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Jadeworks' Terms and
Condition of Use
PLEASE READ THE
FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE CAREFULLY.
By using this site, you are deemed to have agreed to these terms and
conditions of use. We reserve the right to modify them at any time. You
should check these terms and conditions periodically for changes. By using
this site after we post any changes to these terms and conditions, you agree
to accept those changes, whether or not you have reviewed them. If at any
time you choose not to accept these terms and conditions of use, please do
not use this site.
Scope of Terms and Conditions
These terms and conditions apply to your use of all of the sites and
services owned or operated by Jadeworks Entertainment, Inc., and affiliated
companies, including companies controlled by Jathan Jade (collectively "we,"
"us," or "our"), including JathanJade.com, and any other site that we have
owned or operated, do own and operate or may own or operate in the future
(collectively, the "Sites"). Unless we say otherwise, all references to the
Sites in these terms and conditions include all such sites. These terms and
conditions do not apply to your use of unaffiliated sites to which any of
the Sites only links.
Restrictions on Use of Materials
The contents of our sites are protected by copyright and trademark laws, and
are the property of their owners. Unless we say otherwise, you may access
the materials located within the Sites only for your personal use. This
means you may download one copy of posted materials on a single computer for
personal, noncommercial home use only, so long as you neither change nor
delete any author attribution, trademark, legend or copyright notice. When
you download copyrighted material you do not obtain any ownership rights in
that material.
You may not modify, copy, publish, display, transmit, adapt or in any way
exploit the content of the Sites. Only if you obtain prior written consent
from us — and from all other entities with an interest in the relevant
intellectual property — may you publish, display or commercially exploit any
material from the Sites.
You must abide by all additional copyright notices or other restrictions
contained in any of the Sites.
Links
These terms and conditions apply only to the Sites, and not to the sites of
any other companies or organizations, including those to which any of the
Sites may link. We are not responsible for the availability of any other
site to which any of the Sites links. We do not endorse or take
responsibility for the contents, advertising, products or other materials
made available through any other site. Under no circumstances will we be
held responsible or liable, directly or indirectly, for any loss or damage
that is caused or alleged to have been caused to you in connection with your
use of, or reliance on, any content, goods or services available on any
other site. You should direct any concerns to that site's administrator or
webmaster.
Other sites may link to any of the Sites only through a plain-text link.
Permission must be granted by us for any other type of link to the Sites. To
seek our permission, you may write to Jadeworks Entertainment, Attention:
Online Unit, P.O. Box 301, Cincinnati, OH 45140. We reserve the right,
however, to rescind any permission granted by us to link through a
plain-text link or any other type of link, and to require termination of any
such link to any of the Sites, at our discretion at any time.
Submissions
We welcome your comments about any of the Sites. However, unless a site has
set up a specific submissions policy, we will not review or consider any
unsolicited creative submissions. We hope you will understand that this
policy is intended to avoid the possibility of future misunderstandings in
the event that projects developed by our professional staff might seem to
others to be similar to their own creative work. Accordingly, we must ask
that you not send us any original creative ideas, suggestions or materials.
If, despite our request, you send us any creative idea, suggestion or
material ("Submission"), it shall become our property. No Submission will be
subject to any obligation of confidence by us, and we will not be liable for
any use or disclosure of any Submission. We will exclusively own all known
or later-existing rights to the Submission worldwide, and will be entitled
to the unrestricted use of the Submission for any purpose, without
compensation to the provider of the Submission.
If you are submitting something to a site that has set up a submissions
policy, please consult that site for its specific requirements.
Forums
A "forum" means any message board, chat room, user review forum or other
interactive service appearing on any of the Sites and includes both public
boards and private folders. You must register in accordance with
instructions that you will find on the Sites in order to contribute to any
forum. You may not post on any forum, or send to any other forum user or our
employee, any material that is abusive, vulgar, threatening, harassing,
libelous, defamatory, obscene, invades a person's privacy, violates any
intellectual or other property rights, or that would otherwise violate any
law. You may not use any forum in a commercial manner. You may not post
material that solicits funds, or that advertises or solicits goods or
services. You may not post material known to be false. You may not post
messages that contain stock touts. You may not post or transmit any
information, software or other material that contains a virus or other
harmful component.
We are not responsible for material appearing in any forum on the Sites,
except for material signed by one of our identified representatives. We are
not responsible for screening material posted by users for libel, obscenity,
invasion of privacy, copyright or trademark infringement, accuracy, or for
any other reason. We retain, however, the right to modify or remove messages
or other material that we, in our sole discretion, consider infringing,
offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable.
