JAY BOXXER - Terms of Service
JAYBOXXER.COM LEGAL DISCLAIMERYou must read and agree to these terms of service before you can proceed. By clicking on the ENTER button, you acknowledge that you both read this agreement in its entirety, and understand and consent to its terms. If you do not agree to all of the terms and conditions set forth in this agreement, or are not over 18 years of age, please exit immediately.TERMS OF SERVICEThis Agreement states the Terms and Conditions upon which you may use this Web Site (the "Site"). Please read this page carefully. By using the Site, you are agreeing to be bound by this Agreement between you and Jay Boxxer Productions LLC (the "Company"), and to abide by the terms and conditions set forth herein. In addition, when using specific services, you agree to abide by any guidelines or rules posted in connection with those services, all of which are hereby incorporated by reference into this Agreement. BILLING AGENTIf you purchase services (including regular and trial subscriptions) from the Site, your payment will be processed securely by GT Bill. Your purchase will be billed as JAY BOXXER. TRIAL SUBSCRIPTIONSIf you decide to cancel your trial subscription, you must do so at least one day prior to the first monthly rebill date referenced at the bottom of your first transaction receipt. If you do not cancel at least one day prior to the end of the Trial Period, you are agreeing to continue as a regular subscriber upon the terms and conditions for regular subscriptions set forth herein, and you authorize the Company or its authorized agent to charge your credit card (or other approved payment facility) at the then-current monthly rate on a recurring basis until you terminate your subscription.RECURRING SUBSCRIPTIONSIf you purchase a recurring subscription, or if you purchase a trial subscription and do not cancel at least one day prior to the end of the Trial Period, you hereby authorize the Company or its authorized agent to charge your credit card (or other approved payment facility) for periodic recurring subscription fees according to the then-current billing terms for the Site. If you cancel your subscription, your termination becomes effective at the end of the current billing period, otherwise your subscription will be automatically renewed for successive periods, and your credit card (or other approved payment facility) will be charged at the then-current subscription rate. Subscription rates are subject to change at any time without notice. You are liable for any subscription charges incurred by you up to and until termination of your subscription to the Site. COPYRIGHTThe contents of the Site are intended for the personal, noncommercial use of its visitors and subscribers. All materials published on the Site (including, but not limited to articles, photographs, images, illustrations, audio clips and video clips) (the "Content") are protected by copyright and other intellectual property laws, and are owned or controlled by the Company, or by the party credited as the provider of the Content, software or other materials. You agree to abide by all additional copyright or other notices, information or restrictions appearing in conjunction with any Content, software or other materials accessed through the Site. TRADEMARKSJayBoxxer.com, Jay Boxxer Productions LLC, and other graphics, logos, and Web Site names appearing on the Site are the trademarks of the Company or its respective content suppliers. These trademarks may not be used in connection with any product or Web site that is not the Company's or its respective content supplier's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company.DISCLAIMER OF WARRANTIESThe Site may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness or timeliness of the Site or about the results to be obtained from using the Site. The use of the Site is at your own risk. Changes are periodically made to the Site and may be made at any time. USER SUBMISSIONSIn general, any communication that you post to the Site is considered to be non-confidential. If particular Web pages permit the submission of communications that will be treated by the Company as confidential, that fact will be stated in Legal Notices on those pages. By posting content in any form to the Site in the COMMUNITY area under the web blogs and forums (including communications), you grant the Company a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such content alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub-licensees. You further agree to execute, at the Company's request, any documents reasonably required by the Company to demonstrate the existence of such license, and in the event that the Company cannot locate you following reasonable efforts, you irrevocably designate the Company your attorney-in-fact to execute such documents on your behalf, which designation shall be deemed coupled with an interest. RULES OF CONDUCTWhen using the Site, you must abide by the Rules of Conduct. Violation of the Rules of Conduct may result in consequences including, but not necessarily limited to, immediate termination of your account and denial of access to the Site.LINKS TO OTHER WEB SITESThe Site may contain links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party Websites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Websites. If you decide to access linked third-party Web sites, you do so at your own risk.SOFTWARE LICENSESSoftware that is made available for downloading from the Site, including but not limited to plug-ins ("Software") is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated Legal Notice accompanying such software ("License Agreement"). The downloading and use of such software is conditioned on your agreement to be bound by the terms of the License Agreement.LIMITATION OF LIABILITYUnless otherwise expressly provided in a Software License or Legal Notice, the Company's aggregate liability to subscribers for all claims arising from the use of the Site (including Software) is limited to $100.00 or the total amount received from you by Company or its agent in subscription payments in the prior three months, whichever is less.INDEMNITYYou agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site (including Software) or your breach of the terms of this Agreement. The Company shall provide notice to you promptly of any such claim, suit or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.EXPORT CONTROLThe United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Content (including Software) to countries or persons prohibited under the export control laws. By downloading the Content (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export or re-export of the Content or the Software.USER INFORMATIONThe Company's use of information that the Company collects about you, including (but not necessarily limited to) information that you provide, is governed by the Company's privacy policy, which is incorporated by this reference as though set forth in full herein.APPLICABLE LAWThis Site is created and controlled in the State of California, USA. As such, the laws of the State of California will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. By using the Site, you agree to submit to the personal jurisdiction of the Superior Court of the State of California, County of Los Angeles, and to waive any objection based on improper venue or inconvenient forum in any proceeding in such tribunals. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination. |
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