Effective as from 22 November 2012.
1. Acceptance of the Terms and Conditions of Use
2. Changes to the Terms and Conditions of Use and the Website
James Anderson Jr.'s Official Blog reserves the right to update the Website and these Terms and Conditions of Use from time to time, at our discretion and without notice. Nevertheless, this document is public on James Anderson Jr.'s Official Blog, and you will be able to track the changes for any new version. Your continued use of the Website following the publishing of updated Terms and Conditions of Use means that you accept and agree to the changes.
3. Accessing the Website, Security and Privacy
4. Disclaimer of Warranties, Limitations of Liability and Indemnification.
Your use of James Anderson Jr.'s Official Blog is at your sole risk. The service is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party's property or information.
5. Intellectual property
James Anderson Jr.'s Official Blog respects intellectual property rights, and expects you to do the same. The James Anderson Jr.'s Official Blog service and the content provided through the James Anderson Jr.'s Official Blog website is the property of James Anderson Jr.'s Official Blog or James Anderson Jr.'s Official Blog's licensors and protected by intellectual property rights (including but not limited to copyright), and you do not have a right to use the James Anderson Jr.'s Official Blog service (including but not limited to its content) in any manner not covered by the Agreement. Furthermore, you must not infringe any third party's intellectual property rights in using the James Anderson Jr.'s Official Blog service. Further, you may not remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the James Anderson Jr.'s Official Blog website or service.
6. Copyright infringement and take down
If you are a copyright holder who believes that any of the products, services or content which are directly available via the James Anderson Jr.'s Official Blog Websites are infringing copies of your work, please let us know. Pursuant to The Digital Millennium Copyright Act, 17 United States Code 512(c)(3), a notice of alleged copyright infringement should be sent to James Anderson Jr.'s Official Blog's designated copyright agent at the following email-address: email@example.com. A notification of claimed copyright infringement must be addressed to James Anderson Jr.'s Official Blog's copyright agent listed above and include the following: A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed; Specific identification of each copyrighted work claimed to have been infringed; A description of where the material believed to be infringed is located on James Anderson Jr.'s Official Blog service or the James Anderson Jr.'s Official Blog website (please be as detailed as possible and provide a URL to help us locate the material you are reporting); Contact information for the complaining party, such as a complete name, address, telephone number, and email address; A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. Technology limitations and modifications
James Anderson Jr.'s Official Blog will make reasonable efforts to keep the James Anderson Jr.'s Official Blog service and website operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. James Anderson Jr.'s Official Blog reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the James Anderson Jr.'s Official Blog service with or without notice.
James Anderson Jr.'s Official Blog has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by James Anderson Jr.'s Official Blog of the site. Use of any such linked web site is at the user's own risk.
9. Restrictions on Content and Use of the Services
All Content must
be lawful, not spam, and clear of virus or other malware. More
specifically, but without limiting the foregoing, it must comply with
· Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
· Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
· Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
· Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.
· Not be likely to deceive any person.
· Not promote any illegal activity, or advocate, promote or assist any unlawful act.
· Not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
· Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
· Not involve commercial activities or sales , such as contests, sweepstakes and other sales promotions, barter oradvertising.
· Not give the impression that they emanate from us or any other person or entity, if this is not the case.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of James Anderson Jr.'s Official Blog, its users and the public.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, James Anderson Jr.'s Official Blog’s computer systems, or the technical delivery systems of James Anderson Jr.'s Official Blog’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by James Anderson Jr.'s Official Blog (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with James Anderson Jr.'s Official Blog;
(iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
James Anderson Jr.'s Official Blog may assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.
11. Entire agreement
Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.
13. Mandatory arbitration; exceptions to mandatory arbitration, waiver of class action rights; limitations period; venue and choice of law
i. You and James Anderson Jr.'s Official Blog agree that any dispute, claim or controversy arising out of or relating in any way to the James Anderson Jr.'s Official Blog Service or your use thereof, including our Agreement, shall be determined by mandatory binding arbitration. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and James Anderson Jr.'s Official Blog are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of this Agreement and the termination of your James Anderson Jr.'s Official Blog subscription. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the "AAA Rules"), as modified by this Agreement, and as administered by the AAA. ii. You and James Anderson Jr.'s Official Blog agree that (a) any claims seeking to enforce, protect, or determine the validity or ownership of any intellectual property rights, and (b) any claims related to allegations of theft, piracy or unauthorized use of the James Anderson Jr.'s Official Blog Service are NOT subject to mandatory arbitration. Instead, you and James Anderson Jr.'s Official Blog agree that the preceding claims (including but not limited to claims for injunctive or equitable relief) shall be exclusively decided by Courts of competent jurisdiction in Wilmington, North Carolina, and that applicable North Carolina and/or Federal law shall govern, without regarding to choice of law principals. iii. YOU AND JAMES ANDERSON JR.'S OFFICIAL BLOG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, the arbitrator shall not consolidate any other person's claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief. iv. Any arbitration must be commenced by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA's Consumer Rules with the remainder paid by James Anderson Jr.'s Official Blog. Any arbitration costs or fees deemed "excessive" will be paid by James Anderson Jr.'s Official Blog. v. You and James Anderson Jr.'s Official Blog agree that this Agreement involves interstate commerce and is subject to the Federal Arbitration Act. You and James Anderson Jr.'s Official Blog further agree that applicable laws of the State of North Carolina shall exclusively govern any dispute without regard to choice or conflicts of law rules. The sole and exclusive venue for the resolution of any dispute, whether or not subject to mandatory arbitration as described above, shall lie in Wilmington, North Carolina.
14. English version prevails
In the event that this
Agreement is translated into other languages and there is a discrepancy
between the two language versions, the English language version shall
prevail to the extent that such discrepancy is the result of an error in
translation. Copyright © 2012 James Anderson Jr.'s Official Blog
and its affiliates. All rights reserved.