Acceptance of Terms
Welcome to Jade Lighthouse. By using our website, you are agreeing to comply with and be bound by the following Terms of Service ("TOS"). Please read the following terms and conditions carefully. If you do not agree to these terms and conditions you should not use this website. The term "we", "us", or "our" refers to Jade Lighthouse, its owners, and employees. The term "you" refers to the user or viewer of our website.
Description of Services
We provide you with access to a variety of resources ("Services") including, but not limited to general information, tutorials, message and/or communication facilities, downloads, calendars, advertising, etc., and may include a Members Only section that can be accessed only by our staff and members. The Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to the TOS.
Use of Content
Use of all information, tutorials, data, text, software, music, sound, photographs, graphics, video, messages, tags, forums, polls, advertising, or other materials ("Content") is for informational and non-commercial or personal use only. You may not modify any Content, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, post on any network, broadcast in any media or sell any information, software, products or services obtained from the Services unless expressly permitted by us.
Intellectual Property
This web site contains material which is derived in whole or in part from materials supplied by us and various other sources. This website, including but not limited to its text, logos, content, photographs, flash animations, video, audio and graphics ("Intellectual Property"), is protected by copyrights, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Intellectual Property is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Services are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services.
Intellectual Property other than that belonging to us is licensed or otherwise published by us with the permission of the owner of the material. All rights in such materials are reserved to the respective owners.
No License Granted
You acquire absolutely no rights or licenses in or to the Services and materials contained therein other than the limited right to utilize the Services in accordance with the TOS. Should you choose to download content from the Services, you must do so in accordance with the TOS. Such download is licensed to you by us only for your own personal, noncommercial use in accordance with the TOS and does not transfer any other rights to you.
Rights Reserved
All present and future rights in and to the Intellectual Property and other proprietary rights of Jade Lighthouse of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Services shall, as between you and us, at all times be and remain the sole and exclusive property of Jade Lighthouse. All present and future rights in and title to the Services (including the right to exploit the Services and any portions of the Services over any present or future technology) are reserved to us for our exclusive use. Except as specifically permitted by the TOS, you may not copy or make any use of the Services or any portion thereof.
General Disclaimer
Your use of the Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We make NO WARRANTY that:
1. The Services will meet your requirements.
2. The Services will be uninterrupted, timely, secure or error-free.
3. The results that may be obtained from the use of the Services will be accurate or reliable.
4. The quality of any products, services, information or other material purchased or obtained by you through the Services will meet your expectation.
5. Any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the Services is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from us or through or from the Services shall create any warranty not expressly stated in the TOS.
Limits of Liability
You expressly understand and agree that we SHALL NOT be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:
1. The use or inability to use the Services.
2. The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services.
3. Unauthorized access to or alteration of your transmissions or data.
4. Statements or conduct of any third party on the Services.
5. Any other matter relating to the Services.
External Links
The Service may provide, or third parties may provide, links to other websites or resources. Because we have no control over such websites and resources, you acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, or reliance on, any such Content, goods or services available on or through any such websites or resources.
Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
You agree to use the Services solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity.
You may not use the Services in any manner that could damage, disable, overburden, or impair our website, or interfere with any other party's use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Services, computer systems or networks connected to our server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
You will not use the Services or the information contained therein in unsolicited mailings for spam material. You will not use any of our trademarks, trade names, or service marks in unsolicited mailings or spam material.
You will not spam or send unsolicited mailings to any person or entity using the Services. You agree to comply with any other applicable part of the TOS.
You agree to promptly notify us upon becoming aware of any unauthorized access or use of the Services by any party or any claim that the Services infringes upon any copyright, trademark or other contractual, statutory or common law rights.
Use of Communication Services
The Communication Services may contain forums, message boards, bulletin boards, chat rooms, calendars, polls, surveys, and/or other message or communication facilities designed to provide communication between us and you, or for you to communicate with other members of the Services. You agree to use the Communication Services only to view and post messages and material that are proper and, when applicable, related to the particular communication service. By way of example, and not as a limitation, you agree that you will NOT:
1. Use the Communication Services in connection with your own surveys or polls, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
2. Advertise or offer to sell or buy any goods or services.
3. Publish, post, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
4. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
5. Provide links to files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
6. Download any file posted by another user of the Services that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
7. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
8. Restrict or inhibit any other user from using and enjoying the Communication Services.
9. Harvest or otherwise collect information about others, including e-mail addresses.
10. Violate any applicable laws or regulations.
11. Violate any code of conduct or other guidelines which may be applicable for any particular part of the Services.
12. Create a false identity for the purpose of misleading others.
13. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Communication Services or other user or usage information or any portion thereof.
We reserve the right to review materials posted to the Communication Services and to remove any materials at its sole discretion. We reserve the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever.
All messages made available as part of the Communication Services and any opinions, advice, statements, or other information contained in any messages posted or transmitted by any third party are the responsibility of the author of that message and not of us (unless we are specifically identified as the author of the message). The fact that a particular message is posted on or transmitted using our website does not mean that we have endorsed that message in any way or verified the accuracy, completeness, or usefulness of any message.
Always use caution when giving out any personally identifiable information in any part of the Services. We do not control or endorse the content, messages or information found in any Communication Services and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services.
The Communication Services are NOT monitored 24/7.
General Information
The TOS constitute the entire agreement between you and us and govern your use of the Services, superceding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Jade Lighthouse services, affiliate services, third-party content or third-party software.
The TOS and the relationship between you and us shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and us agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Bexar, Texas.
Our failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Contact Information
You may refer any questions, concerns, or violations regarding the TOS to legal@jadelighthouse.com.
Jade Lighthouse 2006-2008 | All rights reserved.
