|
TERMS OF SERVICE
INTRODUCTION
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING
THE LONGISLANDJAM.COM, WEBSITE (the "Site"). This
Site is fully controlled and operated by Wolf Pack, Inc. ("Wolf
Pack, Inc." or "us"). By accessing and using this
Site, you are hereby agreeing to be legally bound by the terms and
conditions of Wolf Pack, Inc. (the "Agreement").
Please note that this Site and the Services (as defined below) offered are
only open to users 13 years of age or older. If you do not agree with all
of the following terms and conditions, please do not use this Site.
We reserve the right, at our sole discretion, to change,
modify or otherwise alter these terms and conditions at any time. Such
changes and/or modifications shall become effective immediately upon the
posting thereof. Without limiting the foregoing, we may occasionally
notify you by email about changes to the Site or provide notices of
changes by displaying notices or links to notices to you generally on the
Site. Please review the terms and conditions periodically. Your continued
use of the Site following the posting of changes and/or modifications will
constitute your acceptance of the revised terms and conditions. For your
information, this page was last updated on February 2, 2002.
RESTRICTIONS ON USE OF MATERIALS
All materials contained on this web site are the
copyrighted property of LongIslandJam.com and its affiliates and/or our
third party licensors.
The textual, photographic, video, audio and combined
audiovisual programs and products resulting from the material contained in
this web site, are protected under United States and international
copyright laws as copyrighted works. No materials from this web site may
be copied, reproduced, republished, uploaded, posted, transmitted or
distributed in any way without the express written permission of
LongIslandJam.com, except that you may download one copy of the materials
on any single computer for your personal, non-commercial home use only,
provided that (i) you keep intact all copyright and other proprietary
notices; (ii) you do not modify any of the materials; (iii) you do not use
any materials, without the express written permission of
LongIslandJam.com, in a manner that suggests an association with any of
LongIslandJam.com’s products, services or brands and (iv) you do not
download quantities of materials to a database, including those that can
be used to avoid future downloads from this web site. For purposes of
these Terms of Use, the use of any such materials on any other web site or
computer environment is prohibited without the express written permission
of LongIslandJam.com.
Anyone who displays, reproduces, copies, creates derivative
works or sells our textual, photographic, video or audiovisual programs
for commercial or non-commercial purposes without permission from
LongIslandJam.com violates the copyright laws and is liable for copyright
infringement.
If you download software or applications from
LongIslandJam.com, the software or applications, including any files,
images incorporated in or generated by the software or applications, and
data and instructions accompanying the software or applications
(collectively, the “Software”) are licensed to you by
LongIslandJam.com or our third party licensors for your personal,
non-commercial home use only. We do not transfer title to the Software to
you, and LongIslandJam.com (or our third party licensors) retains full and
complete title to the Software and all intellectual property rights in the
Software. You may not redistribute, sell, de-compile, reverse engineer,
disassemble or otherwise reduce any of the Software to readable form.
Liability for copyright or trademark infringement
involves the potential for significant civil damages, including in
particular cases, statutory damages, liability for up to three times
actual damages, and attorneys fees.
If you have any questions regarding this notice, please send
an email to permission@longislandjam.com.
SUBMISSIONS
At
times, LongIslandJam.com may solicit from visitors to this web site,
information which includes but is not limited to, creative ideas,
concepts, know-how, techniques, suggestions, ideas, artwork or other
materials (collectively, "Submissions") and at other times
LongIslandJam.com does not solicit such Submissions. Nevertheless, by
submitting any submission, you are automatically granting
LongIslandJam.com a perpetual, royalty-free, non-exclusive, unrestricted,
worldwide and irrevocable right and license to use, reproduce, modify,
publish, translate, prepare derivative works based upon, distribute,
perform or display such Submissions, in whole or in part, in any form,
media or technology known or hereafter developed for any purpose,
including, but not limited to, advertising and promotional purposes
(collectively, "Rights"). This means that anything submitted by
you to this web site will be owned by LongIslandJam.com and may be used by
LongIslandJam.com for any purpose, now or in the future, without any
payment to, or further authorization by, you. If, at our request, you send certain specific submissions
(e.g., postings to chat, boards, or contests) or, despite our request, you
send us creative suggestions, ideas, notes, drawings, concepts, or other
information (collectively, the "Submissions"), the Submissions
shall be deemed, and shall remain, our property. LongIslandJam.com also has the right, but not the
obligation, to use your name in connection with the broadcast, print,
online or other use or publication of your Submission. We assume no
responsibility for reviewing such Submissions and we will not incur any
liability as a result of any similarities between your Submissions and
future LongIslandJam.com products or programs. In the event you do submit
unsolicited Submissions, such Submissions shall be deemed, and shall
remain, the property of LongIslandJam.com. As is the case with solicited
Submissions, the submission of any unsolicited Submission shall constitute
a grant by you to LongIslandJam.com of the Rights described above.
