TERMS OF SERVICE
These Terms of Service (“Terms”) govern your access to and use of the services
and JBXP’s websites (the “Services”), and any information, text, graphics, or
other materials uploaded, downloaded or appearing on the Services (collectively
referred to as “Content”). Your access to and use of the Services is conditioned
on your acceptance of and compliance with these Terms. By accessing or using the
Services you agree to be bound by these Terms.
Basic Terms
You are responsible for your use of the Services, for any content you post to
the Services, and for any consequences thereof.
The Content you submit, post, or display will be able to be viewed by
other users of the Services and through third party services and websites (go to
the profile edit page to control who sees your Content). You should only provide Content that you
are comfortable sharing with others under these Terms.
You may use the Services only if you can form a binding contract with JBXP and
are not a person barred from receiving services under the laws of the United
States or other applicable jurisdiction. You may use the Services only in
compliance with these Terms and all applicable local, state, national, and
international laws, rules and regulations.
The Services that JBXP provides are always evolving and the form and nature of
the Services that JBXP provides may change from time to time without prior
notice to you. In addition, JBXP may
stop (permanently or temporarily) providing the Services (or any features within
the Services) to you or to users generally and may not be able to provide you
with prior notice. We also retain
the right to create limits on use and storage at our sole discretion at any time
without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or
information on the Services, queries made through the Services, or other
information. The types and extent of
advertising by JBXP on the Services are subject to change. In consideration for JBXP granting you
access to and use of the Services, you agree that JBXP and its third party
providers and partners may place such advertising on the Services or in
connection with the display of Content or information from the Services whether
submitted by you or others.
Privacy
Any information that you provide to JBXP is subject to our
Privacy Policy, which governs our collection and use of
your information. You understand
that through your use of the Services you consent to the collection and use (as
set forth in the Privacy Policy) of this information, including the transfer of
this information to the United States and/or other countries for storage,
processing and use by JBXP. As part
of providing you the Services, we may need to provide you with certain
communications, such as service announcements and administrative messages. These
communications are considered part of the Services and your JBXP account, which
you may not be able to opt-out from receiving.
For more information on our Privacy Policy please visit
Privacy.
Passwords
You are responsible for safeguarding the password that you use to access the
Services and for any activities or actions under your password. We encourage you to use “strong”
passwords (passwords that use a combination of upper and lower case letters,
numbers and symbols) with your account.
JBXP cannot and will not be liable for any loss or damage arising from
your failure to comply with the above requirements.
Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole
responsibility of the person who originated such Content. We may not monitor or control the Content
posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or
materials posted via the Services or obtained by you through the Services is at
your own risk.
We do not endorse, support, represent or guarantee the completeness,
truthfulness, accuracy, or reliability of any Content or communications posted
via the Services or endorse any opinions expressed via the Services. You understand that by using the
Services, you may be exposed to Content that might be offensive, harmful,
inaccurate or otherwise inappropriate, or in some cases, postings that have been
mislabeled or are otherwise deceptive.
Under no circumstances will JBXP be liable in any way for any Content,
including, but not limited to, any errors or omissions in any Content, or any
loss or damage of any kind incurred as a result of the use of any Content
posted, emailed, transmitted or otherwise made available via the Services or
broadcast elsewhere.
Your Rights
You retain your rights to any Content you submit, post or display on or through
the Services. By submitting, posting
or displaying Content on or through the Services, you grant us a worldwide,
non-exclusive, royalty-free license (with the right to sublicense) to use, copy,
reproduce, process, adapt, modify, publish, transmit, display and distribute
such Content in any and all media or distribution methods (now known or later
developed).
You agree that this license includes the right for JBXP to make such Content
available to other companies, organizations or individuals who partner with JBXP
for the syndication, broadcast, distribution or publication of such Content on
other media and services, subject to our terms and conditions for such Content
use.
Such additional uses by JBXP, or other companies, organizations or individuals
who partner with JBXP, may be made with no compensation paid to you with respect
to the Content that you submit, post, transmit or otherwise make available
through the Services.
We may modify or adapt your Content in order to transmit, display or distribute
it over computer networks and in various media and/or make changes to your
Content as are necessary to conform and adapt that Content to any requirements
or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide,
and for any consequences thereof, including the use of your Content by other
users and our third party partners. You understand that your Content may be
rebroadcasted by our partners and if you do not have the right to submit Content
for such use, it may subject you to liability.
JBXP will not be responsible or liable for any use of your Content by
JBXP in accordance with these Terms.
You represent and warrant that you have all the rights, power and authority
necessary to grant the rights granted herein to any Content that you submit.
JBXP gives you a personal, worldwide, royalty-free, non-assignable and
non-exclusive license to use the software that is provided to you by JBXP as
part of the Services. This license
is for the sole purpose of enabling you to use and enjoy the benefit of the
Services as provided by JBXP, in the manner permitted by these Terms.
JBXP Rights
All right, title, and interest in and to the Services (excluding Content
provided by users) are and will remain the exclusive property of JBXP and its
licensors. The Services are
protected by copyright, trademark, and other laws of both the United States and
foreign countries. Nothing in the
Terms gives you a right to use the JBXP name or any of the JBXP trademarks,
logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions
you may provide regarding JBXP, or the Services is entirely voluntary and we
will be free to use such feedback, comments or suggestions as we see fit and
without any obligation to you.
