JumpArtist Terms of Service Agreement
Revision date: 2/21/06
THE FOLLOWING DESCRIBES THE TERMS ON WHICH INSIGHT TRAVELER, LLC dba JUMPARTIST OFFERS YOU ACCESS TO OUR WEBSITE, PLATFORM AND SERVICES:
Welcome to JUMPARTIST. JUMPARTIST provides its website, platform and services (together, the "Platform") to you subject to the terms of service set forth in this Terms of Service Agreement (the "Agreement").
We may amend the Agreement at any time or times by posting the amended terms on our website. All amended terms shall automatically be effective to existing users 30 days after they are initially posted on our website, and effective immediately to users registering after amendments are posted. This Agreement is effective for all users of our Platform.
1. Platform
We provide our users with a variety of resources to persons interested in travel. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Platform and acceptable Public Information (as defined in Section 3 ("Your Information")). You also agree to comply with all applicable laws, statutes, ordinances and regulations regarding the transmission of technical data exported from the country in which you reside or in which you are located.
2. Membership
2.1 Eligibility. Our Platform is available to individuals who are at least 18 years of age. Our Platform is not available to temporarily or indefinitely suspended JumpArtist users. By registering to use our Platform, you represent and warrant that you are at least 18 years of age. Also, you acknowledge and agree to comply with the laws of the city, county and country of which are a citizen as well as all laws of the countries in which you travel.
We have the right, in our sole discretion, to suspend or terminate your use of our Platform and refuse any and all current or future use of all or any portion of our Platform.
2.2 Password and Security. When you complete our registration process you will receive a password that will enable you to access our Platform. You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that JumpArtist cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.2.
2.3 Fees and Payments - General. Access to our website and use of selected features of our Platform is free. We may charge fees for various premium features and services that we offer. We may, in our sole discretion, change this policy and begin charging for access to our website and other features and services, and we may, in our sole discretion, add, remove or change the features and services we offer or the fees (including the amount or the type of fees) we charge at any time. If we introduce a new service, we will establish the fees for that service at the launch of the service. If we impose new fees or change the fees for an existing service, such new or revised fees shall automatically be effective thirty (30) days after they are initially posted on our website, as provided above. Once fees and changes become effective, you agree to pay all fees and charges specified and all applicable taxes for the services provided and benefits received. We are not responsible for any charges or expenses you incur resulting from being billed by us in accordance with these Terms of Service (e.g., overdrawn accounts, exceeding account limits, etc.)
2.4 Promotions; Coupon Codes. We may from time to time offer promotions where we may discount or waive certain JumpArtist fee-based products or services. We may offer coupon codes as a mechanism for processing a discount or credit. Coupon codes have no cash value, are not retroactive, and unless specified, are non-transferable and expire within 30 days of date of issue. Additionally, we may ship free JumpArtist promotional materials to an address you specify in order to promote your JumpArtist Group. Offers and promotions are subject to change.
2.5 Risk Free Trial. If you have paid us a fee and if for any reason you are dissatisfied during the first 30 days of your payment of said fee, you may request a refund of your fees. We reserve the right to refuse service to a JumpArtist Group that in our determination is abusing this policy or otherwise acting in bad faith.
3. Your Information
3.1 Definition. "Your Information" is defined as any information post or other material you provide (directly or indirectly) to JumpArtist, including but not limited to information provided through the registration process or through the use of our Platform, in any public message board or through email. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of your Public Information.
3.2 Privacy; Restriction on Use of Your Information. We will treat as private the email address that you provide to us during the registration process or in private correspondence with us. We will not sell, rent or otherwise disclose your email address to any third party.
3.3 Public Information. Any of Your Information that you submit or make available for inclusion on publicly accessible areas of our website is referred to as "Public Information." The "publicly accessible" areas of our website are those areas that are available either to some or all of our members (i.e., not restricted to your viewing only) or to the general public.
You should understand that your Public Information may be accessible by and made public through syndication programs and by search engines, metasearch tools, crawlers, metacrawlers and other similar programs.