FORUMS AND PUBLIC COMMUNICATION
"Forum"
means a chat area, message board, or e-mail function offered as part of
LongIslandJam.com. If you participate in any Forum within
LongIslandJam.com, you must not:
- Make any bigoted, hateful, or racially offensive
statements;
- Advocate illegal activity or discuss illegal activities
with the intent to commit them;
- Post or distribute any material that infringes and/or
violates any right of a third party or any law;
- Post or distribute any vulgar, obscene, discourteous, or
indecent language or images;
- Advertise or sell to or solicit others;
- Use the Forum for commercial purposes of any kind;
- More
than two screen names per IP address, unless given permission prior to
signing up for Services.
- Post or distribute any software or other materials that
contain a virus or other harmful component; or
- Post material or make statements that do not generally
pertain to the designated topic or theme of any chat room or bulletin
board.
- Impersonate an individual or entity.
- Try to gain unauthorized
access to the Services, other users' accounts, or computers connected
to the Services though password mining or other means.
- Violate any applicable laws or
regulations, including, but not limited to, laws regarding the
transmission of technical data or software exported from the United
States through the Services.
- Interfere with another user's
use and enjoyment of the Services or any other individual's user and
enjoyment of similar services.
It is our policy to
respect the privacy of all customers. Therefore, in addition to the
privacy of Registration data (see our Privacy Policy), we will not
monitor, edit, or disclose the contents of a customer's e-mail unless (a)
you authorize us to do so, (b) we must do so in order to resolve technical
problems on LongIslandJam.com; or (c) unless required to do so by law or
in the good-faith belief that such action is necessary to: (1) comply with
the law or comply with legal process served on us; (2) protect and defend
our rights or property; or (3) act in an emergency to protect the safety
of our customers or the public. Customers shall remain solely responsible
for the content of their messages.
We reserve the right
to remove or edit content from any Forum at any time and for any reason.
By
submitting a Posting, you authorize LongIslandJam.com to use, and
authorize others to use, such Postings in whole or in part, throughout the
universe in perpetuity in any and all media, now known or hereafter
devised, alone, or together or as part of other material of any kind or
nature. By submitting a Posting, you represent and warrant that you have
all necessary rights in such Posting and all information contained therein
and that such Posting does not contain libelous, or otherwise unlawful
information which may infringe upon the right of any third party. If your
Posting incorporates the name, voice, likeness or image of any individual,
you represent and warrant that you have the right to grant
LongIslandJam.com permission to use such name, voice, likeness and/or
image of such individual appearing in the Posting in all media throughout
the world in perpetuity. Without limiting the foregoing, LongIslandJam.com
will have the right to use and change the Postings in any manner that
LongIslandJam.com may determine. Please be advised that in no event shall
LongIslandJam.com assume or have any responsibility or liability for the
manner in which the Posting is exploited or for any claim, damages or
losses resulting from their use and/or appearance on LongIslandJam.com, or
elsewhere. Please also understand that your Postings shall not be returned
by LongIslandJam.com.
You
agree to defend, indemnify and hold Wolf Pack, Inc., its parent,
affiliated subsidiary and/or related entities and parties harmless from
and against any breach or alleged breach of any of your representations,
warranties or undertakings hereunder.
