2. Equipment. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the site and all charges related thereto.
3. Restrictions on Use.
A. You shall use the site for lawful purposes only. You shall not post or transmit through the site any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offence, gives rise to civil liability or otherwise violate any law. Without JVL's express prior approval, you shall not post or transmit through the site any material that contains advertising or any solicitation with respect to products or services. You shall not use the site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services. Any conduct by you that in JVL's discretion restricts or inhibits any other user from using or enjoying the site will not be permitted.
B. The site contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the site are copyrighted under the United States and Canadian copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of JVL and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
C. You shall not upload, post or otherwise make available on the site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the site, you automatically grant, or warrant that the owner of such material has expressly granted JVL the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the site to access, view, store or reproduce the material for that user's personal use. You grant JVL the right to edit, copy, display, publish and distribute any material made available on the site by you.
D. The foregoing provisions of Section 3 are for the benefit of JVL, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
4. Disclaimer of Warranty; Limitation of Liability.
A. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER JVL, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE.
B. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE.
C. IN NO EVENT WILL JVL, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL JVL's TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
D. THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT JVL IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
6. Indemnification. You agree to defend, indemnify and hold harmless JVL and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the site.
7. Trademarks. JVL, www.JVL-Ent.com, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of JVL. All rights reserved. All other trademarks appearing on the site are the property of their respective owners.
8. Third Party Content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of JVL. In many instances, the content available through the site represents the opinions and judgments of the respective information provider or user. JVL neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the site by anyone other than authorized JVL employee spokespersons while acting in their official capacities.
JVL is committed to protecting user privacy online. We believe that strong electronic privacy is crucial for the ongoing success of the Internet. At JVL, we pledge to give you as much control as possible over your personal information. We will not disclose individually identifiable information about you to any third party without your consent.
Information We CollectIP Address
The JVL Web site logs IP addresses for system administration purposes. Your IP address can help us diagnose problems with our server and track a user's session to give us an idea of which parts of our site users are visiting. In addition, we track system information, such as the type of browser you are using, your operating system, and the referring IP address. We use this information in aggregate only; we do not link IP addresses to any personal identifiers.
A significant amount of the site is available without registration, but in order to take advantage of some features of JVL web site, you must register and create an account. The JVL online registration form requires you to provide your full name, email address, ZIP code, a User Name, and password. All other registration information, such as your age, address, phone number, and employer, is optional and is marked as such. We hope that, like many JVL web users, you will want to provide information about yourself so that we can continue to make our Web site more valuable to you. For certain contests, surveys, or chat forums, we may ask you to provide additional information about yourself. Participation in these enhanced services is completely optional.
This web site contains links to other sites. Please be aware that JVL is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.
As you interact with JVL, your usage patterns are logged anonymously. This tells us if you searched to find information and what searches you used. We also log whether or not your searches were successful and what subject areas you visited. The logs use your session ID only, they do not connect with your specific member ID. Usage data is viewed and analyzed in aggregated form only.
Our Use of Your Information
The majority of the information we collect is analyzed anonymously so that we can improve your visiting experience. One of JVL's goals is to create better customer service. To that end, we use our usage data to study how users seek information. Eventually, we hope to have enough data to help educators discover more about human learning and information analysis. Any personally-identifiable information about you is used to improve your individual JVL experience. This information is held in strictest confidence and is not shared outside of JVL except as specifically described in this statement. We will, with your permission, use your data to deliver information that is targeted to your interests, such as email about promotions or targeted banners. If necessary, we will use your information to contact you. JVL is the only company that uses the financial information that you provided, such as credit card numbers. This information is used for billing when you order specific JVL products or services online.
JVL will never wilfully disclose personally-identifiable information to a third party without your permission. Any personally-identifiable information is used within JVL only, except as described above. All other information is disclosed as statistical information in aggregate form and cannot be linked to a specific individual.
Opt-Out Features It is important to JVL that you control how we use the information you provide.
To tell us you don't want to receive communication from JVL, such as email newsletters announcing new features, contests, or new content, opt out at registration or send an email to firstname.lastname@example.org
To tell us you don't want to receive communications from a third-party company that offers a product or service that we think would be of value to you, opt out at registration or send an email to email@example.com
You can decline to provide personal information to us. Please note that in some cases this will limit your interaction with JVL.
JVL uses industry-standard efforts to safeguard the confidentiality of all information, regardless of whether it identifies you or not. Our security includes use of firewalls, secure socket layers, and encryption. Your password is a component of our security system. As such, it is your responsibility to protect it. Do not share your password with any third parties. If your password has been compromised for any reason, you should change it immediately.
Third Party Collectors of Information
JVL's Privacy Statement only addresses the use and disclosure of information we collect from you. Any information you disclose to a third party, such as other users or advertisers, is subject to that party's Privacy Statement. We encourage you to ask questions before you disclose your personal information to others.
Notification of Changes