Terms & Conditions
INTRODUCTION
The comprehensive policy set forth below should be posted on JiveWired.com before the website is launched. The "Terms of Use" below create a legally binding contract between Jive Wired and each user, and the user accepts this contract through registration and use.
The Terms of Use absolve Jive Wired from any liability whatsoever with respect to its users' illegal conduct. The language below clearly delineates that Jive Wired is not an accessory or conduit for illegal conduct. In addition, if a dispute arises, the Terms of Use waive the user's right to trial by jury; specify that the laws of the State of Illinois apply; and acknowledge that the user agrees to indemnify Jive Wired for any liability, including attorneys fees. Also, Jive Wired will not be liable for any damages that arise out of use of Jive Wired's services.
To comply with the Children's Online Privacy Protection Act, children under the age of 13 are prohibited from registering to use the website. This prohibition is recommended because websites geared toward children must comply with strict guidelines and reporting requirements which are cumbersome and costly. The use or transmission of child pornography is also prohibited as it is a federal crime. In the event law enforcement has a subpoena or court order to obtain user information, Jive Wired should have terms that are the least intrusive to it, and that delineate the most efficient way for it to comply. JiveWired.com's internet policy is as follows:
COMPREHENSIVE POLICY PROPOSAL
1. Terms of Use
JiveWired.com, LLC operates JiveWired.com ("Jive Wired" or "we"), which is a social networking website that allows users to create personal online profiles, upload and share music files, and communicate with others. This Terms of Use Agreement constitutes a legally binding agreement, and applies to your use of Jive Wired's website and services. By signing-up and/or using JiveWired.com, you agree to the Terms of Use as set forth in more detail below. The Terms of Use may be modified from time to time with or without notification, and shall be effective upon posting. Your continued use of JiveWired.com following such modification constitutes your acceptance of the Terms of Use as modified.
2. User Eligibility
When you register and/or use Jive Wired, you warrant that all the information you submit is truthful and accurate, and that your use of Jive Wired does not violate any applicable laws. Jive Wired does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such person to register. If you are under the age of 13, do not attempt to register for Jive Wired or send any personal information to Jive Wired, including but not limited to your name, address, telephone number, or email address. Users must be 13 years of age or older to create a Jive Wired account. Users under the age of 18 must obtain a parent's consent before creating a Jive Wired account.
Jive Wired may ask for your personal information when you set up an account. Jive Wired will take all reasonably necessary steps to protect your personal information. Your non-public, personal information will not be released unless Jive Wired has received a lawfully issued subpoena, valid court order, or other legal process document.
3. Licensing
Jive Wired does not claim ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively "Content") that you transmit, submit, display or publish (collectively "Post") on, through, or in connection with Jive Wired services.
By Posting any Content on, through, or in connection with Jive Wired's services, you grant to Jive Wired a license that is non-exclusive, fully-paid, royalty-free, sub-licensable, and worldwide. The license you grant to Jive Wired authorizes Jive Wired to use, modify, delete from, add to, publically perform, publically display, reproduce, and distribute Content in connection with Jive Wired services.
4. User Content and Third-Party Content
Jive Wired is not liable for any users' violations of the law. Further, we make no warranties, either express or implied, as to user content or the accuracy and reliability of user content.
Jive Wired has no control over, is not responsible for, and is not liable for any third-party services, including applications, websites, desktop, wireless, mobile, and other services available from third parties which can be installed on to the user's Jive Wired profile or shared with other users through links.
5. Disputes
This Terms of Use Agreement shall be governed by, and construed in accordance with, the laws of the State of Illinois. You and Jive Wired agree to submit to the exclusive jurisdiction of the courts located within the State of Illinois to resolve any dispute arising out of the Terms of Use. You and Jive Wired hereby knowingly, voluntarily, and intentionally waive any right either may have to a trial by jury with respect to any litigation (including, but not limited to, any claims, counterclaims, cross-claims, or third party claims) arising out of, under, or in connection with this Terms of Use Agreement. You and Jive Wired acknowledge that this section is a material inducement for the other party entering into this Agreement.
6. Indemnity
You agree to indemnify and hold Jive Wired, JiveWired.com, LLC, its affiliates and subsidiaries, and their respective officers, agents, partners and employees, harmless for any loss, liability, claim, or demand, including but not limited to reasonable attorneys fees, made by any third party due to or arising out of your use of Jive Wired's website and/or services.
7. Limitation on Liability
In no event shall Jive Wired be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including without limitation lost profits damages arising from your use of Jive Wired's services, even if Jive Wired has been advised of the possibility of such damages. Jive Wired's liability to you for any cause of action or claim whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Jive Wired for the Jive Wired services during the term of membership.
