J WORLD TERMS & CONDITIONS
- Acceptance. Please carefully review these terms of use as they contain the legal terms and conditions that you agree to when you visit, use and contribute content to the J WORLD website. By using, visiting and/or contributing content to the J WORLD website (the "Service") you agree to be bound to these terms of use, as well as Onestop Internet, Inc. ("Onestop") and J Brand, Inc.'s ("J Brand") "Terms and Conditions", found at http://www.jbrandjeans.com/terms.html and "Privacy Policy" found at http://www.jbrandjeans.com/privacy_policy.html. These Terms of Use, the Terms and Conditions and Privacy Policy are collectively referred to herein as "Terms." If you do not agree to any of these Terms, please do not use, visit and/or contribute content to the Service. Onestop and J Brand may, in their sole discretion, modify and/or revise any of these Terms at any time and you hereby agree to be bound by such modifications and/or revisions. In addition, you hereby affirm that you are 18 years of age or older and are fully able and competent to enter into the Terms and agreements set forth herein.
- Contributing Content. You may contribute content, such as graphics, photographs, videos and limited personal information, such as first name and city of residence ("Content") for posting to the Service and understand and agree that J Brand may, at any time and without notice, and in its sole discretion, remove such Content from the Service and/or terminate your account. You understand that the general public will be able to view the Content you contribute to the Service and that such Content will not be confidential.
- Responsibility for Content. You understand and agree that you are solely responsible for the Content you submit to the Service and you further understand and agree that you are solely responsible for the consequences of submitting and publishing your Content on the Service. You hereby represent, warrant, confirm that you are legally entitled to upload the Content you contribute and affirm that you own the Content and/or possess all requisite assignments, licenses, rights, consents, and permissions to publish the Content you submit, including, without limitation, copyright, privacy, and right to publicity licenses and/or waivers. You further agree that any personal information, including registration information, that you give will always be accurate, correct and up to date.
- License to J Brand and Onestop. You understand and agree that by uploading, contributing and/or submitting Content to the Service, you hereby grant J Brand and Onestop a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, and transferable license to use, copy, reproduce, distribute, process, adapt, modify, prepare derivative works of, display, publish, transmit, distribute, sublicense and perform the Content in connection with the Service and J Brand's business, including J Brand's marketing, advertising, and promotion of its products in all media formats now known or hereinafter developed. You also understand and agree that by submitting Content, you hereby grant J Brand and Onestop the right to exploit the Content, including your name, image, photograph and likeness and you hereby waive any rights of privacy or publicity or moral rights, whether granted by statute or common law, that you may have in connection with the Content or the Service.
- Conduct. You agree not to use the Service: (a) for any commercial purpose; (b) for any unlawful purpose, including the infringement of any intellectual property rights (including, copyright, trademark, patent, trade secret and moral rights) or the violation of any right of privacy and/or publicity or impersonating any person or entity; (c) to post, display or otherwise transmit Content that you are not authorized to post or that is offensive, obscene, pornographic, defamatory, libelous, abusive, harmful, menacing, unlawful, illegal or otherwise objectionable; (d) to post, display or otherwise transmit any Content that may cause harm to the Service, the website, or any computer systems, including but not limited to content that contains any virus, bug, trojan horse, robot, spider, offline reader, worm, data or other files or programs designed to damage, defect, corrupt, cause malfunction or which may allow unauthorized access to the Service or any computer system; or (e) to disable, circumvent or otherwise interfere with security-related features of the Service or features that prevent or limit the ability to download, access or copy content.
- Indemnification. You understand and agree that you are personally responsible for your visiting, using and contributing Content to the Service. To the fullest extent permitted by applicable law, you hereby agree to indemnify, defend and hold harmless J Brand, Onestop, and their officers, directors, employees, agents, affiliated companies, joint venturers, business partners, licensors from and against any and all claims, damages, losses, expenses, liabilities, debts, obligations and costs (including, without limitation, direct, indirect, incidental, consequential, special, exemplary and punitive damages), and reasonable attorneys' fees, resulting from or arising out of (a) your visiting, use or contributing Content to the Service, (b) your violation of any of these Terms or your misuse of the Service, and (c) your violation of any third party right, including, but not limited to, any copyright, trademark, trade dress, trade secret, patent, property, publicity or privacy right. Your obligation to defend and indemnify shall survive these Terms and your use of the Service.
