The Service (“Service”) prohibits the use of the Service’s copyrighted editorial content, graphics, video clips and still photographs or any other World Wide Web site owned, operated, licensed or controlled by the Service without the Service’s prior written consent.
All editorial content and graphics on the Service are protected by U.S. copyright and international treaties and may not be copied without the express prior written permission of the Service which reserves all rights, including the right to deny a request for copying the Service’s content. Use of any of the Service’s editorial content and graphics online for any purpose without written permission is strictly prohibited.
The materials from or appearing on the Service are available for limited informational and non-commercial uses offline only, provided that the content and/or graphics are not modified in any way, that all copyright and other notices on any material are retained, and that prior written permission is granted by the Service. Copying or adapting the HTML that the Service creates to generate its pages is strictly prohibited. The HTML code also is covered by the Service’s copyright.
The Service shall be used for lawful purposes only by its users. No material shall be posted on or transmitted by any user which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, or which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. No conduct shall be undertaken by any user that, in Service’s judgment, restricts or inhibits any other user from using or enjoying the Service. Advertising or commercial solicitation may not be posted on or transmitted through the Service unless authorized, in writing, by the Service.
The Service contains content supplied by parties other than the Service. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by such third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of the Service. Neither the Service nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through the Service represents the opinions and judgments of the respective information provider or user, and not of the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Service has no control over such sites and resources, you acknowledge and agree that the Service is not responsible for the availability of such links, external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Each user further acknowledges and agrees that the Service shall not be 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 or through any such site or resource.
Disclaimer of Warranty; Limitation of Liability
(A) EACH USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT HIS OR HER SOLE RISK. NEITHER JMAM, LLC, NOR JOAN RIVERS WORLDWIDE, NOR ANY OF THEIR RESPECTIVE AFFILIATES, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, IF ANY (“COMPANIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICE.
(B)THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE HEREUNDER.
(C)THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS OR MATERIAL, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. EACH USER SPECIFICALLY ACKNOWLEDGES THAT THE SERVICE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH EACH USER.
(D) IN NO EVENT WILL THE SERVICE OR THE COMPANIES OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR OUT OF THE BREACH OF ANY WARRANTY.
(E)THE SERVICE NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE SERVICE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE SERVICE BY ANYONE. UNDER NO CIRCUMSTANCES WILL THE SERVICE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT AND/OR ANY POSTINGS ON THE SERVICE. IT IS THE RESPONSIBILITY OF EACH USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE.
(F) THE SERVICE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED BY A THIRD-PARTY THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN ANY USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, EACH USER SHOULD USE HIS OR HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
(G) EACH USER SPECIFICALLY ACKNOWLEDGES THAT IN NO EVENT WILL THE SERVICE OR THE COMPANIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF (i) THE USE BY SUCH USER OF ANY BROWSER OWNED OR OPERATED BY ANY PARTY AND/OR (ii) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD-PARTY IN CONNECTION WITH THE SERVICE.
The Service shall have the right, but not the obligation, to monitor the content of the Service to determine compliance with this Agreement and any other operating rules established by the Service. The Service shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on the Service. Without limiting the foregoing, the Service shall have the right to remove any material that the Service, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable, or stale. Notwithstanding this right of the Service, users shall remain solely responsible for the content of their messages. Each user acknowledges and agrees that neither the Service nor any third party content provider shall assume or have any liability for any action or inaction by the Service or any third party content provider with respect to any conduct, communication or posting on the Service.
Each user agrees to defend, indemnify, and hold harmless the Service and the Companies, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Service by such user, or as otherwise set forth herein.
Trademarks appearing in or on the Service are registered trademarks of the Service and all rights thereto are reserved. All other trademarks appearing on the Service are the property of their respective owners.
The Service may collect personal information about users. Any personal information (e.g., name, e-mail address, or otherwise) provided by such users may be used by the Service or the Companies as they may determine, without any compensation or consideration to the user.
Further, by a user submitting content to the Service, which may include the user name, photos, text, or otherwise, such user grants the Service and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, access, display, view, store, modify, adapt, publish and/or translate, create derivative works from, distribute, communicate to the public, perform and display such content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any copyright (and all renewals) that may exist in such content. Each user also warrants that he or she waives all such rights (including moral rights) necessary to effectuate the foregoing.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Service and internet, each user agrees to comply with all local rules regarding online conduct and acceptable content. Specifically, each user agrees to comply with all applicable laws regarding the transmittal of technical data exported from the United States or the country in which such user resides.
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