JANENATION.COM Web Site Terms of Use
Last revised May 15, 2009
These terms and conditions of use ("Terms of Use") govern your use of the JaneNation.com web site (the “Site”). Compliance with these rules is a condition to your use of JaneNation.com. If you do not agree to be bound by the Terms of Use, promptly exit this Site. Please also consult our Privacy Policy for a description of our privacy practices and policies. If you use the forums / social networking features of our site, your use is also governed by our Social Networking Terms of Use.
1. Ownership Of The Site
All pages within this Site and any material made available for download are the property of Jane Nation, LLC. The Site is protected by United States and international copyright and trademark laws. The Contents of JaneNation.com, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes of authorized or approved by Jane Nation, LLC, including the provision of services or products Jane Nation, LLC, or in connection with a business relationship with Jane Nation, LLC. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of Jane Nation, LLC without our express written consent.
2. Confidential Information
You acknowledge that JaneNation.com and the Content includes information which is confidential and proprietary to Jane Nation, LLC (“Confidential Information”). Confidential Information includes Content or other information marked as “Confidential” or similar label, as well as any other Content or other information which you know or reasonably should know is confidential or proprietary to Jane Nation, LLC. If you are not sure whether Content is Confidential Information, please contact an authorized Jane Nation, LLC employee for clarification, and do not disclose such Content to any third party until you receive such clarification. You agree to keep all such Confidential Information strictly confidential and to not disclose any such Confidential Information to any third party without the advance written consent of Jane Nation, LLC.
3. Accuracy and Integrity of Information
Although Jane Nation, LLC attempts to ensure the integrity and accurateness of JaneNation.com, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of JaneNation.com and Content thereon. It is possible that JaneNation.com could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to JaneNation.com by third parties. In the event that an inaccuracy arises, please inform Jane Nation, LLC so that it can be corrected. Information contained on JaneNation.com may be changed or updated without notice. Additionally, Jane Nation, LLC shall have no responsibility or liability for information or Content posted to JaneNation.com from any non-Jane Nation, LLC affiliated third party.
4. Access to JaneNation.com
In the event access to JaneNation.com or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Jane Nation, LLC. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. Your access to JaneNation.com may be revoked by Jane Nation, LLC at any time with or without cause. You agree to defend, indemnify and hold Jane Nation, LLC harmless from and against all third party claims, damages and expenses (including reasonable attorneys fees) against or incurred by Jane Nation, LLC arising out of your use or access of JaneNation.com, or any breach of these Terms of Use.
5. Submissions / Uploads to JaneNation.com
If you submit or upload any information or files to our site (“Submissions”), you agree not to (1) post or transmit anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) submit or upload anything that violates the copyright or intellectual property rights of any person or entity, (3) post or transmit a virus or any other harmful component, or (4) contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. Jane Nation, LLC shall have the irrevocable license and right to use Submissions for its business purposes. You are responsible for making sure all Submissions that you originate or require are properly backed up so you have ready access thereto in the event of loss, corruption or interruption. You agree to defend, indemnify and hold Jane Nation, LLC harmless from and against all third party claims, damages and expenses (including reasonable attorneys fees) against or incurred by Jane Nation, LLC arising out of any Submissions you post or allow to posted to JaneNation.com.
6. Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Jane Nation, LLC respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to Jane Nation, LLC’s Designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available Through the JaneNation.com Site
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice ("Notice") complying with the following requirements.
1. Identify the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on JaneNation.com where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
- "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
- "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Copyright Agent:
Lisa Beatty
Jane Nation, LLC
5220 Belfort Road
Jacksonville, FL 32256
Phone: 904-281-2500
Email: Lisa@JaneNation.com
Counter Notices
A poster of allegedly infringing material may make a counter notice pursuant to Sections the DMCA. When Jane Nation, LLC receives a counter notice, it may reinstate the material in question. To provide a counter notice to us, please provide the following information to our Designated Copyright Agent.
1. Identification of the material that has been removed or to which access has been disabled on JaneNation.com and the location at which the material appeared before it was removed or access to it was disabled.
2. A statement as follows: "I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled."
3. Your name, address, telephone number and, if available, email address.
4. A statement as follows: “I hereby consent to the jurisdiction in the state or federal courts located in Duval County, Florida, and I will accept service of process from the complaining party who notified us of the alleged infringement or an agent of such person.”
5. Provide your full legal name and your electronic or physical signature.
The Counter Notice should be delivered to the following Designated Copyright Agent of Jane Nation, LLC:
Lisa Beatty
Jane Nation, LLC
5220 Belfort Road
Jacksonville, FL 32256
Phone: 904-281-2500
Email: Lisa@JaneNation.com
7. Disclaimer of Warranties
JANE NATION, LLC DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. JANE NATION, LLC SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE. JANE NATION, LLC DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEB SITES. JANE NATION, LLC DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. YOU AGREE THAT JANE NATION, LLC SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING DIRECTLY OF INDIRECTLY FROM ANY SUCH CODE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND OF THE INTERNET.
8. Limitation of Liability Regarding Use of Site
JANE NATION, LLC AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
9. Links to Other Sites
Jane Nation, LLC makes no representations whatsoever about any other Web site that you may access through this Site. When you access a non-Jane Nation, LLC site, please understand that it is independent from Jane Nation, LLC, and that Jane Nation, LLC has no control over the Content on that Web site. In addition, a hyperlink to a non-Jane Nation, LLC Web site does not mean that Jane Nation, LLC endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
10. Revisions; General
Jane Nation, LLC reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Jane Nation, LLC and you pertaining to the subject matter hereof. In its sole discretion, Jane Nation, LLC may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site. In the event of any dispute or claim relating to JaneNation.com or these Terms of Use, you agree to resolution of such dispute in the state or federal courts located in Jacksonville, Florida, in accordance with Florida law.