3.4 User Obligations; Restrictions on Your Information. In consideration of your use of our Platform, you agree that Your Information:(a) shall not be fraudulent; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation; (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain, pornography, child pornography, or photographs of unclothed person(s); (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; (h) shall not link directly or indirectly to any materials to which you do not have a right to link to or include.
You also agree that when using our “comment” feature you shall be honest and respectful to the businesses and services being reviewed.
In addition, you agree that you will provide us with your valid, current email address, both at the time of your registration with us and from time to time as your email address changes.
3.5 License. We do not claim ownership of Your Information. We will use Your Information only in accordance with our privacy policy. However, to enable us to use your Public Information and to ensure we do not violate any rights you may have in your Public Information, you grant JumpArtist a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise, commercialize and exploit the copyright, publicity, and database rights (but no other rights) you have in your Public Information, in any media now known or not currently known, with respect to your Public Information.
3.6 Consent to Disclosure. You acknowledge and agree that JumpArtist may disclose Your Information (both Public and Private) if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:(a) comply with a current judicial proceeding, a court order or legal process served on us or our website, (b) enforce this Statement or the Terms of Service Agreement, (c) respond to claims that Your Information violates the rights of third parties; or (d) protect the rights, property or personal safety of JumpArtist, its employees, users and the public.
4. Use of Platform
4.1 Control. You, and not JumpArtist, are entirely responsible for all of your Information that you upload, post, email, transmit or otherwise make available via our Platform. We do not control your Information or the Information of or posted by other users and do not guarantee the accuracy, integrity or quality of your Information or the Information of or posted by other users. Nor do we endorse any opinions expressed by you or other users. You understand that by using our Platform, you may be exposed to information that is offensive, indecent or objectionable. We do not have any obligation to monitor, nor do we take responsibility for, your Information, Public Information or information of or posted by other users. You agree that under no circumstances will JumpArtist its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way for any information, including, but not limited to, for any errors or omissions in Your Information or the information of or posted by other users, or for any loss or damage of any kind incurred as a result of the use of Your Information or Information of or posted by other users posted, emailed, transmitted or otherwise made available in connection with our Platform, or for any failure to correct or remove information.
4.2 Grounds for Removal, Sanction and/or Suspension. Notwithstanding any other provision of this Agreement, the following types of actions are cause for immediate repeal and/or suspension of your account:
(a) The use of our Platform to (including, without limitation, eligibility requirements):
(i) harm or intimidate another person in any way, including restricting or inhibiting any other user from using our Platform;
(ii) impersonate any person (including JumpArtist staff and other members), or falsely state or otherwise misrepresent your affiliation with any person, through the use of similar email addresses, nicknames, creation of false account(s) or any other method or device;
(iii) disguise the origin of any Public Information that is transmitted to any third party;
(iv) "stalk" or otherwise harass another;
(v) collect or store personal data about other users;
(b) Posting any Public Information or other material:
(i) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, intimidating, vulgar, obscene, profane, libelous, invasive of another's privacy (including the posting of private emails or contact information about another individual), hateful, or racially, ethically or otherwise objectionable, including any Public Information or other material that may be considered hate speech;
(ii) that is obscene, pornographic or adult in nature;
(iii) that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(iv) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or rights of publicity or privacy;
(v) that is unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (including, but not limited to, "spam," "junk mail," and "chain letters"); or
(vi) that is inappropriate, posted in bad faith, or contrary to the spirit of any JumpArtist Group;
(c) Encouraging others to violate this Agreement;
(d) Refusing to follow JumpArtist staff instruction or direction; or
(e) Violating (intentional or unintentional) this Agreement, or any applicable local, state, national or international law, statute, ordinance or regulation.
(f) Transmitting money to JumpArtist or any third party through financial accounts that are stolen, fraudulent or otherwise unauthorized.
Also, your posting of other inappropriate actions, Information or other materials may also warrant removal and/or suspension from our website. JumpArtist reserves the right to remove any post or other material without warning or further notice.
