-
INTRODUCTION
Welcome to the Internet site of Win-Win Productions, LLC
and JASZone.com.
PLEASE READ THESE TERMS OF USE CAREFULLY By using
any JasZone Site, you signify your
agreement to these terms of use. If you do not agree to
these terms of use, you may not use the JasZone site.
You acknowledge that these terms of use are supported by
reasonable and valuable consideration, the receipt and
adequacy of which are hereby acknowledged. Without
limiting the generality of the foregoing, you
acknowledge that such consideration includes your use of
the JasZone site and receipt of data, materials and
information available at or through the JasZone site,
the possibility of our use or display of your Solicited
Submissions (as defined below in Section 3, entitled
"SUBMISSIONS") and the possibility of the publicity and
promotion from our use or display of your Solicited
Submissions.
-
USE OF CONTENT
All information, materials, functions and other content
(including Submissions, as defined in Section 3,
entitled "SUBMISSIONS") ("Content") contained on
JasZone site are our copyrighted property. All
trademarks, service marks, trade names, and trade dress
are proprietary to us and/or our licensors or licensees.
We may change the JasZone site or delete Content or
features at any time, in any way, for any or no reason.
Except as we specifically agree in writing, no Content
from any JasZone.com site may be used, reproduced,
transmitted, distributed or otherwise exploited in any
way other than as part of the JasZone Site, except that
where JasZone.com is configured to enable the download
of particular Content, you may download one copy of such
Content to a single computer for your personal,
noncommercial home use only, provided that you (a) keep
intact all copyright and other proprietary notices, (b)
make no modifications to the Content, and (c) do not use
the Content in a manner that suggests an association
with any of our products, services or brands. Any
business use, "re-mailing" or high-volume or automated
use of JasZone site is prohibited.
-
SUBMISSIONS
In these terms of use, we use the word "Submissions"
to mean text, messages, ideas, concepts, pitches,
suggestions, stories, screenplays, treatments, formats,
artwork, photographs, drawings, videos, audiovisual
works, musical compositions (including lyrics), sound
recordings, characterizations, your and/or other
persons' names, likenesses, voices, usernames, profiles,
actions, appearances, performances and/or other
biographical information or material, and/or other
similar materials that you submit, post, upload, embed,
display, communicate or otherwise distribute
(collectively, "Distribute") on or through a
Win-Win Productions Site.
There are two types of Submissions: Solicited
Submissions and Unsolicited Submissions. "Solicited
Submissions" means those Submissions (a) that we
expressly request or enable you to provide to us via any
feature or activity on JasZone.com for our review or
display and possible specifically-defined consideration
or compensation (collectively, "Consideration")
(such as prizes or other value in games, sweepstakes,
contests and promotions); and (b) that you Distribute on
or through JasZone.com for which you do not seek
Consideration (such as in our Guest Services and in
Public Forums (as defined below in Section 6, entitled
"PUBLIC FORUMS AND COMMUNICATION")). "Unsolicited
Submissions" are any and all Submissions that do not
fall within subparagraphs (a) or (b) of this paragraph.
-
LICENSES AND REPRESENTATIONS
You hereby grant us a perpetual, non-exclusive,
irrevocable, fully-paid, royalty-free, sub-licensable
and transferable (in whole or part) worldwide license
under all copyrights, trademarks, patents, trade
secrets, privacy and publicity rights and other
intellectual property rights you own or control to use,
reproduce, transmit, display, exhibit, distribute,
index, comment on, modify for any and all purposes
including entertainment, news, advertising, promotional,
marketing, publicity, trade or commercial purposes, all
without further notice to you, with or without
attribution, and without the requirement of any
permission from or payment to you or to any other person
or entity (the "Submissions License").
-
PUBLIC FORUMS AND COMMUNICATION
"Public Forum" means an area, site or feature
offered as part of JasZone.com that offers the
opportunity for users to Distribute Submissions for
viewing by one or more JasZone.com users, including a
chat area, message board, instant messaging, mobile
messaging, social community environment, profile page,
conversation page, blog, e-mail function (including
electronic greeting cards and send-a-friend e-mails).
You acknowledge that Public Forums and features offered
therein are for public and not private communications,
and you have no expectation of privacy with regard to
any Submission to a public Forum. We cannot guarantee
the security of any information you disclose through any
of these media; you make such disclosures at your own
risk.
Also, you should be skeptical about information provided
by others, and you acknowledge that the use of any
Submission posted in any Public Forum is at your own
risk. For example, we are not responsible for, and we do
not endorse, the opinions, advice or recommendations
posted or sent by users in any Public Forum and we
specifically disclaim any and all liability in
connection therewith.
We owe you no obligation, and therefore may refuse, to
post, deliver, remove, modify or otherwise use or take
any action with respect to Submissions you Distribute.
