Last Updated: April 20, 2015
By accessing and using the Sites, you agree to these Terms. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE SITES. We want you to use our Sites, but please understand the Terms are for our protection.
PLEASE NOTE THAT THESE TERMS REQUIRE THAT DISPUTES BE RESOLVED ONLY BY ARBITRATION (AND NOT BY COURT LITIGATION) IN PHOENIX, ARIZONA, WAIVE ANY RIGHT TO JURY TRIAL, AND WAIVE ANY RIGHT TO BRING CLASS ACTIONS AGAINST US. Please review the Governing Law, Arbitration and No Class Actions section of these Terms for complete details.
In some instances, both these Terms and a separate terms of service or guidelines document setting forth additional conditions may apply to a service or product offered via the Sites (“Additional Terms”). The Additional Terms are incorporated by reference into these Terms. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
Table of Contents
- Ownership of Site Materials
- Your License to Use Materials On Our Site
- Information You Submit
- Account Registration
- User Forum Usage Rules
- User Interactions and Disputes
- Ordering Products and Services
- Items Available For Download
- Third Party Links and Content
- Linking Policy
- Copyright Complaints
- Your Warranties
- Disclaimer of Warranties
- Disclaimers/Limitations of Liability
- Termination and Modifications
- Location of Sites and Territorial Restrictions
- Governing Law, Jurisdiction, and No Class Actions
- Updates to Terms
1. Ownership of Site Materials
(a) Materials. We like our Sites and want to protect them. The Sites (including past, present and future versions) and all materials that are included in or are otherwise a part of the Sites, including, without limitation: graphics; layout; text; content; instructions; images; audio; videos; designs; advertising copy; trademarks; logos; domain names; trade names; service marks and trade identities; any and all copyrightable material (including source and object code); the “look and feel” of the Sites; the compilation, assembly and arrangement of the materials of the Sites; and all other materials related to the Sites (collectively, the “Materials”) are owned, controlled or licensed by Just Seconds Apart, its subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties. Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by Just Seconds Apart, no rights (either by implication, estoppel or otherwise) are granted to you. Any and all rights to use any Materials not expressly granted to you under this Terms are hereby reserved for Just Seconds Apart and/or its parent, subsidiaries, affiliates or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way Just Seconds Apart’s rights to exploit fully any or all of the Materials. You agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Materials, or take any action whatsoever in derogation of Just Seconds Apart’s rights therein, or in breach of, any terms and conditions contained in this Terms. You acknowledge and agree that you will not acquire or claim any rights in the Materials, or aid or abet anyone else in doing so.
(b) Copyright/Trademarks. The entire contents of the Sites (including the Materials) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, Just Seconds Apart owns a copyright in the selection, coordination, arrangement and enhancement of the Materials on the Sites. Third-party content providers own the copyright in content that is original to them. Trademarks and service marks on the Sites are the service and trademarks of Just Seconds Apart or affiliated companies. Without Just Seconds Apart’s prior written permission, you shall not display, reproduce, or use, in any manner any such marks; nevertheless, all goodwill associated with any use by you thereof will inure exclusively to Just Seconds Apart or their respective owners. The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Just Seconds Apart, unless and except as is expressly provided in these Terms. Any unauthorized use of the Materials is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Sites.
2. Your License to Use Materials On Our Sites
(b) Prohibitied Activities. You also agree that you will not: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard Internet browser or search engine); (b) fail to follow the instructions provided on the Sites in a “robots.txt” file or similar mechanism (to the extent that you provide standard search engine services to the public); nor will you (c) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way for any public or commercial purpose except as specifically permitted by these Terms or Just Seconds Apart without the prior written consent of Just Seconds Apart. You acknowledge that any unauthorized use of any Materials could cause irreparable harm to Just Seconds Apart and agree that in the event of any such unauthorized use, we shall be entitled to an injunction in addition to any other remedies available at law or in equity.
3. Information You Submit
(a) User Content. The Sites may provide you and others with the opportunity to participate in forums, blogs, message boards and other communication functionality (collectively, “User Forums”) and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Just Seconds Apart or the Sites, including, without limitation, photographs, writings, polls, quizzes, fan fiction, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or other information (collectively, “User Content”). If you are a child under 13, we may impose further rules or restrictions on your ability to submit or post User Content, and you must comply with such rules and restrictions.