LongIslandJam.com
is not liable for failure to monitor or edit messages sent over the
Services. LongIslandJam.com does not endorse the content of users'
communications and does not assume liability for any threatening,
libelous, obscene, harassing or offensive material contained therein, User
is responsible for maintaining the confidentiality of user's passwords and
for all activities which occur under user's account.
LongIslandJam.com
may terminate the Services at any time with or without cause.
LongIslandJam.com shall not be liable to user of any other party for
termination of the Services. If user should object to any of the terms and
conditions of the Services, user may 1) discontinue use of the Services or
2) cancel his/her membership to the Services by sending an email from the
email address submitted during registration to remove@longislandjam.com.
The subject lines of the mail should read "remove
<username>" where <username>represents the name the user
uses to log in. The body of the email should include the member's
username, password, and email address. LongIslandJam.com will send a
confirmation when the user's account is deleted Upon termination of the
Services, LongIslandJam.com will have no further obligation thereafter to
forward any unread or unsent messages to user or any other party.
When participating in
a Forum, never assume that people are who they say they are, know what
they say they know, or are affiliated with whom they say they are
affiliated with in any chat room, message board, or other user- generated
content area. Information obtained in a Forum may not be reliable, and it
is not a good idea to trade or make any investment decisions based solely
or largely on information you cannot confirm. We cannot be responsible for
the content or accuracy of any information, and shall not be responsible
for any trading or investment decisions made based on such information.
CONTENT LINKED TO
LONGISLANDJAM.COM
Please exercise
discretion while browsing the Internet using LongIslandJam.com. You should
be aware that when you are on LongIslandJam.com, you could be directed to
other sites that are beyond our control. There are links to other sites
from LongIslandJam.com pages that take you outside of our service. For
example, if you click on a banner advertisement or a search result, the
click may take you off the LongIslandJam.com. This includes links from
advertisers, sponsors, and content partners that may use our logo(s) as
part of a co-branding agreement. These other sites may send their own
cookies to users, collect data, solicit personal information, or contain
information that you may find inappropriate or offensive. In addition,
advertisers on LongIslandJam.com may send cookies to users that we do not
control.
We reserve the right
to disable links from third-party sites to LongIslandJam.com.
We make no
representations concerning the content of sites listed in any of our
directories. Consequently, we cannot be held responsible for the accuracy,
relevancy, copyright compliance, legality, or decency of material
contained in sites listed in our search results or otherwise linked to
LongIslandJam.com.
Please keep in mind
that whenever you give out personal information online --- for example,
via message boards or chat --- that information can be collected and used
by people you don't know. While LongIslandJam.com strives to protect your
personal information and privacy, we cannot guarantee the security of any
information you disclose online; you make such disclosures at your own
risk.
DISCLAIMER
THE MATERIALS IN
LONGISLANDJAM.COM ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON LONGISLANDJAM.COM WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
LONGISLANMDJAM.COM OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
MATERIALS ON LONGISLANDJAM.COM IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU.
We explicitly disclaim
any responsibility for the accuracy, content, or availability of
information found on sites that link to or from LongIslandJam.com. We
cannot ensure that you will be satisfied with any products or services
that you purchase from a third-party site that links to or from
LongIslandJam.com or third-party content on our sites. We do not endorse
any of the merchandise, nor have we taken any steps to confirm the
accuracy or reliability of, any of the information contained in such
third-party sites or content. We do not make any representations or
warranties as to the security of any information (including, without
limitation, credit card and other personal information) you might be
requested to give any third-party, and you hereby irrevocably waive any
claim against us with respect to such sites and third-party content. We
strongly encourage you to make whatever investigation you feel necessary
or appropriate before proceeding with any online or offline transaction
with any of these third parties.
Search and Directory
are free services offered by us. Because the Web changes constantly, no
search engine technology can possibly have all accessible sites at any
given time. Thus, we explicitly disclaim any responsibility for the
content or availability of information contained in our search index or
directories.
