Terms of Service

INTRODUCTION

The "Terms of Use" below create a legally binding contract between Jivewired and each user, and the user accepts this contract through registration and use.

The Terms of Use absolve Jivewired from any liability whatsoever with respect to its users' illegal conduct. The language below clearly delineates that Jivewired 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 Jivewired for any liability, including attorneys fees. Also, Jivewired will not be liable for any damages that arise out of use of Jivewired'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, Jivewired 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 ("Jivewired" 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 Jivewired'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 Jivewired, you warrant that all the information you submit is truthful and accurate, and that your use of Jivewired does not violate any applicable laws. Jivewired 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 Jivewired or send any personal information to Jivewired, 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 Jivewired account. Users under the age of 18 must obtain a parent's consent before creating a Jivewired account.

Jivewired may ask for your personal information when you set up an account. Jivewired will take all reasonably necessary steps to protect your personal information. Your non-public, personal information will not be released unless Jivewired has received a lawfully issued subpoena, valid court order, or other legal process document.

3. Licensing

Jivewired 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 Jivewired services.

By Posting any Content on, through, or in connection with Jivewired's services, you grant to Jivewired a license that is non-exclusive, fully-paid, royalty-free, sub-licensable, and worldwide. The license you grant to Jivewired authorizes Jivewired to use, modify, delete from, add to, publically perform, publically display, reproduce, and distribute Content in connection with Jivewired services.

4. User Content and Third-Party Content

Jivewired 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.

Jivewired 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 Jivewired 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 Jivewired 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 Jivewired 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 Jivewired acknowledge that this section is a material inducement for the other party entering into this Agreement.

6. Indemnity

You agree to indemnify and hold Jivewired, 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 Jivewired's website and/or services.

7. Limitation on Liability

In no event shall Jivewired 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 Jivewired's services, even if Jivewired has been advised of the possibility of such damages. Jivewired'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 Jivewired for the Jivewired services during the term of membership.

8. Privacy

Posting another person's private, personal identifying information on Jivewired 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 Jivewired at terms@Jivewired.com, and you must provide links to web pages where your private, personal identifying information is located. Upon receipt, Jivewired 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.

Jivewired 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:

Once you complete and send the trademark infringement claim information, Jivewired will reasonably attempt to investigate your claim. If Jivewired determines trademark infringement has occurred, it will remove the trademarked content. If your allegation is found to be without merit, Jivewired will take no further action and the content will remain posted on Jivewired.com.

Jivewired is committed to protecting the rights of trademark holders. Jivewired will not, however, facilitate false claims of infringement. Jivewired reserves the right to remove content alleged to be infringing without notice and at its sole discretion. In appropriate circumstances, Jivewired 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.

Jivewired 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:

Once you complete and send the copyright infringement claim information, Jivewired will reasonably attempt to investigate your claim. If Jivewired determines copyright infringement has occurred, it will remove the copyrighted content. If your allegation is found to be without merit, Jivewired will take no further action and the content will remain posted on the website.

Jivewired is committed to protecting the rights of copyright holders. Jivewired will not, however, facilitate false claims of infringement. Jivewired reserves the right to remove content alleged to be infringing without notice and at its sole discretion. In appropriate circumstances, Jivewired will also terminate user accounts if the user is determined to be a repeat offender.

11. Child Pornography

Jivewired 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 Jivewired is made aware of child pornography or any content that promotes, encourages, or links to child pornography, Jivewired 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 Jivewired 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 Jivewired 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.

Jivewired accepts subpoenas and court orders by mail and email. Law enforcement may send the subpoena or court order via mail to:

Jivewired
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.