- Limitation of Liability and Disclaimer of Warranty. YOU UNDERSTAND AND AGREE THAT YOUR VISITING, USING AND/OR CONTRIBUTING TO THE SERVICE IS AT YOUR OWN RISK AND IN YOUR OWN DISCRETION. THE SERVICE IS PROVIDED "AS IS" AND TO THE FULLEST EXTENT OF THE LAW, J BRAND, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES WHATSOEVER, INCLUDING ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES. J BRAND DISCLAIMS ANY AND ALL WARRANTIES FOR (A) PROPERTY DAMAGE OR PERSONAL INJURY RESULTING FROM VISITING, USING OR CONTRIBUTING TO THE SERVICE; (B) LOSS OR DAMAGE OF ANY KIND INCURRED DUE TO THE UPLOADING OF ANY CONTENT TO THE SERVICE; (C) THE SECURITY, RELIABILITY, AND PERFORMANCE OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION, ANY UNAUTHORIZED ACCESS TO OUR SERVERS AND THE PERSONAL OR FINANCIAL INFORMATION STORED THEREIN.
YOU UNDERSTAND AND AGREE THAT YOUR VISITING AND USE OF THE SERVICE AND YOUR SUBMISSION OF ANY DIGITAL CONTENT AND/OR THE DOWNLOAD AND/OR UPLOAD OF ANY CONTENT TO THE SERVICE IS AT YOUR RISK AND IN YOUR OWN DISCRETION AND THAT J BRAND WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU, YOUR CONTENT, AND/OR COMPUTER SYSTEM OR NETWORK RESULTING FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR YOUR USE OF THE SERVICE.
TO THE FULLEST EXTENT ALLOWED BY LAW, J BRAND, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENT SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF (A) THE USE OF OR INABILITY TO USE THE SERVICE; (B) THE CONDUCT OR CONTENT OF THIRD PARTIES USING THE SERVICE; (C) J BRAND'S OPERATION AND MAINTENANCE OF THE SERVICE; (D) VIRUSES, BUGS, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY THIRD PARTIES; (E) ANY UNAUTHORIZED ACCESS TO OUR SERVERS AND THE PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; (F) ANY ERRORS, OMISSIONS, LOSS OR DAMAGE OF ANY KIND INCURRED DUE TO THE UPLOADING OF ANY CONTENT TO THE SERVICE. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- Reporting Alleged Violations of Your Copyrights/Digital Millennium Copyright Act. If you are a copyright owner and believe that the copyright in your work has been violated through the Service, you may submit notification pursuant to the Digital Millennium Copyright Act ("DMCA") to J Brand's copyright agent at copyrightagent@jbrandjeans.com, or to J Brand, Inc., attention Copyright Agent, 1201 East Washington Blvd., Los Angeles, CA 90021. You must provide J Brand's copyright agent with the following information in writing: (a) identify your copyright and the material on the Service that you contend infringes your copyright, with sufficient detail to enable J Brand to locate the allegedly infringing work on the Service; (b) state your name, address, telephone number and email address; (c) provide a statement that you have a good faith belief that the alleged infringement is not authorized by the copyright owner, its agent, or the law; (d) provide a statement, under penalty of perjury, that (i) the information you have provided to J Brand is accurate, and (ii) you are the owner of the copyright involved or you are authorized to act on behalf of the copyright owner; and (e) provide your written/physical or electronic signature.
- Trademarks. All brand, product and service names used in this Service are proprietary trademarks owned by J Brand, Inc. Nothing contained in these Terms or in connection with your visiting, using, and/or contributing to this Service shall be deemed to confer on you or any person or entity any license or right with respect to such trademarks, names, and/or logos.
- Applicable Law and Jurisdiction. The Terms shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the courts located within Los Angeles County to resolve any disputes arising under or in connection with these Terms or your visiting, use or contribution of Content to the Service. You further agree that this Service shall be deemed as based solely in California and that the Service is a passive website that does not give rise to personal jurisdiction over J Brand, either specific or general, in jurisdictions other than California.
- Entire Agreement. These Terms contain the entire understanding of you and J Brand concerning the Service and these Terms may not be amended except by a writing signed by each of the parties. If any provision of these Terms shall be unlawful, void or unenforceable in whole or in part for any reason, such provision or such part thereof shall be deemed separate from and shall in no way affect the validity or enforceability of the remainder of these Terms. You further agree that J Brand's failure to assert a right under these Terms shall not be deemed a waiver thereof and you agree that any claim or cause of action brought pursuant to these Terms or arising out of or related to the Service must be commenced within one year after such claim or cause of action accrues.