-
RULES OF CONDUCT
The following Rules of Conduct apply to the JasZone
site. By using the JasZone site, you agree that you will
not Distribute any Submission that:
-
(a) is defamatory, abusive, harassing,
threatening, or an invasion of a right of
privacy of another person; (b) is bigoted,
hateful, or racially or otherwise offensive; (c)
is violent, vulgar, obscene, pornographic or
otherwise sexually explicit; or (d) otherwise
harms or can reasonably be expected to harm any
person or entity;
-
is illegal or encourages or advocates illegal
activity or the discussion of illegal activities
with the intent to commit them, including a
Submission that is, or represents an attempt to
engage in, child pornography, stalking, sexual
assault, fraud, trafficking in obscene or stolen
material, drug dealing and/or drug abuse,
harassment, theft, or conspiracy to commit any
criminal activity;
-
infringes or violates any right of a third party
including: (a) copyright, patent, trademark,
trade secret or other proprietary or contractual
rights; (b) right of privacy (specifically, you
must not distribute another person's personal
information of any kind without their express
permission) or publicity; or (c) any
confidentiality obligation;
-
is commercial, business-related or advertises or
offers to sell any products, services or
otherwise (whether or not for profit), or
solicits others (including solicitations for
contributions or donations);
-
contains a virus or other harmful component, or
otherwise tampers with, impairs or damages the
JasZone site or any connected network, or
otherwise interferes with any person or entity's
use or enjoyment of the JasZone site; or
-
(a) does not generally pertain to the designated
topic or theme of the relevant Public Forum; (b)
violates any specific restrictions applicable to
a Public Forum, including its age restrictions
and procedures; or (c) is antisocial,
disruptive, or destructive, including "flaming,"
"spamming," "flooding," "trolling," and
"griefing" as those terms are commonly
understood and used on the Internet.
We cannot and do not assure that other users are or will
be complying with the foregoing Rules of Conduct or any
other provisions of these terms of use, and, as between
you and us, you hereby assume all risk of harm or injury
resulting from any such lack of compliance.
-
COOPERATION; REMOVAL OF SUBMISSIONS
We reserve the right, but disclaim any obligation or
responsibility, to (a) refuse to post or communicate or
remove any Submission from JasZone.com that violates
these terms of use (including the Rules of Conduct) and
(b) identify any user to third parties, and/or disclose
to third parties any Submission or personally
identifiable information, when we believe in good faith
that such identification or disclosure will either (i)
facilitate compliance with laws, including, for example,
compliance with a court order or subpoena, or (ii) help
to enforce these terms of use (including the Rules of
Conduct) and/or our contest, sweepstakes, promotions,
and game rules, and/or protect the safety or security of
any person or property, including any WDIG Site.
Moreover, we retain all rights to remove Submissions at
any time for any reason or no reason whatsoever.
-
CONTENT ACCESSIBLE THROUGH LINKS FROM JASZONE SITE
AND SEARCH RESULTS
You should be aware that when you are on a Win-Win
Productions Site, there are links to other sites that
take you outside of our service to sites that are beyond
our control, such as banner advertisements and links
from advertisers, sponsors and content partners that may
use our logo(s) as part of a co-branding relationship.
You acknowledge that when you click on any of the
aforementioned links, the sites you are taken to are not
controlled by us; different terms of use and privacy
policy may apply, and we are not responsible for such
sites. We do not endorse and cannot ensure that you will
be satisfied with any products or services that you
purchase from a third-party site that links to or from
JasZone.com or third-party Content contained on our
sites. We strongly encourage you to make whatever
investigation you feel necessary or appropriate before
proceeding with any online or offline transaction with
any third parties.
Nor can we be held responsible for the accuracy,
relevance, legality or decency of material contained on
sites retrieved in searches and/or listed in search
results or identified on search results pages.
-
DISCLAIMERS
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO
JASZONE SITE OR ANY THIRD PARTY SITES OR SERVICES LINKED
TO FROM JASZONE.COM IS PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY,
COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT
THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO
WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED,
OR THAT ANY JASZONE.COM OR THE SERVERS THAT MAKE SUCH
CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR
THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY
IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO
CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES
(INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
The content of JasZone site are intended for educational
and entertainment purposes only. Such content is not
intended to, and do not, constitute legal, professional,
medical or healthcare advice or diagnosis, and may not
be used for such purposes. Always seek the advice of
your physician or other qualified health provider with
any questions you may have regarding a medical
condition. You should not act or refrain from acting on
the basis of any content included in, or accessible
through, the JasZone site without seeking the
appropriate legal or other professional advice on the
particular facts and circumstances at issue from a
lawyer or professional licensed in the recipient's
state, country or other appropriate licensing
jurisdiction.
-
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE,
OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING
ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE
PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER
PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS,
PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF
ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF,
OR THE INABILITY TO USE, ANY JASZONE.COM OR CONTENT, OR
(B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE,
OF ANY USER OF A JASZONE.COM OR ANY OTHER PERSON OR
ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION
WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100
(WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN
ANY ACTIVITY RELATED TO ANY JASZONE SITE. MOREOVER,
UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR
LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE
RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS,
BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE
RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE
MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE
CONTROL.
WE MAY TERMINATE YOUR FURTHER ACCESS TO JASZONE SITE OR
CHANGE THE JASZONE SITE OR DELETE CONTENT OR FEATURES IN
ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS
SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
|