Restrictions on Content and Use of the Services
We reserve the right at all times (but will not have an obligation) to remove or
refuse to distribute any Content on the Services and to terminate users or
reclaim usernames. Please review the
JBXP Rules (which are part
of these Terms) to better understand what is prohibited on the Service. 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 JBXP, its
users and the public.
JBXP does not disclose personally identifying information to third parties except in accordance with our Privacy Policy - see Privacy
Except as permitted through the Services (or these Terms), you have to use JBXP
if you want to reproduce, modify, create derivative works, distribute, sell,
transfer, publicly display, publicly perform, transmit, or otherwise use the
Content or Services.
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, JBXP’s computer
systems, or the technical delivery systems of JBXP’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 JBXP
(and only pursuant to those terms and conditions), unless you have been
specifically allowed to do so in a separate agreement with JBXP (NOTE: crawling
the Services is permissible if done in accordance with the provisions of the
robots.txt file, however, scraping the Services without the prior consent of
JBXP is expressly prohibited); (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.
Copyright Policy
JBXP respects the intellectual property rights of others and expects users of
the Services to do the same. We will
respond to notices of alleged copyright infringement that comply with applicable
law and are properly provided to us. If you believe that your Content has been
copied in a way that constitutes copyright infringement, please provide us with
the following information: (i) a physical or electronic signature of the
copyright owner or a person authorized to act on their behalf; (ii)
identification of the copyrighted work claimed to have been infringed; (iii)
identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit us to locate the
material; (iv) your contact information, including your address, telephone
number, and an email address; (v) a statement by you that you have a good faith
belief that use of the material in the manner complained of is not authorized by
the copyright owner, its agent, or the law; and (vi) a statement that the
information in the notification is accurate, and, under penalty of perjury, that
you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior
notice and at our sole discretion. In appropriate circumstances, JBXP will also
terminate a user’s account if the user is determined to be a repeat infringer.
Your access to and use of the Services or any Content is at your own risk. You
understand and agree that the Services is provided to you on an “AS IS” and “AS
AVAILABLE” basis. Without limiting
the foregoing, JBXP AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR
IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. We make no
warranty and disclaim all responsibility and liability for the completeness,
accuracy, availability, timeliness, security or reliability of the Services or
any content thereon. JBXP will not
be responsible or liable for any harm to your computer system, loss of data, or
other harm that results from your access to or use of the Services, or any
Content. You also agree that JBXP has no responsibility or liability for the
deletion of, or the failure to store or to transmit, any Content and other
communications maintained by the Services. We make no warranty that the Services
will meet your requirements or be available on an uninterrupted, secure, or
error-free basis. No advice or information, whether oral or written, obtained
from JBXP or through the Services, will create any warranty not expressly made
herein.
Links
The Services may contain links to third-party websites or resources. You
acknowledge and agree that we are not responsible or liable for: (i) the
availability or accuracy of such websites or resources; or (ii) the content,
products, or services on or available from such websites or resources. Links to
such websites or resources do not imply any endorsement by JBXP of such websites
or resources or the content, products, or services available from such websites
or resources. You acknowledge sole responsibility for and assume all risk
arising from your use of any such websites or resources.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JBXP AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR
OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR
INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY
THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT
OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF
YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT
(INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT JBXP HAS BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH
HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the
exclusion or limitation of liability for consequential or incidental damages, so
the limitations above may not apply to you.
Waiver and Severability
The failure of JBXP to enforce any right or provision of these Terms will not be
deemed a waiver of such right or provision. In the event that any provision of
these Terms is held to be invalid or unenforceable, the remaining provisions of
these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the
State of Florida without regard to or application of its conflict of law
provisions or your state or country of residence.
All claims, legal proceedings or litigation arising in connection with
the Services will be brought solely in Palm Beach County, Florida, and you
consent to the jurisdiction of and venue in such courts and waive any objection
as to inconvenient forum.
If you are accepting these Terms on behalf of a United States federal government
entity that is legally unable to accept the controlling law, jurisdiction or
venue clauses above, then those clauses do not apply to you but instead these
Terms and any action related thereto will be will be governed by the laws of the
United States of America (without reference to conflict of laws) and, in the
absence of federal law and to the extent permitted under federal law, the laws
of the State of Florida (excluding choice of law).
Entire Agreement
These Terms, the JBXP Rules and our Privacy Policy
Privacy
are the entire and exclusive agreement between JBXP and you regarding the
Services (excluding any services for which you have a separate agreement with
JBXP that is explicitly in addition or in place of these Terms), and these Terms
supersede and replace any prior agreements between JBXP and you regarding the
Services. Other than members of the
group of companies of which J&R Adventures is the parent, no other person or
company will be third party beneficiaries to the Terms.
We may revise these Terms from time to time, the most current version will
always be at Privacy. If the revision, in our sole discretion,
is material we will notify you via a JBXP update or e-mail to the email
associated with your account. By
continuing to access or use the Services after those revisions become effective,
you agree to be bound by the revised Terms.
These Services are
operated and provided by J&R Adventures, LLC, 1060 Holland Drive, Suite K, Boca
Raton, FL 33487. If you have any
questions about these Terms, please
contact us.