We also reserve the right to edit materials for any other reason. Whether or
not we modify or remove such material, users remain solely responsible for
the content of their messages or postings.
By posting on the Sites, you grant (or warrant that the owner of such rights
has expressly granted) us and/or relevant affiliated companies the
worldwide, perpetual, nonexclusive right to use your questions, comments,
and postings, in their original or edited form, in television programs,
books, articles, commentaries, or in any other medium now known or later
developed. You also warrant that you own or otherwise control all of the
rights to the content you have posted and that the public posting and use of
such content by us will not infringe the rights of any third party.
Additionally, you warrant that any "moral rights" in posted materials have
been waived.
You are not entitled to any compensation for any materials you may post on
the Sites.
Registration
We may, at our discretion, suspend or terminate the registration of any
forum user or general user who violates any of these terms and conditions of
use, any of the forum member guidelines or for any other behavior that we in
our discretion believe is inappropriate.
Disclaimers
THE SERVICES, PRODUCTS AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS"
AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT
ANY FUNCTIONS CONTAINED IN THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES
THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR
RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We do not endorse, warrant or guarantee any products or services offered on
the Sites. We are not a party to, and do not monitor, any transaction
between users and third party providers of products or services.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE
OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE,
THE MATERIALS ON THE SITES, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO
THE SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE
LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA), SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL
LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE)
EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITES.
No Personal Advice
The information contained in or made available through the Sites (including
but not limited to information contained on message boards, in text files,
or in chats) cannot replace or substitute for the services of trained
professionals in any field, including, but not limited to, financial,
medical, or legal matters. In particular, you should regularly consult a
doctor in all matters relating to physical or mental health, particularly
concerning any symptoms that may require diagnosis or medical attention. We
and our licensors or suppliers make no representations or warranties
concerning any treatment, action, or application of medication or
preparation by any person following the information offered or provided
within or through the Sites. Neither we nor our partners, or any of their
affiliates, will be liable for any direct, indirect, consequential, special,
exemplary or other damages that may result, including but not limited to
economic loss, injury, illness or death.
Parental Permission
Some of the information available on the Sites concerns the topic of sex and
may not be appropriate for children. Further, the Sites are not directed to
children under the age of 13 and we will not knowingly collect personally
identifiable information from children under 13. WE STRONGLY RECOMMEND
THAT PARENTS PARTICIPATE IN THEIR CHILDREN'S EXPLORATION OF THE INTERNET AND
ANY ONLINE SERVICES AND USE THEIR BROWSER'S PARENTAL CONTROLS TO LIMIT THE
AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
We may, at our discretion, require users under 18 to obtain the consent of a
parent or guardian to view certain content, and we may limit access to
certain content to users above a specified age. You agree to abide by any
such restrictions, and not to help anyone avoid these restrictions.
We reserve the right to charge fees, surcharges and/or membership fees for
all or any of its services currently provided for free at any time upon
thirty (30) days' prior written notice to you.
Privacy Policy
We are committed to protecting your privacy and security and have explained
in detail the steps we take to do so. We urge you to read our Privacy
Policy.
Jurisdictional Issues
We control and operate this site from our offices in the United States of
America. We do not represent that materials on the site are appropriate or
available for use in other locations. Persons who choose to access this site
from other locations do so on their own initiative, and are responsible for
compliance with local laws, if and to the extent local laws are applicable.
Miscellaneous
These terms will be governed by and construed in accordance with the laws of
the State of Ohio, without regard to any principles of conflicts of law. You
agree that any action at law or in equity that arises out of or relates to
these terms will be subject to binding arbitration in accordance with the
Ohio Arbitration Association and will be arbitrated in Ohio. If any of these
terms and conditions are found unlawful, void, or for any reason
unenforceable, then that provision will be considered severable from the
remaining terms and conditions, and will not affect the validity and
enforceability of the remaining provisions. This is the entire agreement
between you and us relating to the subject matter it contains. This
agreement may be modified only by our posting of changes to these terms and
conditions, or by a writing signed by both parties.
(Last modified on January 13, 2006.)
Jadeworks' Online Privacy
Policy
We are committed to
protecting the privacy and security of the users of our sites.
