Last modified: June 3, 2014
Welcome to http://www.jakeowen.net (the “Website”), which is owned and operated by NEED INFO. (the “Company”, “we” “our” or “us”).
The Company may, in its sole discretion, modify or revise these Terms at any time. You agree to review the Terms periodically to be aware of such modifications and that your continued use of the Website shall be deemed to be your conclusive acceptance of any modification of the Terms. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms, and to abide by and comply with the Terms. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.
In order to enlist on to the mailing list of the Company and receive newsletters and updates from the Company (a “Member”), you must sign up on the Website through our online sign up process. In doing so, you agree to: (i) abide by all obligations, terms and conditions set forth in these Terms; and (ii) provide true, accurate, current and complete information about yourself as prompted by the Website’s sign up process. By signing up to become a Member, you acknowledge and agree that we may communicate with you electronically.
The Website will accept only one sign up per person. If we determine that a single person has joined (or attempted to join) more than once, or if we receive multiple sign up applications from a single and/or cluster of e-mail addresses verified to single user, we reserve the right to cancel any and all applicable sign ups by such person. The Company, in its sole absolute discretion, has the right to refuse to not include you on any mailing list of the Company. You must be at least 18 years of age to become a Member. By becoming a Member, you represent and warrant that you are at least 18 years of age.
GENERAL USE OF THE WEBSITE
You agree to respect the rights of others and exercise good judgment in your use of the Website. Use of the Website and sign up as a Member are offered at the discretion of the Company and the Company has the right to modify or discontinue, temporarily or permanently, any part of the Website, in whole or in part for any reason, at its sole discretion, with or without notice to you. You agree that the Company will not be liable to you or any third party for any modifications or discontinuance of any part of the Website.
The Website may include hyperlinks to other websites and may include features powered by third parties. Because we have no control over third-party online services including, without limitation, unaffiliated websites, you acknowledge and agree that we are not responsible for the availability of such online services and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such online services. You also acknowledge and agree that the Company 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 the use of or reliance on any content, advertising, services, products, or other materials on or available from such third party online services. All such third party online services shall be subject to the policies and procedures of the owners thereof.
The Website enables visitors to make donations via credit card. If you elect to make a donation through the Website, you will be asked by us or an authorized third party on our behalf (e.g., Acceptiva) to supply certain information, including without limitation, your full name, email address and credit card information. You agree that you are responsible for all donations made using your credit card, and that we shall not be liable for any loss that results from the unauthorized use of your credit card, either with or without your knowledge.
Except as expressly permitted in these Terms, you may not:
- disable, circumvent, or otherwise interfere with security-related features of the Website, including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website;
- remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notices on the Website;
- harvest or collect any personally identifiable information from the Website, including, without limitation, passwords, user names, or e-mail addresses;
- solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
- use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website for any purpose without the express written permission of Company, frame the Website or any content thereon except to the extent we have given you explicit permission to do so, or use any of our trademarks as meta tags;
- attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;
- use network-monitoring software to determine architecture of or extract usage data from the Website;
- decompile, reverse engineer, disassemble, modify or attempt to discover any Website source or object code or any software or other products, services or processes accessible through any portion of the Website;
- encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity;
- violate applicable laws, including any U.S. export laws; or
You also agree that you will be responsible for obtaining and maintaining all hardware and other equipment needed for access to and use of the Website and you will be responsible for all charges related thereto.
YOUR CONTENT AND CONDUCT
We may allow Members and/or other Website visitors to submit and/or post comments and other content to the Website (“User Content”). By submitting or posting any User Content to the Website, you hereby grant us a perpetual, fully-sublicensable, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such User Content in any form, in all media now known or hereinafter created, anywhere in the world, and for any purpose. In connection with User Content you submit or post via the Website, you affirm, represent, and warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use such User Content in the manner contemplated by the Website and these Terms. You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any User Content that you create, transmit or display while using the Website and for the consequences of your actions (including any loss or damage which we may suffer) by doing so.
You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Website, other products or services, and advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully-paid up, royalty free license to use the feedback you provide to us in any way. You grant to us and our sublicensees a nonexclusive, worldwide, royalty-free license to use all trademarks, trade names, and the names and likenesses of any individuals that appear in the User Content you submit to us. You grant us and our sublicensees the right to use the name that you submit in connection with such User Content.