CONTESTS, SWEEPSTAKES, AND OTHER
ACTIVITIES
LongIslandJam.com
provides Rules of Participation for certain activities on this Site
including, without limitation, contests, sweepstakes, and other activities
by LongIslandJam.com and in conjunction with third parties. This Agreement
is incorporated by reference to the specific Rules of Participation, which
appear in connection with information about a particular activity. To the
extent that any conflict exists between this Agreement and specific Rules
of Participation, the Rules of Participation for the activity in which you
choose to participate shall govern.
SHOPPING
All
of our products are guaranteed against defects for 30 days from the date
of the invoice. In the event that a product you purchase from us is
defective during such 30 day period, please contact shop@longislandjam.com.
Except as expressly stated herein, we expressly disclaims all warranties,
express or implied, of any kind with respect to products sold on the Site,
including but not limited to, merchantability and fitness for a particular
purpose. You agree that our sole and exclusive maximum liability arising
from any product sold on the Site shall be the price of the product
ordered. In no event shall we, LongIslandJam.com, its parent company Wolf
Pack, Inc., its directors, officers, employees or other
representatives be liable for special, indirect, consequential, or
punitive damages related to product sold.
In
the event a product is listed at an incorrect price or with incorrect
information due to typographical error or error in pricing or product
information received from our suppliers, we shall have the right to refuse
or cancel any orders placed for product listed at the incorrect price. We
shall have the right to refuse or cancel any such orders whether or not
the order has been confirmed and your credit card charged. If your credit
card has already been charged for the purchase and your order is canceled,
we shall immediately issue a credit to your credit card account in the
amount of the charge.
Your
receipt of an electronic or other form of order confirmation does not
signify our acceptance of your order, nor does it constitute confirmation
of our offer to sell. We reserve the right at any time after receipt of
your order to accept or decline your order for any reason. We reserve the
right at any time after receipt of your order, without prior notice to
you, to supply less than the quantity you ordered of any item. All orders
placed over $500.00 (U.S.) must obtain pre-approval with an acceptable
method of payment, as established by our credit and fraud avoidance
department. We may require additional verifications or information before
accepting any order. We are a reseller to end user customers and do not
accept orders from dealers, exporters, wholesalers, or other customers who
intend to resell the products offered by us.
We
shall automatically charge and withhold the applicable sales tax for
orders to be delivered to addresses within New York. Each customer shall
be solely responsible for all sales taxes, or other taxes, on orders
shipped to any other state.
All
requests for technical service and support should be made directly to the
manufacturer in accordance with their terms and conditions. We will
provide on-line technical notes on most computer hardware & software
products as well as links to the technical support departments of the
manufacturers.
CREDIT CARDS
LongIslandJam.com
takes the issue of your privacy seriously. We provide your credit card
number, billing and shipping information to participating merchants from
whom you buy goods or services. The merchants are solely responsible for
how they use that information and any other information they independently
acquire from you or about you. Otherwise, we do not share your credit card
information with anyone else. For more information, please read our
Privacy Policy.
To protect the
security of your credit card information, we employ the industry-standard
Secure Sockets Layer (SSL) technology. We also encrypt your credit card
number when we store your order and whenever we transfer that information
to participating merchants.
SUBSCRIPTIONS/BILLING
Some services offered
on LongIslandJam.com are subscription-based services. If you open a
subscription- based account with any of our sites, you hereby agree to pay
all charges to your account, including applicable taxes, in accordance
with billing terms in effect at the time the fee or charge becomes
payable. We reserve the right to change the amount of, or basis for
determining, any fees or charges for services we provide, and to institute
new fees, charges, or terms effective upon prior notice to customers. We
reserve the right to terminate any account at any time for any reason.
LongIslandJam.com
agrees that it will terminate Customer's account upon notice from
Customer. If cancellation is received within the first 30 days of Customer
signing up for a service, Customer will be refunded all subscription fees
for that service, but Customer will still be obligated to pay any other
charges incurred. If Customer cancels a service after 30 days of signing
up for a service, no refund for unused time on such service will be made.
If Customer has a balance due on any LongIslandJam.com account, Customer
agrees that LongIslandJam.com can charge these unpaid fees to their credit
card.
