights, proprietary
rights, rights of privacy and publicity, moral rights, and rights of attribution
in connection with such Communications.
4. Privacy. Use of the Website is subject to the terms of the Privacy Policy
incorporated herein by reference.
(a) that User shall not upload, post or transmit to or distribute or otherwise
publish through the Website any materials which:
(i) restrict or inhibit any other user from using and enjoying the Website,
(ii) are unlawful, threatening, harassing, abusive, libelous, defamatory,
obscene, vulgar, offensive, pornographic, profane, sexually explicit or
indecent,
(iii) constitute or encourage conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate any local, state, national or
international law,
(iv)
violate, plagiarize, or infringe the rights of third parties, including, but not
strictly limited to, copyright, trademark, patent, rights of privacy or
publicity or any other proprietary rights,
(v)
contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other
harmful components that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal
information,
(vi)
contain any information, software or other material of a commercial
nature,
(vii) contain advertising of any kind, or
(viii) constitute or contain false or misleading indications of origin or statements of fact; and,
(b) User further promises not to use any device, software or routine to
interfere or attempt to interfere with the proper working of the Website or any
business being conducted on the Website. User may not take any action which
imposes an unreasonable or disproportionately large load on the Website's
infrastructure (e.g., the sending of mass e-mail or junk mail, known as
(Spamming). User may not disclose to or share User's account number or password
with any third parties (except for a parent or legal guardian) or use the
password for any unauthorized purposes. User shall not link to the Website in
any manner that would bypass the Website's home page. User shall not;
6.
Use's Acknowledgments
(a)
User acknowledges that the Company may use the Communications for any lawful
purpose, subject to the Company's Privacy Policy, User shall not be entitled to
any payment or royalties from Company in the event that Company uses any such
Communications.
(b)
User acknowledges that transmissions to and from this Website are not
confidential and that User's Communications may be read or intercepted by
others.
(c)
User acknowledges that any reliance upon any opinion, advice, statement,
memorandum, information, or other material contained in the Website or any of
its links shall be at User's own risk.
(d)
User is responsible for any and all fees, taxes, and expenses which may be
incurred through the use of this Website or as the result of the purchase of
products/services from within it.
7. Disclaimers
(a)
The Website contains links and pointers to other World Wide Web Internet sites,
resources, and sponsors of the Website. Links to and from the Website to
other third party sites, maintained by third parties, do not constitute an
endorsement by Company or any of its subsidiaries or affiliates of any third
party resources, or their contents.
(b)
The Company does not represent or endorse the accuracy or reliability of any
advice, opinion, or other information displayed or distributed through the
Website.
(c)
Company is not an author or editor of materials posted to the Website by users,
and Company is not responsible for any such materials posted thereby.
(d)
Company disclaims any and all responsibility for content contained in any third
party materials provided through links on the Website.
(e)
Company's sole responsibility and liability for goods and services offered
through the Website, whether offered by the Company or third parties, is to
refund the purchase price.
8.
Disclaimer of Warranty
THIS WEBSITE IS PROVIDED “AS IS”; USER UNDERSTANDS AND EXPRESSLY AGREES THAT THE USE OF THE WEBSITE AND ALL ITS CONTENTS IS AT USER'S SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND /OR DATA.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE COMPANY DISCLAIMS ALL
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, REGARDING THE ACCURACY
OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE, REGARDING ANY
GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE, REGARDING ANY
TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR THAT THE WEBSITE WILL MEET
USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. COMPANY IS
NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, ILLEGAL, TORTIOUS OR INFRINGING
CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR WITH ANY OF
COMPANY'S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
THE SITE THE WEBSITE CONTAINS LINKS AND POINTERS TO OTHER WORLD WIDE WEB
INTERNET SITES, RESOURCES AND SPONSORS OF THE WEB SITE. LINKS TO AND FROM THE
WEBSITE TO OTHER THIRD PARTY SITES, MAINTAINED BY THIRD PARTIES, DO NOT
CONSTITUTE AN ENDORSEMENT BY COMPANY OR ANY OF ITS SUBSIDIARIES OR
AFFILIATES OF ANY THIRD PARTY RESOURCES, OR THEIR CONTENTS.
THROUGH THE WEBSITE OR THAT THE WEBSITE WILL MEET USER'S REQUIREMENTS, BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. COMPANY IS NOT LIABLE FOR ANY
DEFAMATORY, OFFENSIVE, ILLEGAL, TORTIOUS OR INFRINGING CONDUCT OF ANY USER. IF
YOU ARE DISSATISFIED WITH THE SITE OR WITH ANY OF COMPANY'S TERMS OF USE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE THE WEBSITE CONTAINS
LINKS AND POINTERS TO OTHER WORLD WIDE WEB INTERNET SITES, RESOURCES AND
SPONSORS OF THE WEB SITE. LINKS TO AND FROM THE WEBSITE TO OTHER THIRD PARTY
SITES, MAINTAINED BY THIRD PARTIES, DO NOT CONSTITUTE AN ENDORSEMENT BY COMPANY
OR ANY OF ITS SUBSIDIARIES OR AFFILIATES OF ANY THIRD PARTY RESOURCES, OR THEIR
CONTENTS.