While we prohibit such conduct and content, you understand and agree that you nonetheless may be exposed to such conduct or content and that you use the Platform and attend JumpArtist Gatherings at your own risk.
For purposes of this Agreement, "posting" includes uploading, posting, emailing, transmitting or otherwise making available. Without limiting the foregoing, JumpArtist and its designees shall have the right to remove any Public Information or other material that violates this Agreement or is otherwise objectionable in its sole and absolute discretion.
4.3 Interference with Platform.
You agree that you will not:
(a) upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(b) interfere with or disrupt our Platform or networks connected to our website or through the use of our Platform, or disobey any requirements, procedures, policies or regulations of networks connected to our website or through the use of our Platform, or otherwise interfere with our Platform in any way, including through the use of JavaScript, active or other coding;
(c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
(d) copy, reproduce, alter, modify, or publicly display any information displayed on our website (except for Your Information), or create derivative works from our website (other than from Your Information), to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of JumpArtist or any other third party, except with the prior written consent of JumpArtist or the appropriate third party.
4.4 General Practices Regarding Use of Platform. You acknowledge and agree that we may establish general practices and limits concerning the use of our Platform. You agree that we have no responsibility or liability for the storage or the deletion of, or the failure to store or delete, any of Your Information. You acknowledge that we reserve the right to log off users who are inactive for an extended period of time. In addition, you acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
5. Meetings at Venues
5.1 JumpArtist User Meetings. Through our Platform we provide tools that may be used to by JumpArtist users to arrange physical meetings with other users or with third parties. We do not supervise these JumpArtist User Meetings and we are not involved in any way with the actions of any individuals at these JumpArtist User Meetings. As a result, we have no control over the identity or actions of the individuals who are present at any meeting that takes place between or among JumpArtist users, and we request that our users exercise caution and good judgment whenever they meet persons through use of the Internet in general or the JumpArtist site in particular.
5.2 Release. Because we do not supervise or control JumpArtist User Meetings or other interactions involving JumpArtist users, and because we are not involved in any way with physical transportation to or from these meetings, or with the actions of any individuals at these JumpArtist User Meetings, and because we do not control Paypal, credit card companies or other payment processing companies, and because we cannot guarantee the true identity, age, nationality of Platform users, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Platform you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and JumpArtist Group Organizers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Platform, your Third Party Transactions, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at, a JumpArtist User Meetings or other interaction with any third party resulting in any way from your use of our web site. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction (including without limitation the states of Missouri, Delaware and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits.
6. Communications; JumpArtist Group Organizer
6.1 Our Communications. You understand and agree that we may send you certain communications, such as JumpArtist announcements, newsletters, service announcements and other administrative messages, and that these communications are considered part of our Platform. You may be able to opt out of certain communications by making appropriate choices in your user preferences found in your personal profile.
6.2 Communications with JumpArtist Group Organizer. The JumpArtist site is designed to allow social networking among users. Some features of the site cannot be used without receiving messages from other users. You understand and agree that you may receive communication from your JumpArtist Group organizer (an "Organizer") in the normal course of utilizing our Platform. By joining a JumpArtist Group, you agree to receive communications from the Organizer, who may communicate with you through our Platform. You may also opt-in to receiving information from other members of your JumpArtist Group. If you are an Organizer, you agree to receive messages from individual members of your JumpArtist Group.
6.3 JumpArtist Group Organizer. You understand that the Organizer of a JumpArtist Group in which you are a member has the right, in his or her sole discretion, to temporarily suspend, indefinitely suspend or terminate your membership in his or her JumpArtist Group, to charge fees in connection with membership in his or her JumpArtist Group, limit or set eligibility requirements for JumpArtist Group Members, and to temporarily or permanently remove any content or information that you have posted in connection with such JumpArtist Group.
6.4 Use of Pop-up Windows. JumpArtist will not launch pop-up windows to advertise third-party products or services.
6.5 Other Users. We do not control the information provided by other users, which is made available through our system. You may find other users' information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using our website. Please note that is a risk that you may be dealing with underage persons or people acting under false pretense.