Please Note: Your
Subscription will be automatically renewed and your credit card account
will be charged as follows:
- Every Month for Monthly Subscriptions
- Upon every one (1) year anniversary for Annual
Subscriptions
- Upon every six (6) Months for six (6) Month
Subscriptions
The renewal charge
shall be equal to the original customer signup price, unless otherwise
notified in advance by LongIslandJam.com. Customer will have thirty (30)
days after the date that any renewal fee is posted to Customer's charge
account to give notice that he or she wishes to cancel his or her
subscription. The subscription will be cancelled upon receipt of such
notification and a credit will be posted to Customer's charge account
equal to the latest renewal fee charged.
Customer's right to
use the Service is subject to any limits established by LongIslandJam.com
or by Customer's credit card issuer. If payment cannot be charged to
Customer's credit card or Customer's charge is returned for any reason,
including chargeback, LongIslandJam.com reserves the right to either
suspend or terminate Customer's access and account, thereby terminating
this Agreement and all obligations of LongIslandJam.com hereunder.
If Customer has reason
to believe that Customer's account is no longer secure (for example, in
the event of a loss, theft or unauthorized disclosure or use of Customer's
ID, password, or any credit, debit or charge card number stored on the
LongIslandJam.com of the problem to avoid possible liability for any
unauthorized charges to Customer's account.
INDEMNIFICATION
You are entirely
responsible for maintaining the confidentiality of your Password and
account and for all activities that occur under your account. You hereby
indemnify, defend, and hold us and our affiliates and our officers,
directors, owners, agents, information providers, affiliates, licensors,
and licensees (collectively, the "Indemnified Parties") harmless
from and against any and all liabilities and costs (including reasonable
attorneys' fees') incurred by the Indemnified Parties in connection with
any claim arising out of any breach by you of this Agreement or claims
arising from your account. You shall use your best efforts to cooperate
with us in the defense of any claim. We reserve the right, at our own
expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
UNDER NO
CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE,
LONGISLANDJAM.COM OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU,
IF ANY, FOR ACCESSING LONGISLANDJAM.COM.
JURISDICTIONAL ISSUES
Unless otherwise
specified, the materials in LongIslandJam.com are presented solely for the
purpose of providing news, promoting programs, and other products available in the United
States and its territories, possessions, and protectorates.
LongIslandJam.com is controlled and operated by Wolf Pack, Inc. and
its affiliates from its U.S. offices in New York. We make no
representation that materials on LongIslandJam.com are appropriate or
available for use in any particular location. Those who choose to access
LongIslandJam.com do so on their own initiative and are responsible for
compliance with local laws, if and to the extent local laws are
applicable. Software from this site is further subject to United States
export controls. No software from this site may be downloaded or otherwise
exported or reexported (i) into (or to a national or resident of) Cuba,
Iraq, Libya, North Korea, Iran, Syria, or any other country to which the
U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. By downloading or using the Software,
you represent and warrant that you are not located in, under the control
of, or a national or resident of any such country or on any such list.
TERMINATION
These terms are
effective until terminated by either party. You may terminate these terms
at any time by discontinuing use of LongIslandJam.com and destroying all
materials obtained from any and all such sites and all related
documentation and all copies and installations thereof, whether made under
these terms or otherwise. Your access to not only LongIslandJam.com, but
any and all Wolf Pack, Inc. Sites may be terminated immediately
without notice from us if in our sole discretion you fail to comply with
any term or provision of these terms. Upon termination, you must cease use
of the LongIslandJam.com and destroy all materials obtained from such site
and all copies thereof, whether made under these terms or otherwise.
GENERAL PROVISIONS
These terms shall be
governed by and construed in accordance with the laws of the State of New
York, without giving effect to any principles of conflicts of law. You
agree that any action at law or in equity arising out of or relating to
these terms shall be filed only in the state or federal courts located in
Nassau County, New York, and you hereby consent and submit to the personal
jurisdiction of such courts for the purposes of litigating any such
action. If any provision of these terms shall be unlawful, void, or for
any reason unenforceable, then that provision shall be deemed severable
from these terms and shall not affect the validity and enforceability of
any remaining provisions. This is the entire agreement between us relating
to the subject matter herein and shall not be modified except in writing,
signed by both parties.
|
