Legal Information and Terms of Use for JimHillMedia.com
JimHillMedia.com ("Web Site") is a privately owned and operated web site.
The terms "Jim Hill Media", "JimHillMedia.com", "we", "us", "our" and "ours"
when used in these Terms of Use means JimHillMedia.com which includes any
parents, subsidiaries, divisions, branches, affiliates or companies under
common ownership or control of JimHillMedia.com.
The terms "you", "your" and "yours" when used in these Terms of Use means any
user of this Web Site.
Access to and use of this Web Site and the information, materials, products and
services available through this Web Site are subject to all applicable laws and
regulations and to these Terms of Use.
By accessing this Web Site, you agree to these Terms of Use which form a legally
binding agreement. If you do not agree, please exit this Web Site.
These Terms of Use may be changed by us from time to time without specific
notice to you. The latest Terms of Use will be posted on the Web Site, and you
should always review these Terms of Use prior to using the Web Site to ensure
that you have a current understanding of the Terms of Use under which you are
permitted to access this Web Site. If you cannot access the Terms of Use via
the Internet, we can provide a copy of the most recent Terms of Use by e-mail
upon request.
ACCESS TO THIS WEB SITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION,
MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEB SITE (OR PORTIONS
THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES
APPLICABLE LAWS OR REGULATIONS.
This site contains entertainment industry related information compiled by this
Web Site as well as links to external sites that are not affiliated with the
Web Site in any way. The information compiled by the Web Site as well as the
links to external sites are provided "as is" with no warranty, express or
implied, for their accuracy or reliability. You use this site at your own risk,
and acknowledge that, while every effort has been made to correct errors before
they appear, this site may include certain inaccuracies, errors, or omissions.
The Web Site makes no representations as to the suitability, reliability,
availability, timeliness, and accuracy of the information on this site for any
purpose.
Furthermore, your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through this site, 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 advertiser. This Web Site expressly disclaims any responsibility
or liability 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 advertisers on this
site.
The Web Site shall not be held 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
(whether or not this Web Site has been notified of the possibility of such
damages).
The Web Site expressly disclaims all warranties of any kind, whether express or
implied, including, but not limited to the implied warranties of
merchantability, fitness for a particular purpose and non-infringement to the
full extent allowed under the law. Furthermore, no advice or information,
whether oral or written, obtained by you from the Web Site shall create any
warranty. Depending on the state or jurisdiction where you reside, some of the
exclusions or limitations of liability for consequential or incidental damages
listed above may not apply to you.
Any material downloaded or otherwise obtained from or made available on the site
is done at your own discretion and risk. The Web Site expressly disclaims any
responsibility for damage to your computer system or loss of data that results
from the download of any such material.
All trademarks, product names, company names, logos, service marks and/or trade
dress mentioned, displayed, cited or otherwise indicated on the Web Site are
the property of their respective owners.
Use of any copyrighted images is not authorized without the consent of the
copyright holder.
It is our policy to make every effort to respect the copyrights of outside
parties. If you believe that your copyright has been misused, please provide us
with a detailed message stating your position and we will endeavor to correct
any misuse.
This Web Site may contain links and/or advertisements to other web sites
maintained by us in addition to links to web sites maintained by unrelated
companies and persons. An advertisement of, or link to, a non-JimHillMedia.com
web site does not mean that this Web Site approves, endorses or accepts any
responsibility for that web site, its content or use, or the use of products
and services made available through such web site.
We are not responsible for the actions, content, accuracy, opinions expressed,
privacy policies, products or services provided through these links or made
available through these resources or appearing in such web sites, nor for any
damages or losses, directly or indirectly, caused or alleged to have been
caused as a result of your use or reliance on such web sites.
Such web sites are not investigated, monitored or checked for accuracy,
completeness or conformance with applicable laws and regulations by us. We do
not make any representations whatsoever, or give any warranties of any kind,
expressed, implied, or otherwise about other web sites which you may access
through this Web Site, the content thereof, or the products and/or services
made available through such web sites. If you decide to leave our Web Site and
access these other web sites, you do so at your own risk. All rules, policies
(including privacy policies) and operating procedures of such web sites will
apply to you while on such web sites.
Any web site may link to us. However, it is requested that any link made be to
the initial start page of www.JimHillMedia.com. Persons providing access to
this Web Site via link from another web site are solely responsible for the
content, accuracy, opinions expressed, privacy policies, products or services
of, or available through, the source web site and for any representations made
or impressions created concerning JimHillMedia.com.
Authorization by us to link to this Web Site is given without assumption of any
liability by us relating to such links, and we hereby disclaim any such
liability. We reserve the right to withdraw any authorization to link to this
Web Site at any time and for any reason.
Anyone providing access to, or information relating to this Web Site, whether by
link or otherwise, is responsible for bringing these Terms of Use to the
attention of the person receiving such access or information. Failure to do so
will not result in liability for us.
This Web Site is a business and commercial site. As such, it is not intended for
children or minors.
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the
person from which the Content originated. You, and not this Web Site, are
entirely responsible for all Content that you upload, post, email or otherwise
transmit via the Web Site. This Web Site does not pre-screen Content, though
the Web Site and its designees have the right but not the obligation, in their
sole discretion, to deny, move, or remove any Content available via the Web
Site. This Web Site does not, and will not, guarantee the accuracy, integrity,
or quality of such Content. You understand that by choosing to use the Web
Site, you may be exposed to Content that is offensive, indecent, or
objectionable. Under no circumstances will this Web Site be liable in any way,
shape, or form, for any Content, including, but not limited to, 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, or otherwise transmitted via
the Web Site.