7. Privacy Policy; Our privacy policy is set out in paragraphs 3.1 through 3.6 and paragraphs 6.1 through 6.5 herein.
8. Links
We may provide, or third parties may provide, links to other websites or resources. Because we have no control over such websites or resources, you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You also acknowledge and agree that JumpArtist 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 such content, goods or services available on or through any such websites or resource.
9. Dealings with Marketing Partners and Third Parties
Your correspondence or business dealings with, or participation in promotions of, marketing partners or other third parties found on our website or through our Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such marketing partner or other third party. You agree that JumpArtist shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such marketing partners or other third parties on our website or located through the use of our Platform.
10. Indemnity
You agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of your representations and warranties or this Agreement or the documents it incorporates by reference, your use of our Platform, Your Information, your violation of any law, statute, ordinance or regulation or the rights of a third party, or your participation as in any JumpArtist User Meetings or in any interaction with any third party arising from your use or our web site.
11. Warranties; Liability
11.1 Disclaimer of Warranties. Your use of our Platform is at your sole risk. Our Platform is provided to you "as is" and on an "as available" basis. We specifically disclaim all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We disclaim any warranties regarding the security, reliability, timeliness, and performance of our Platform. We disclaim any warranties for any information or advice obtained through our Platform. We disclaim any warranties for services or goods received through or advertised on our Platform or received through any links provided by our Platform, as well as for any information or advice received through any links provided through our Platform.
In addition, no advice or information (oral or written) obtained by you from us shall create any warranty.
You understand and agree that you download or otherwise obtain material or data through the use of our Platform at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.
11.2 Limitation of Liability. You agree that in no event shall JumpArtist be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if JumpArtist has been advised of the possibility of such damages), arising out of or in connection with our Platform or this Agreement or the inability to use our Platform (however arising, including negligence), arising out of or in connection with Third Party Transactions or arising out of or in connection with your use of our Platform or transportation to or from JumpArtist Gatherings , attendance at JumpArtist User Meetings, and the actions of you or others at meetings that include one or more JumpArtist users. Our liability to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees, if any, you pay to us in the twelve (12) months prior to the action giving rise to liability, or (b) $100.
11.3 Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or of incidental or consequential damages. Accordingly, some of the limitations in this Section 11 may not apply to you.
12. Dispute Resolution
12.1 Process. The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement including the documents it incorporates by reference, your use of our Platform, Your Information, your violation of any law or the rights of a third party, or your participation in JumpArtist Gatherings (whether the dispute, claim or controversy is due to or arising out of your transportation to or from, attendance at, or the actions of you or other users at JumpArtist Gatherings). In the event that the dispute, claim or controversy is not resolved by these negotiations, the matter will be submitted to a mediator chosen from among the roster of neutrals maintained by the United States District Court for the Northern District of Alabama and if the matter is not resolved through mediation, then it shall be submitted to a person chosen from the roster of neutrals maintained by the United States District Court for the Northern District of Alabama for final and binding arbitration pursuant to Section 12.4. Nonetheless, legal action taken by JumpArtist to collect any fees and/or recover damages for, or obtain an injunction relating to, our website operations, intellectual property or our Platform, shall not be submitted to mediation or arbitration except as otherwise agreed to in writing by JumpArtist. In addition, either you or JumpArtist may seek any interim or preliminary relief from a Court of competent jurisdiction in the Circuit Court of Jefferson County, Alabama, or in the United States District Court for the Northern District of Alabama, necessary to protect the rights or property of you or JumpArtist pending the completion of arbitration. All Users hereby agree not to institute or participate in any Class Actions in which Insight Traveler, LLC is named as a party.
12.2 Negotiation. Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond in writing within fifteen (15) business days with a statement of its position on and recommended solution to the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each party with full settlement authority will meet in person or otherwise at a mutually agreeable time and place within thirty (30) business days of the date of the initial notice in order to exchange relevant information and perspectives, and to attempt to resolve the dispute. Notices shall be sent by mail to:
David R. Donaldson, Attorney
DONALDSON & GUIN, LLC
505 North 20th Street
Suite 1000
Birmingham, AL 35203
205.226.2282 (Telephone)
205.226.2357 (Facsimile)
DavidD@dglawfirm.com
www.donaldsonguin.com
12.3 Mediation. Either party may commence mediation by providing the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate in the selection of a mediator from the panel of neutrals, and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case.