8. Privacy
Posting another person's private, personal identifying information on Jive Wired is considered a breach of privacy. Private, personal identifying information includes, but is not limited to credit card information, a social security number, a private, unlisted phone number, and any other non-public or unattainable information.
If a breach of privacy occurs, you must notify Jive Wired at terms@JiveWired.com, and you must provide links to web pages where your private, personal identifying information is located. Upon receipt, Jive Wired will take all reasonably necessary steps to remove your private, personal identifying information as soon as practicable.
9. Trademark Policy
Any user who uses a company or business name, logo, or other trademark protected material in a manner that may mislead or confuse others may be considered trademark infringement. You may not upload, embed, post, email, transmit, or otherwise make available any material that infringes any trademark or any other proprietary rights of any person or entity.
Jive Wired will reasonably attempt to investigate each alleged claim of trademark infringement. To do so, the trademark holder must provide the following to terms@JiveWired.com:
· The username of the violating account
· Your company's name
· Your company's Jive Wired account name (if any)
· Your first and last name
· Your title
· Your mailing address
· Your phone number
· Your fax number
· Your company's domain address
· Your trademark registration number
· A statement by you that you have a good faith belief that the disputed use is not authorized by the trademark owner, its agent, or the law.
Once you complete and send the trademark infringement claim information, Jive Wired will reasonably attempt to investigate your claim. If Jive Wired determines trademark infringement has occurred, it will remove the trademarked content. If your allegation is found to be without merit, Jive Wired will take no further action and the content will remain posted on JiveWired.com.
Jive Wired is committed to protecting the rights of trademark holders. Jive Wired will not, however, facilitate false claims of infringement. Jive Wired reserves the right to remove content alleged to be infringing without notice and at its sole discretion. In appropriate circumstances, Jive Wired will also terminate user accounts if the user is determined to be a repeat offender.
10. Copyright Policy
A copyright is infringed when a work that is protected by copyright law is distributed or republished without the copyright holder's authorization. You may not upload, embed, post, email, transmit, or otherwise make available any material that infringes any copyright or any other proprietary rights of any person or entity.
Jive Wired neither authorizes nor facilitates copyright infringement. If a user profile does not contain an image or music that is protected by copyright, then its use does not constitute copyright violation. If you believe your copyright is being violated, however, please provide the following information to terms@JiveWired.com:
· Your first and last name
· Your title
· Your company's name
· Your company's Jive Wired account name (if any)
· Your address
· Your phone number
· Your fax number
· Your email address
· Your company's domain address
· Identify the copyrighted work that you claim has been infringed
· Identify the content on Jive Wired's site that infringes your copyright
· Provide URLs which show where the infringing content appears on our site
· Explain how the content infringe your rights
· Provide the username of violating account
· A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
· A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Once you complete and send the copyright infringement claim information, Jive Wired will reasonably attempt to investigate your claim. If Jive Wired determines copyright infringement has occurred, it will remove the copyrighted content. If your allegation is found to be without merit, Jive Wired will take no further action and the content will remain posted on the website.
Jive Wired is committed to protecting the rights of copyright holders. Jive Wired will not, however, facilitate false claims of infringement. Jive Wired reserves the right to remove content alleged to be infringing without notice and at its sole discretion. In appropriate circumstances, Jive Wired will also terminate user accounts if the user is determined to be a repeat offender.
11. Child Pornography
Jive Wired does not tolerate child pornography on JiveWired.com. If you believe child pornography exists on JiveWired.com, please email terms@JiveWired.com and provide a link to the offensive and illegal content. When Jive Wired is made award of child pornography or any content that promotes, encourages, or links to child pornography, Jive Wired will remove child pornography and the corresponding content without notice and will permanently suspend accounts containing links to child pornography.
12. Law Enforcement
Law enforcement may contact Jive Wired at lawenforcement@JiveWired.com. Requests concerning private user information, data retention, backlogs, subpoenas, and court orders must come from law enforcement domains and must include relevant identifying information, including but not limited to a badge number, case number, and a copy of the subpoena or court order, if applicable. To facilitate the process, subpoenas and/or court orders should include the URL of the Jive Wired user profile at issue, and a detailed explanation of the specific information required. Non-law enforcement emails requests sent to this email address will be discarded.
Jive Wired accepts subpoenas and court orders by mail and email. Law enforcement may send the subpoena or court order via mail to:
Jive Wired
9955 S. Nottingham Ave. Unit 1B
Chicago, Illinois 60415
13. Terms of Agreement
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
2