(c) License to JUST SECONDS APART for User Content. You grant to Just Seconds Apart the unrestricted, unconditional, non-exclusive, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats; on or through any media, software, formula or medium now known or hereafter developed; and with any technology or devices now known or hereafter developed and to advertise, market and promote the same. You further agree that Just Seconds Apart is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Sites or Just Seconds Apart, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and or services using such User Content; or creating informational articles based on or advertising our products and services, and without compensation of any kind. You further perpetually and irrevocably grant Just Seconds Apart the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation or compensation to you. You also grant to Just Seconds Apart the right to sub-license and authorize others to exercise any of the rights granted to Just Seconds Apart under these Terms; and each such third party will be entitled to benefit from the rights and licenses granted to Just Seconds Apart under these Terms. You further authorize Just Seconds Apart to publish your User Content in a searchable format that may be accessed by users of the Sites and the Internet. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
(d) Just Seconds Apart’s Obligations Regarding User Content. You agree that Just Seconds Apart has no obligation to pre-screen, monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees’ licensed rights to your User Content. You further acknowledge and agree that Just Seconds Apart will not have any obligation to, but may review, monitor, display, accept or exploit any User Content, and /or any areas on the Sites where users transmit or post User Content or communicate with each other, including but not limited to comment sections, advertisement sections, bulletin boards or other user forums. Just Seconds Apart may, in its sole discretion, delete, edit, distribute, move, block access, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice or liability; provided, however, that Just Seconds Apart reserves the right to treat User Content on the Sites, or on certain portions of the Sites, as content stored at the direction of users for which Just Seconds Apart will not exercise editorial control except to enforce the rights of third parties and the content restrictions set forth in our User Forums Rules when notice of such violations are directed to Just Seconds Apart’s attention.
Just Seconds Apart is not in any manner responsible for the User Content. Any opinions, advice, statements, or other information contained in User Content made available on the Site are those of the respective author(s) or distributor(s) and not of Just Seconds Apart. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such User Content.
You acknowledge that by providing you with the ability to view User Content on the Sites, Just Seconds Apart is not undertaking any obligation or liability relating to any such User Content, including without limitation any liability arising under the laws relating to copyrights, trademarks, defamation, privacy or obscenity or any other applicable law. User Content posted may not be maintained on the Sites by us for any period of time, we may delete it at our discretion and you have no right to access or control any User Content that you provide. You agree and understand that Just Seconds Apart is not obligated to use User Content and that you will not receive any consideration or compensation for your User Content or for any exploitation of it.
(e) Your Obligations Regarding User Content. You agree that you must evaluate, and bear all risks associated with, the use of any of User Content, including, but not limited to, any reliance on the accuracy, completeness, or usefulness of User Content. As Just Seconds Apart may not pre-screen User Content, you bear legal responsibility for others’ exposure to any offensive indecent or objectionable content in User Content.
(f) Product Submissions Prohibited. Just Seconds Apart does not accept unsolicited submissions for web sites, products or services. It is our intent to avoid the possibility of future misunderstandings when projects developed by or on behalf of Just Seconds Apart (whether internally or by third parties) might seem to others to be similar to their own creative ideas or materials. Therefore, please do not make any such unsolicited submissions to Just Seconds Apart through the Sites, including through User Forums. However, if you decide to make any such unsolicited submission, you hereby grant to Just Seconds Apart the right and license as if it were User Content as specifically set forth above.
4. Account Registration
Certain areas of the Sites may require registration or may otherwise ask you to provide information to participate in certain features, such as our User Forums, in order to receive newsletters or updates or to access certain Materials or post User Content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Materials or User Content or participate in certain features of the Sites. When you provide information to the Sites, you agree to provide only true, accurate, current and complete information, and you agree to maintain and promptly update your information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof).
If you register on the Sites and/or create a personal profile, you agree to accept responsibility for all activities that occur under your account or password, if any, and you agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the security and confidentiality of your password, if any, and your account, and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the Sites using your name in whole or in part. Just Seconds Apart reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability.
Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware.
5.User Forum and User Content Rules
As a user of the Sites, you agree that these User Forum and User Content Rules (“Rules”) are here to help you understand the conduct that is expected of individuals who participate in User Forums and who provide User Content. Your participation in the User Forums and your provision of User Content is subject to all the Terms, including these Rules. We reserve the right, in our sole discretion, to monitor and screen all User Content submitted to the Sites and may disregard any User Content that, in our sole discretion, violates these Rules or the Terms, or that we otherwise find objectionable. Please follow these Rules as you upload any User Content:
- User Content must be yours. All User Content must be original with you, not copied from someone else’s work, and you must have all rights in the User Content; OR, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the Sites and elsewhere.
- No pictures or images of anyone but you, your friends and family. If you choose to upload photos to the Sites, link to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know – but only with their express permission to submit it, and if that person is a minor in the jurisdiction in which they live, with the express permission of his/her parent or legal guardian. If you are submitting a picture of someone else’s pet, you must have permission of the pet owner to do so.
- You must not impersonate another person or entity.
- Please act appropriately. Express yourself with non-offensive individual self-expression. Be respectful of others opinions and comments so we can continue to build User Forums for everyone to enjoy. If you think your User Content might offend someone or be embarrassing to someone chances are it probably will and it doesn’t belong on the Sites. Cursing, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, religion, gender, sexual preference or physical or mental disability or that are defamatory, slanderous, indecent, obscene, vulgar, offensive, pornographic, sexually explicit, lewd, lascivious, abusive, harmful, threatening, or harassing. You may not invade the privacy of any person, including posting personally identifying or otherwise private or sensitive information about a person without that person’s consent or harvesting personally identifiable information about the Sites’ users. If you discover content that violates these Terms, you may report such abuse by clicking on the "flag as inappropriate" or other buttons to report abuse located throughout the Sites.
- Don't upload third party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any User Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.
- Does your User Content contain music? Your User Content may not contain any music unless the work and performance is original with you and/or you have all rights to the musical work (including any performances). No jingles, sampling or otherwise.
- Do not use the User Forums for commercial purposes. Your User Content may not advertise or promote a product or service, other than a Just Seconds Apart product or service. You may not use your User Content for solicitation or to raise money for anyone, any organization (including charitable organizations), any business or for a pyramid or other multi-tiered marketing scheme.
- Do not contact other users who do not want to be contacted. You may not contact anyone who has asked not to be contacted. You may not make unsolicited contact with anyone for any commercial purpose; among other things, you may not email users of the Sites who have not indicated in writing that it is acceptable to contact them about other services, products or commercial interests.
- Do not upload User Content that is inappropriate or illegal. Your User Content may not promote any illegal activity. Your User Content may not advertise any illegal service or product, or the sale of any items the sale of which is prohibited or restricted by any applicable law. If someone could go to jail for taking action suggested by your User Content, don’t upload or post it. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.
- No violence or cruelty to animals. Your User Content may not promote violence or cruelty to animals or describe how to perform a violent or cruel act.
- Be honest and do not misrepresent yourself or your User Content. Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company.
- Others are watching. We hope that you will use the User Forums to exchange information and content and have discussions with other members. However, please remember that the User Forums is a public forum and User Content that you post on the User Forums will be accessible and viewable by other users. Do not post personal information (e.g., first and last name, password, phone number, address, e-mail address or other personally identifiable information or contact information).
- Don't share other people's personal information. Your User Content may not reveal another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.
- Don't damage the Sites or anyone's computers. User Content may not upload viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Sites or any computer system. You may not gain unauthorized access to any computer system or nonpublic portion of the Sites or interfere with or disrupt the Sites, servers or networks connected to the Sites.
We reserve the right to request at any time proof of the permissions referred to above in the sections starting “User Content must be yours”, “No pictures or images of anyone but you and your friends and family”, “Don’t upload third party materials”, and “Does your User Content contain music?” in a form acceptable to us. Failure to provide such proof may, if requested, lead to the User Content in question being removed from the Sites.