12.4 Arbitration. The parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement that are not resolved by their mutual agreement by negotiation or mediation under Sections 12.2 and 12.3 shall be submitted to final and binding arbitration as provided herein, pursuant to the United States Arbitration Act, 9 U.S.C. Sec. 1 et seq. Either party may commence the arbitration process called for in this Agreement by filing a written demand for arbitration delivered to the other party. The parties agree to cooperate in the selection of an arbitrator as provided herein. In the absence of an agreement, either party may bring suit only in the Circuit Court of Jefferson County, Alabama or in the United States District Court for the Northern District of Alabama and request the Court to chose a single arbitrator from among the panel of neutrals maintained by the United States District Court for the Northern District of Alabama. The parties covenant that they will participate in the arbitration in good faith, and that they will share equally in its costs.
12.5 Enforcement. The provisions of Sections 12.3 and 12.4 may be enforced in the Circuit Court of Jefferson County, Alabama or in the United States District Court for the Northern District of Alabama or in any other venue mutually agreed-upon by the parties.
12.6 Notice; Waiver. By agreeing to this Agreement you have, except as otherwise specified in Section 12.1, all disputes, claims or controversies arising out of or relating to this Agreement decided by negotiation, neutral mediation and/or neutral arbitration as provided in this Section 12, and you are giving up any rights you might possess to have those matters litigated in a court or jury trial. Also, by agreeing to this Agreement you are giving up your judicial rights to discovery and appeal except to the extent that they are specifically provided for under this Agreement. If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under federal or state law. Your agreement to this arbitration provision is voluntary.
12.7 Dispute Resolution. By JumpArtist for the Benefit of Users. We may try to help JumpArtist members resolve disputes. We do so in our sole discretion, and we have no obligation to try to resolve disputes between users. To the extent we attempt to resolve disputes, we will do so in good faith based solely on the general rules and standards of the Platform, and we will not make judgments regarding legal issues or claims.
13. Modifications
We reserve the right at any time or times to modify or discontinue, temporarily or permanently, all or any portion of our Platform with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of our Platform.
14. Termination; Breach
You agree that we, in our sole discretion, may issue a warning, temporarily suspend, indefinitely suspend, remove content or information you have posted, or terminate your account your status as a particular JumpArtist User or your ability to use all or any portion of our Platform, for any reason, including, without limitation, (a) for lack of use, (b) if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the documents or agreements it incorporates by reference, (c) if we are unable to verify or authenticate any information you provide to us, or (d) if we believe that your actions may cause legal liability for you, our users or us. You agree that any termination of your account or access to all or any portion of the Platform under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our Platform. You also agree that we shall not be liable to you or any third party for any termination of your use of or access to all or any portion of the Platform. Termination or suspension of your use of our Platform in violation of Section 3.2 will not result in refunds of membership fees paid, if any, and you will forfeit the remaining period of your paid membership, if any.
15. Trademarks; Copyrights; Proprietary Rights
15.1 JumpArtist's Trademarks. JumpArtist trademarks and service marks, and other JumpArtist logos, products and service names, are trademarks of Insight Traveler, LLC. (the "JumpArtist Trademarks"). Except as otherwise permitted by law, you agree not to display or use in any manner the JumpArtist Trademarks without JumpArtist's prior written consent.