This privacy policy will advise you about how we protect your personal
information, and about what choices you have concerning our use of such
information. Please read this policy carefully. We may need to change this
policy from time to time in order to address new issues and reflect changes
on our sites. We will post those changes here so that you will always know
what information we gather, how we might use that information, and whether
we will disclose that information to anyone. Please refer back to this
policy regularly.
If you have any questions or concerns about our privacy policy, please send
an e-mail to: privacy@jathanjade.com
or contact us at Legal Department, Jadeworks Entertainment, P.O. Box 301,
Cincinnati, OH 45140.
Scope of Privacy Policy
This policy applies to your use of all of the sites and services owned or
operated by Jadeworks Entertainment, Inc., and affiliated companies,
including companies controlled by Jathan Jade (collectively "we," "us," or
"our"), including JathanJade.com and any other site that we may own or
operate currently or in the future (collectively, the "Sites"). Unless we
say otherwise, all references to the Sites in this policy include all such
sites. This policy does not apply to your use of unaffiliated sites to which
any of the Sites only link. This policy covers only information collected on
the Sites and does not cover any information collected offline by us.
Personal Identification Information
We may request personal identification information from you (such as your
name, street address, telephone number, credit card number, e-mail address,
and/or any other identifier that permits the physical or online contacting
of you) in connection with your use of, or participation in, membership
registration for JathanJade.com, our contests, sweepstakes, games, surveys,
forums, subscription registrations, content submissions, chats, bulletin
boards, discussion groups, requests for suggestions, visitors' requests for
free products or services or additional information (including via email to
us), and in connection with other activities, services or resources we make
available on any of our sites. In all of these cases, we will collect
personal identification information from you only if you voluntarily submit
such information to us. Except as otherwise provided in this policy, we will
never intentionally disclose any personal identification information about
you as an individual user to any third party without having received your
permission.
If you do provide us with personal information for any of these activities,
we may use it to conduct the activity. We may also use cookie technology
(discussed in detail below) to improve your experience of these activities,
including to remember your preferences, customize the content and
advertisements that you see or authenticate your access to your personal
information. In addition, in the event your personally identifiable
information is requested as part of our surveys or polls, such personally
identifiable information may be added to your registration information).
We may also contact you to confirm your registration and about your
account status (for example, when a child enters a new age group to which
different policies apply), and regarding changes to the Sites' Terms and
Conditions and this Privacy Policy.
If you give us your permission, we may also use personal identification
information for internal or external marketing and promotional purposes. On
occasion, for example, we may send you e-mails to introduce a product or
service that we think might be of interest to the users of our sites. For us
to obtain your permission to send you this information, we will give you an
opportunity to "opt-in" at the time our request for your personal
information is made. If you do "opt-in," you may choose to "opt-out" at any
time, even after you have provided personal information, by following the
procedures set forth below at the end of this Privacy Policy. Please note,
however, that under certain circumstances, if you initially do not choose to
"opt-in," or if you later "opt-out," you may not be eligible for certain
benefits for which a name, e-mail address, telephone number or other
personal identification information is needed.
We have the following exceptions to these policies: We will release specific
information about you or your account to comply with any valid legal inquiry
or process such as a search warrant, subpoena, statute or court order. We
will also release specific information in special cases, such as if there is
an attempted breach of the security of the Sites, or a physical or property
threat to you or others. We may also transfer user information, including
personally identifiable information, in connection with a corporate merger,
consolidation, the sale of related assets or corporate division or other
fundamental corporate change.
Further, the information you enter when making a purchase or an online
donation will be shared with payment processors, financial gateways, and
your credit card company to authorize credit card payments. Such information
may also be shared with necessary third parties solely for the purpose or
carrying out the transactions.
Please note that if you give out personal information online -- for example,
on one of our public forums such as a message board or chat room, folder,
chat IM feature -- that information can be collected and used by third
parties. Although we strive to protect our users' privacy, we cannot
guarantee the security of information you post in these forums. You disclose
such information at your own risk.
You are responsible for maintaining the confidentiality of your information
and password. You shall be responsible for all uses of your registration,
whether or not authorized by you. You agree to immediately notify us of any
unauthorized use of your registration or password.
Non-Personal Identification Information
We collect non-personal identification information through the use of:
"Cookie" technology: A "cookie" is an element of data that a web site can
send to your browser, which may then store it on your system.
"IP address tracking": An IP address is a number that is assigned to your
computer when you are on the Internet. When you request pages from our
Sites, our servers log your IP address.