Social Networking Terms of Use
By using the JaneNation.com social networking areas, you agree to be bound by these Social Network Terms of Use. Your use of the JaneNation.com site are also governed by our general web site Terms of Use and Privacy Policy.
Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version at www.JaneNation.com/termsofuse.aspx. Jane Nation, LLC (the owner of JaneNation.com) may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the social networking features.
1. Description of Service. The social networking features are a voluntary service provided by Jane Nation, LLC service (the "Service"). You will be responsible for all activities occurring under your username and for keeping your password secure. You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. Jane Nation, LLC disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any other client software. Jane Nation, LLC also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you. You must be at least thirteen (13) years of age to use the Service. Jane Nation, LLC reserves the right to refuse service to anyone at any time without notice for any reason.
2. Legal Liability. When you choose to go public with your opinions, you are legally responsible for your commentary. Individuals can be held personally liable for any commentary deemed to be defamatory, obscene (not swear words, but rather the legal definition of “obscene”), proprietary, or libelous (whether pertaining to Jane Nation, LLC, individuals, or any other company for that matter). For these reasons, you should exercise caution with regards to exaggeration, colorful language, guesswork, obscenity, copyrighted materials, legal conclusions, and derogatory remarks or characterizations. In essence, you post content and communication with others at your own risk. Outside parties actually can pursue legal action against you (not Jane Nation, LLC) for postings and communications.
3. Proper Use. You agree that you are responsible for your own use of the Service, for any posts you make, and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws. Jane Nation, LLC does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via the Service or endorse any opinions expressed via the Service. You acknowledge that any reliance on material posted via the Service will be at your own risk.
4. Privacy. As a condition of using the Service, you agree to the terms of the JaneNation.com Privacy Policy, which may be updated from time to time, as expressed in the most recent version that exists at the time of your use. You agree that Jane Nation, LLC may access or disclose your personal information, including the content of your communications, if Jane Nation, LLC is required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the general JaneNation.com Privacy Policy. Personal information collected by Jane Nation, LLC may be stored and processed in the United States or any other country in which Jane Nation, LLC or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country.
5. General Practices Regarding Use and Storage. You agree that Jane Nation, LLC has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. Jane Nation, LLC retains the right to create limits on use and storage at our sole discretion at any time with or without notice.
6. Content of the Service. Jane Nation, LLC takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does Jane Nation, LLC have any obligation to monitor such third-party content. Jane Nation, LLC reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. Jane Nation, LLC also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Jane Nation, LLC, its users and the public. Jane Nation, LLC will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
7. Proper Use. Please ensure your comments are civil, tasteful and relevant. We're committed to providing an atmosphere in which constructive and mature dialogue takes place.
Therefore:
a. No harassment or offensive posts. Unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive, or otherwise objectionable comments are not acceptable.
b. No spamming or flooding. Do not post the same comment to more than one conversation or more than once.
c. No advertising. We can only accept posts that are your own opinion. We will remove posts where we suspect a vested interest.
d. No foreign languages. Posts containing languages other than English may be removed. Other users should be able to understand your comments and therefore posts with suspected hidden meanings may also be removed.
e. No impersonation. Adopting an inappropriate user name (one that is vulgar, offensive etc) is also unacceptable.
f. Be careful with including email addresses and instant messaging numbers, you may receive a lot of unwanted messages. Please do not include anyone else's personal details. We recommend you set up a new email account specifically and post the address in the form “name at mydomain.com” to avoid automated spamming. We will remove any postal addresses or telephone numbers unless it is publicly available e.g. a ticket line number or event venue.
g. Only include suitable URLs in your recommendation. Links to websites we consider unsuitable will be removed. If you are considering including a URL, please make sure that it adds value and interest to the subject of your recommendation. Unsuitable sites would include those with racist material, pornographic or sexually explicit material, potentially defamatory material, anything which encourages illegal activities, material which infringes copyright, sites which purely plug or promote commercial products or services without containing material which enhances the subject matter, or sites which may offend our users.
8. Your Submission. By submitting, posting or displaying Content on or through the services which are intended to be available to the members of the public, you grant to Jane Nation, LLC a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content on the services and JaneNation.com site for the purpose of displaying and distributing Jane Nation, LLC services. Jane Nation, LLC furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.
9. Representations and Warranties. You represent and warrant that all of the information provided by you is correct and current, and you have all necessary right, power and authority to provide such information and any Content.
10. Termination; Suspension. Jane Nation, LLC may, in its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes.
11. Indemnification. You agree to hold harmless and indemnify Jane Nation, LLC, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Jane Nation, LLC will provide you with written notice of such claim, suit or action.
12. Choice of Law; Jurisdiction; Forum. These Terms of Use will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Duval County, Florida, and you consent to the jurisdiction of such courts.
13. Copyright Information. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. You may not post, distribute, perform, display, transmit or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright or trademark infringement, please contact Lisa Beatty at Jane Nation, LLC with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; (b) a description of the copyrighted work(s) or trademark(s) that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Website; (d) your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the copyright or trademark owner's behalf.