You agree NOT to use the Web Site to:
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upload, post, email, or otherwise transmit any Content that is harmful,
hateful, threatening, abusive, defamatory, obscene, libelous, or invasive of
another's privacy;
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harm or threaten anyone person in any way;
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falsely state or misrepresent your affiliation with any person or entity;
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upload, post, email, or otherwise transmit any Content that you do not have a
right to transmit under any law or under contractual or fiduciary
relationships;
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upload, post, email, or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in those areas
that are designated for such purpose;
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upload, post, email, or otherwise transmit any material that contains software
viruses or any other computer code, files, or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or
telecommunications equipment;
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interfere with or disrupt the Web Site or servers or networks connected to the
Web Site, or disobey any requirements, procedures, policies, or regulations of
networks connected to the Web Site; intentionally or unintentionally violate
any applicable local, state, national, or international laws;
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harass or "stalk" another individual;
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collect or store personal data about other users
You acknowledge and agree that this Web Site may preserve Content forever. You
also agree that the Web Site may disclose Content if required to do so by law
or in the good faith belief that such disclosure is reasonably necessary to:
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comply with legal process;
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enforce the Terms of Use;
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respond to claims that any Content violates the rights of third-parties; or
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protect the rights, property, or personal safety of the Web Site, its users,
and the public.
Any communication or material you post or transmit to us over the Internet is,
and will be treated as non-confidential and non-proprietary. Upon the
transmission of any personal information to us, you expressly grant permission
to us to disseminate and/or use such information for any lawful purpose.
We reserve the right to monitor your communications with us whether by mail,
voice, fax, e-mail or any other form of transmission for the purposes of
quality control, security and other business needs.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEB SITE OR ITS
CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS." WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR
PURPOSE, WITH RESPECT TO THIS WEB SITE AND ANY WEB SITE WITH WHICH IT IS
LINKED. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE
INFORMATION ACCESSIBLE VIA THIS WEB SITE, OR ANY WEB SITE WITH WHICH IT IS
LINKED, IS ACCURATE, COMPLETE, OR CURRENT. YOU ACCEPT THAT OUR OWNERS,
OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT
OF THIS CLAUSE.
It is your responsibility to evaluate (or take professional advice on) the
accuracy and completeness of all information, statements, opinions and other
material on this Web Site or any web site with which it is linked.
Your statutory rights as a consumer, if any, are not affected by these
provisions, and we do not seek to exclude or limit liability for fraudulent
misrepresentation.
To the fullest extent permitted by applicable laws we, on behalf of our
employees, agents, suppliers, and contractors exclude liability for any losses
and expenses of whatever nature and howsoever arising including, without
limitation, any direct, indirect, special, punitive, or consequential damages,
loss of use, loss of data, loss caused by a virus, loss of income or profit,
loss of or damage to property, claims of third parties, or other losses of any
kind or character, even if we have been advised of the possibility of such
damages or losses, arising out of or in connection with the use of this Web
Site or any web site with which it is linked. You assume total responsibility
for establishing such procedures for data back up and virus checking as you
consider necessary. Price and availability of information, materials, products
and/or services is subject to change without notice.
You agree to indemnify, release and hold us harmless as well as our officers,
directors, agents, representatives and employees from any claim, liability,
loss, expense or demand, including legal fees, related to your violation of
these Terms of Use or your access or use of this Web Site or any of the
information, materials, products or services available through this Web Site.
JimHillMedia.com may terminate your password and/or your account in whole or
part at any time.This Web Site may also choose to remove or discard any Content
you may have contributed to the Web Site at any time, and for any reason.
You further agree that this Web Site reserves the right to terminate your access
to the Web Site at any time without prior notice. You also acknowledge that the
Web Site may at any time deactivate and/or delete your account and all
information in your account; in addition, barring any further access to such
files. Further, you agree that the Web Site shall not be liable to you or any
third-party for any termination of your access to the Web Site.
We reserve the right at any time and from time to time to modify, edit, delete,
suspend or discontinue, temporarily or permanently this Web Site (or any
portion thereof) and/or the information, materials, products and/or services
available through this Web Site (or any part thereof) with or without notice.
You agree that we shall not be liable to you or to any third party for any such
modification, editing, deletion, suspension or discontinuance of this Web Site.
Unless otherwise specified, the materials in the Site are presented solely for
the use of residents of the United States, its territories, possessions, and
protectorates. This Site is controlled and operated by JimHillMedia.com from
within the State of California, United States of America. Access to, or use of,
this Web Site or information, materials, products and/or services on this Web
Site may be prohibited by law in certain countries or jurisdictions. You are
responsible for compliance with any applicable laws of the country from which
you are accessing this Web Site. We make no representation that the information
contained herein is appropriate or available for use in any location.
These Terms of Use and the agreement made herein shall be governed by and
construed in accordance with the laws of the State of California, without
giving effect to any principles of conflicts of law. You agree that the courts
of California shall have exclusive jurisdiction to resolve any controversy or
claim of whatever nature arising out of or relating to use of this Web Site,
and that the laws of the State of California shall govern such dispute or
claim. However, we retain the right to bring legal proceedings in any
jurisdiction where we believe that infringement of this agreement is taking
place or originating.
These Terms of Use contain the entire understanding between you and us with
respect to this Web Site and no representation, statement, inducement oral or
written, not contained herein shall bind any party to this agreement. Should
any part of these terms for any reason be declared invalid by a court of
competent jurisdiction, such determination shall not affect the validity of any
remaining portion and such remaining portion shall remain in full force and
effect as if the invalid portion of these terms had been eliminated. Our
failure to enforce any provision of these Terms of Use shall not be deemed a
waiver of such provision nor of the right to enforce such provision.
If you have any questions regarding these Terms of Use or any other matter, you
may Contact Us.