"Web beacons": A Web beacon, or "clear gif", is a small graphic image on a
webpage or web-based document that a web site can use to determine
information about a user.
Non-personal identification information might include the browser you use,
the type of computer, technical information about your means of connection
to our site-such as the operating systems and the Internet service providers
utilized, and other similar information. Our systems may also automatically
gather information about the areas you visit and search terms you utilize on
our sites and about the links you may select from within our site to other
areas of the World Wide Web or elsewhere online.
We use such information to administer the site and, in the aggregate, to
understand how our users as a group use the services and resources provided
on our sites. This way we know which areas of our sites are favorites of our
users, which areas need improvement, and what technologies are being used so
that we may continually improve our sites.
We may share this aggregate statistical information with our partners,
suppliers and other third parties, but we will not share any individual
names, personal navigational or other personal information. For example, we
may use a third-party advertising company to serve ads when you visit our
Sites. We may share demographic and preference information with this company
to allow them to display appropriate advertisements for you.
Some of our advertisers may display ads on our sites which may use cookie
technology to (i) identify non-personal information about our users (such as
connection speed, browser and country of origin) and (ii) track user
behavior within our sites. Advertisers generally use such information to
customize the display of ads within our sites. We will not permit such
advertisers to collect any personal information from our users within our
sites.
In addition, JathanJade.com may set cookies to collect non-personal
identification information regarding your exposure to certain advertisements
on JathanJade.com and for purposes of soliciting you on a voluntary basis in
research efforts.
Most browsers are set to accept cookies. You can set your browser to refuse
cookies, or to alert you when cookies are being sent. If you do so, please
note that some parts of the Sites, such as message boards, may not function
properly.
Privacy of Children
We understand that young people need special safeguards and privacy
protection. We realize that they may not understand all the provisions of
our policy or be able to make thoughtful decisions about the choices that
are made available to our adult users. We strongly urge all parents to
participate in their children's exploration of the Internet and any online
services, and to teach their children about protecting their personal
information while online.
The Sites are not directed to children under the age of 13. We prohibit
registration by children under the age of 13 for all interactive portions of
the Sites including chats and message boards. We will not knowingly collect
personally identifiable information from children under 13.
We may, at our discretion, require users under 18 to obtain the consent of a
parent or guardian to view certain content, and we may limit access to
certain content to users above a specified age. You agree to abide by any
such restrictions, and not to help anyone avoid these restrictions.
Links To Other Sites
Users will find advertising or other content on our sites that link to the
sites and services of our partners, suppliers, advertisers, sponsors,
licensors and other third parties. We do not control the contents or links
that appear on these sites. In addition, these sites or services, including
their contents and links, may be constantly changing. These sites and
services may have their own privacy policies and customer service policies,
or no policy (policies) at all. We encourage you to review the privacy
policies of any third party sites or services before providing any of them
with your personal information.
Security Policy
Protecting your privacy and your information is a top priority. We have
taken careful measures to secure both your information and our physical
premises. We exercise great care in providing safe transmission of your
information from your PC to our servers (unless sent by a means outside of
our control, such as e-mail).
Access To/Correction of Information
If you would like to review any personal information we have retained about
you in our database, please send us an e-mail request for this information
at privacy@jathanjade.com. To help us address your request, please specify
which information you wish to review. Once you have reviewed this
information, at your request we will correct personal information about you
that you state is erroneous. To request such a correction, please send an
e-mail to privacy@jathanjade.com. You should be aware, however, that it is
not always possible to completely remove or modify information in our
databases and servers although we will always make reasonable efforts to do
so upon your request.
Choice/Opt-Out
If you "opt-in" to receive information from us or others, you can change
your mind later. If at any time you would like to stop receiving such
information or opt-out of a feature, you may go back to JathanJade.com and
change your options. You should be aware, however, that it is not always
possible to completely remove or modify information in our databases and
servers although we will always make reasonable efforts to do so upon your
request.
Consent to Transfer
The Sites are operated in the United States. If you are located in the
European Union or elsewhere outside of the United States, please be aware
that any information you provide to us will be transferred to the United
States. By using our Web Site, participating in any of our services and/or
providing us with your information, you consent to this transfer.
Your Acceptance of These Terms
By using any of the Sites, you signify your acceptance of our Privacy
Policy. If you do not agree to this policy, please do not use our sites.
Your continued use of the Sites following the posting of changes to these
terms will mean that you accept those changes.
(Last modified on January 13, 2006.)
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