Date of Last Revision: March 30, 2011
•Account-Related Activity. Certain activities on the Site require you to have an account. We ask for some personal information when you create an account, including but not limited to your email address and a password, which is used to protect your account from unauthorized access. An account allows you to access many of our services that require registration.
If you are required to register as a sex offender in any jurisdiction, you may not register for a user account.
If you choose to register for an account, you agree to provide accurate, complete information about you as requested during the registration process ("Registration Process"). You will provide all content and other materials for posting on the Site in accordance with the J & L Home Accents L.L.C. policies in effect from time to time including, without limitation, the manner of transmission to the J & L Home Accents L.L.C.. You will also be fully responsible for all use of your account and for any actions that take place using your account.
Right to Reject and Retain Content
User Conduct While on Site
Prohibited Content and Activities
1.Harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
2.Use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site.
3.Use automated scripts to collect information from or otherwise interact with the Service or Site.
4.Engage in any commercial activity unless expressly approved in writing by J & L Home Accents L.L.C..
5.Engage in unauthorized framing of or linking to the Site.
6.Engage in unsolicited or unauthorized advertising of promotional materials of any kind.
7.Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, pornographic or otherwise sexually explicit, graphically violent, gory, depicting gratuitous blood or mutilation, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
8.Upload, post, transmit, share, store or otherwise make available any content or material that we deem to be blatantly disrespectful, attacking, insulting, bigoted, ridiculing, mocking, disparaging, libelous and/or hateful.
9.Register for a User account on behalf of an individual other then yourself without the consent of that individual, or register for a User account on behalf of any group or entity without the consent of the group or entity.
10.Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity, and/or make any other false or misleading statements of any kind whatsoever.
11.Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising solicitations, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” and/or any other form of solicitation.
12.Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers and/or credit card numbers.
13.Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes.
14.Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
15.Engage in any activity which may be deemed as harassment, intimidation, or stalking of any kind.
16.Upload, post, transmit, share or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
17.Use or attempt to use another’s account, service or system without authorization from J & L Home Accents L.L.C., or create a false identity on the Service or Site.
18.Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of J & L Home Accents L.L.C., is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose J & L Home Accents L.L.C. or its users to any harm or liability of any type.
19.Upload, post, transmit, share, store or otherwise make available content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from the rightful owner to do so.
J & L Home Accents L.L.C. reserves the right to restrict the number of emails which a user may send to other users in any twenty-four (24) hour period to a number that J & L Home Accents L.L.C. deems appropriate in its sole discretion. If you send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Site you acknowledge that you will have caused substantial harm to J & L Home Accents L.L.C. that will be difficult, if not impossible, to ascertain. As liquidated damages for such harm, you agree to pay J & L Home Accents L.L.C. twenty-five dollars ($25.00) for each such unsolicited email or other unsolicited communication you sent through the Site. Such liquidated damages shall be in addition to any and all other rights, remedies and damages to which J & L Home Accents L.L.C. this Web Network may be entitled to under this Agreement, at law or in equity.
While J & L Home Accents L.L.C. assumes no responsibility for monitoring the Site, it will, when it deems it appropriate, investigate activity in connection with the Site that J & L Home Accents L.L.C. believes may be illegal, unauthorized or a breach of the terms of this Agreement. If deemed appropriate by J & L Home Accents L.L.C., it will initiate appropriate legal action with respect to such activities, including without limitation, criminal, civil and injunctive redress. J & L Home Accents L.L.C. reserves the right to restrict your activity on, and/or block your access to, the Site at any time for any reason without notice to you.
User Content Posted to the Site
You represent and warrant that you have all rights in and to your User Content (whether through ownership or licenses, consents, and permissions from the owner) required for you to lawfully submit your User Content to the Site and grant the rights to your User Content provided in the Agreement. You further represent and warrant that your User Content posted to the Site has all required licenses, consents, releases and/or permissions to use the name and/or likeness of each identifiable individual person in your User Content in the manner contemplated by the Site and this Agreement and the posting and transmission of your User Content does not violate the privacy rights, publicity rights, copyrights, patents, trademarks, contact rights or any other rights of any person or entity.
User Generated Content – Content License
By Submitting User Content to the site you hereby grant to J & L Home Accents L.L.C. a non-exclusive, royalty-free, sub-licenseable, transferable and worldwide license to access, use, modify, perform, display, reproduce, copy, prepare derivative works of, transmit, publish and distribute User Content, and all patents, copyrights, trademarks and other proprietary rights therein, in connection with the Service and the Site and the business of J & L Home Accents L.L.C., including without limitation for promoting, transmitting and distributing the Site, the Services, or any part or derivative thereof, in and through any media and channels. By submitting User Content to the Site you further hereby grant to J & L Home Accents L.L.C. a non-exclusive, royalty-free, sub-licensable, transferable and worldwide license to access, use, modify, perform, display, reproduce, copy, prepare derivate works of, transmit, publish and distribute through any media and channels. You also hereby grant to each user of the Site a non-exclusive, royalty-free, worldwide license to access, use, modify, perform, display, reproduce, copy, prepare derivate works of, transmit, publish and distribute User Content for their personal, non-commercial use as permitted through the Service and Site. You are solely responsible for User Content and the consequences of User content being posted on the Site and/or distributed through the Service and Site, and J & L Home Accents L.L.C. right to use the User Content under this license shall not lapse even if your association is terminated with the Service and/or Site. J & L Home Accents L.L.C. reserves the right to continue to display User content that it deems appropriate in its sole discretion. You agree that you are solely responsible to pay all royalties, fees, taxes and any monies owing to any entity or person by reason of posting your Content on the Service and/or Site, and agree to indemnify and hold harmless J & L Home Accents L.L.C. from any liability related to such.