15.2 Copyrights and Trademarks of Others. JumpArtist respects the intellectual property of others, and we ask our users to do the same. To the extent JumpArtist uses a trademark that is the property of a third party, JumpArtist shall provide clear notice to anyone viewing JumpArtist's use of that trademark that (a) JumpArtist does not own the trademark and that the trademark is the property of a third party, (b) JumpArtist has no affiliation, connection or association with that third party, and (c) that third party has not approved or sponsored JumpArtist's use of the trademark in any way. We may, in appropriate circumstances and in our discretion, remove, or disable access to, material that infringes on the rights of others, and terminate access to our Platform to those who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information: 1.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2.a description of the copyrighted work or other intellectual property that you claim has been infringed; 3.a description of where the material that you claim is infringing is located on the site; 4.your address, telephone number, and email address; 5.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6.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 intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our Agent for Notice of claims of copyright or other intellectual property infringement can be reached as provided in Section 12.2 above.
15.3 Proprietary Rights. You acknowledge and agree that our Platform contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You also acknowledge and agree that content contained in sponsor advertisements or information presented to you through our Platform or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as consented to by JumpArtist or advertisers in writing, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on our Platform, in whole or in part.
16. No Resale
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of JumpArtist's Platform, use of the Platform, or access to the Platform for any sales of goods or services, or promotion of a company, good, or service unrelated to the topic or spirit or the JumpArtist Group.
17. Additional Terms
17.1 Notices. Except as otherwise stated, any notice to us shall be given by certified postal mail to JumpArtist Inc., care of David R. Donaldson, Esq., David R. Donaldson, DONALDSON & GUIN, LLC, 505 North 20th Street, Suite 1000, Birmingham, AL 35203 with a copy by email to legal@JumpArtist.com, and any notice to you shall be given to the email address that you provided us during the registration process. Notice shall be considered given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice given by postal mail shall be considered given three (3) days after the date of mailing for mail sent from within the United States and twenty-one (21) days after mailing for mail sent from outside the United States.
17.2 Modification. We may change the terms of this Agreement at any time. Changes are effective after we provide you with at least thirty (30) days notice.
17.3 Entire Agreement. This Agreement constitutes the entire agreement between you and JumpArtist, superseding any prior agreements between you and JumpArtist. To the extent that you have previously registered with JumpArtist and provided Your Information, this Agreement now governs how JumpArtist may use Your Information, whether provided in the past or the future.
17.4 No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and JumpArtist is intended or created by this Agreement.
17.5 Governing Law. This Agreement and the relationship between you and JumpArtist shall be governed by the laws of the State of Alabama without regard to its conflict of laws provisions, as such laws are applied to agreements entered into and to be performed entirely within Alabama between Alabama residents. You and JumpArtist agree to submit to the personal and exclusive jurisdiction of the courts located within Alabama as provided herein.
17.6 Assignment. You agree that this Agreement, all rights herein, and all incorporated agreements may be automatically assigned by JumpArtist, in our sole discretion, to one or more third parties in the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of JumpArtist's assets, or similar transaction .
17.7 No Guaranty. We do not guarantee continuous, uninterrupted or secure access to our Platform, and operation of our website may be interfered with by numerous factors outside of our control.
17.8 No Waiver. JumpArtist's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches.
17.9 Severance. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and JumpArtist nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.
17.10 Survival. Your obligations provided herein shall survive any termination or expiration of this Agreement.
17.11 Limitation. You and JumpArtist each agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of our Platform or this Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.
17.12 Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
18. Disclosures; Violations
The Platform offered under this Agreement is offered by Insight Traveler, LLC. Please report any violations of this Agreement by sending a notice of the violation to JumpArtist’s attorney with a copies by email to JumpArtist and its attorney at the following addresses:
Attorney’s Postal Address:
David R. Donaldson, Attorney
DONALDSON & GUIN, LLC
505 North 20th Street
Suite 1000
Birmingham, AL 35203
Attorney’s Email Address:
DavidD@dglawfirm.com
JumpArtist’s email address:
legal@JumpArtist.com
* * *
By indicating during registration that you have read and agreed to this Agreement, you are agreeing that you have read and understand this Agreement and agree to all of the terms of this Agreement, including Section 12 which provides that, except as otherwise specified in Section 12.1, all disputes, claims or controversies arising out of or relating to this Agreement shall first be dealt with through negotiation and mediation and if the dispute is not resolved shall then be submitted to binding, neutral arbitration.
© 2006 Insight Traveler, LLC.