You agree to abide by all applicable laws in connection with your use of the Website, and not to engage in any activity that burdens or interferes with the normal operation of the Website. You further agree not to submit or post any User Content that: (i) includes any language or other content that, in the Company’s determination, is vulgar, harassing, demeaning, offensive or disparaging with regard to another Website user, Member, a representative of the Company, or any other individual or entity; (ii) infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets, rights of privacy and publicity, (iii) is libelous, defamatory or slanderous, (iv) condones, promotes, contains or links to warez, cracks, hacks or similar utilities or programs, (v) is pornographic, sexually explicit or otherwise inappropriate, (vi) does or may denigrate or offend any ethnic, racial, gender, religious or other protected group, through use of language, images, stereotypical depiction or otherwise, (vii) is designed to or does harass, threaten, defame or abuse others, (viii) exploits minors in a sexual or violent manner, (ix) promotes, condones or encourages illegal activity or (x) is generally offensive or in bad taste.
You agree that all of your User Content, whether publicly posted or privately transmitted, is your sole responsibility. User Content does not necessarily reflect our views or opinions. We shall not be liable to you or any third party in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Website.
We do not review all User Content, nor do we confirm the accuracy or validity of information posted. We do not actively monitor all User Content, nor are we responsible for the content of any postings. We do not vouch for, nor do we warrant the validity, accuracy, completeness, or usefulness of any message or information posted. The contents of the postings do not represent the views of the Company, or any person or entity associated with the Company, or this Website. If you feel that any User Content is objectionable, we encourage you to contact us by email. We will make every effort to remove objectionable content if we deem removal to be warranted and appropriate. Please understand that removal or editing of any posting is a manual process and might not occur immediately.
We reserve the right, but have no obligation, to monitor, disable or remove any User Content at any time, without prior notice and in our sole discretion, that we consider to be in violation of these Terms, or otherwise objectionable for any reason.
The Company expressly reserves the right to immediately modify, suspend or terminate your Member status or privileges (if any) and refuse to send you any newsletters or updates, for any reason, including, without limitation, if: (i) the Company, in its sole discretion, believes you have violated or attempted to violate the Terms; (ii) we become aware of information indicating a safety concern involving you, other users of the Website, or the general public, or (iii) the Company in its sole discretion, believes that you have acted inconsistently with the spirit or letter of the Terms. Upon such suspension or termination, we may immediately remove your name from any mailing list and/or delete all User Content related to you.
All material on the Website, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, or licensed to the Company and is protected by copyright, trademark, and other intellectual property laws. Provided you are in full compliance with these Terms, we grant you a limited license to access and make personal normal use of the Website, but not modify any portion of the Website, except as specifically authorized by us on the Website or otherwise with our express written consent. This license does not include (i) any resale or commercial use of the Website, or the contents of the Website; (ii) any derivative use of the Website and/or its contents; or (iii) any use of data mining, robots, or similar data gathering and extraction services. The Website and/or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without our prior express written consent in each instance.
We respect the intellectual property rights of others, and we ask our users to do the same. We may, in our sole and absolute discretion, terminate the account or user privileges of any Member or other person who we suspect to have violated this Agreement, applicable law, our rights, or the rights of any third party.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by the Company from its facilities in the United States of America. The Company makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Company, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms; (iii) your violation of any applicable law or third party right, including without limitation any copyright, intellectual property, or privacy right; and (iv) any User Content submitted by you. This defense and indemnification obligation will survive these Terms and your use of the Website.
DIGITAL MILLENIUM COPYRIGHT ACT
The Digital Millennium Copyright Act (DMCA) provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials. Under the DMCA, a claim must be sent to the service provider’s Designated Agent. If you believe in good faith that the Company should be notified of a possible online copyright infringement, please notify the Company’s designated agent: Serling Rooks Ferrara McKoy & Worob, LLP, 119 Fifth Avenue, 3rd Floor, New York, New York, 10003. Phone: (212) 245-7300. Fax: (212) 586-5175.
Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. Sec. 512(c)(3)) before sending your notice of claim.
The Website is based in and operated from the United States of America. Information which you send to us by email or which we gather from you when you visit our Website is held and processed in the United States of America. These Terms shall be binding upon and inure to our benefit, and our successors, and assigns. You may not assign these Terms without our prior written consent. These Terms contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. All provisions that should by their nature survive the termination of this Agreement shall survive the expiration of this Agreement. No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. The section titles in the Terms are for convenience only and have no legal or contractual effect. The Terms and the relationship between you and us shall be governed by the laws of the State of Georgia and the United States of America without regard to any conflict of law provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any controversy or claim you initiate that arises out of or relating to the Website and/or these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, with any hearing taking place in Atlanta, Georgia and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
If you have any questions or concerns regarding the Website, please contact us by e-mail at email@example.com or write to us at NEED INFO.