Website Administration and Security
License from J & L Home Accents L.L.C.
Limitation of Liability
IN NO EVENT SHALL J & L Home Accents L.L.C. OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, EQUITY, NEGLIGENCE, TORT OR OTHERWISE, ARISING FROM OR RELATED TO YOUR ACCESS OR USE OF THE SITE AND/OR SERVICES, EVEN IF J & L Home Accents L.L.C. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF J & L Home Accents L.L.C. OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO J & L Home Accents L.L.C. FOR YOUR REGISTRATION WITH THE SITE AND YOUR USE OF THE SERVICES DURING THE TERM OF YOUR USE OR $100. NO CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, THE SERVICES, CONTENT OR USER CONTENT MAY BE BROUGHT BY YOU AGAINST J & L Home Accents L.L.C. MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUED. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
YOU SPECIFICALLY ACKNOWLEDGE THAT J & L Home Accents L.L.C. SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL J & L Home Accents L.L.C. HAVE ANY LIABILITY WHATSOEVER FOR ANY UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT, DESTRUCTION OR LOSS OF INFORMATION, MATERIALS OR CONTENT STORED, HOSTED, STREAMED OR UPLOADED ON OR THROUGH, TRANSMITTED TO, LINKED FROM, POSTED, PUBLISHED OR OTHERWISE MADE AVAILABLE FOR DISTRIBUTION VIA THE SITE AND/OR SERVICE. YOU SHOULD ENSURE THAT YOU MAINTAIN A COMPLETE AND CURRENT COPY AND ALL INFORMATION, CONTENT OR MATERIALS POSTED THEREON AT A LOCATION REMOTE FROM THE SITE. J & L Home Accents L.L.C. EXPRESSLY DOES NOT GUARANTEE THE AVAILABILITY OF ANY CONTENT, INFORMATION OR MATERIALS STORED, HOSTED, STREAMED OR UPLOADED ON OR THROUGH, TRANSMITTED TO, LINKED FROM, OR POSTED OR PUBLISHED ON THE SITE.
The Site and Services are controlled and offered by J & L Home Accents L.L.C. from its facilities in the United States of America. J & L Home Accents L.L.C. makes no representations that the Site and Services are appropriate or available for use in other locations. Those who access or use the Site and/or Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Representations, Warranties and Indemnification
YOU REPRESENT AND WARRANT THAT: (A) YOU HAVE ALL RIGHTS IN AND TO YOUR USER CONTENT (WHETHER THROUGH OWNERSHIP OR LICENSES, CONSENTS, AND PERMISSIONS FROM THE OWNER) REQUIRED FOR (I) YOU TO LAWFULLY SUBMIT YOUR USER CONTENT TO THE SITE AND/OR SERVICE AND GRANT THE RIGHTS TO YOUR USER CONTENT PROVIDED IN THIS AGREEMENT, AND (II) YOUR USER CONTENT TO BE POSTED AND TRANSMITTED TO AND THROUGH THE SITE OR HOME PAGES FOR THE PURPOSES CONTEMPLATED BY THE SITE, THE SERVICE AND THIS AGREEMENT; (B) YOU HAVE ALL REQUIRED LICENSES, CONSENTS, RELEASES AND/OR PERMISSIONS TO USE THE NAME AND/OR LIKENESS OF EACH IDENTIFIABLE INDIVIDUAL PERSON IN YOUR USER CONTENT IN THE MANNER CONTEMPLATED BY THE SITE, THE SERVICE AND THIS AGREEMENT, AND (C) THE POSTING AND TRANSMISSION OF YOUR USER CONTENT ON AND THROUGH THE SITE OR HOME PAGES FOR THE PURPOSES CONTEMPLATED BY THE SITE, THE SERVICE AND THIS AGREEMENT DOES NOT VIOLATE THE PRIVACY RIGHTS, PUBLICITY RIGHTS, COPYRIGHTS, PATENTS, TRADEMARKS, CONTRACT RIGHTS OR ANY OTHER RIGHTS OF ANY PERSON OR ENTITY.
Disclaimer of Warranties
J & L Home Accents L.L.C. MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S AND/OR SERVICE’S CONTENT OR THE CONTENT OF ANY SITES AND/OR SERVICES LINKED TO THIS SITE AND/OR SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE AND/OR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 SITE.
Disputes Between Users
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