WEBSITE TERMS AND CONDITIONS OF USE
This Website Terms and Conditions of Use Agreement (“Agreement”) is between J&J Ventures Gaming, LLC (“J&J Ventures”) and you (“User,” “You” or “Your”) and is a legal agreement between You and J&J Ventures. This Agreement is effective as of the date You access the J&J Ventures website. This Agreement states the terms and conditions under which you may use the Site (as defined under Section 1 below). Please read this Agreement carefully before accessing and using the Site. By using and accessing the Site, You indicate that You have read and understand this Agreement and agree to be bound by this Agreement. If You do not accept this Agreement, You may not access or use the Site. J&J Ventures may revise this Agreement at any time without notice by updating this Agreement. You should visit this web page periodically to review the Agreement. If you have questions regarding this Agreement, please email firstname.lastname@example.org.
2. Unauthorized Use:
A. You shall not copy or download any content including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) or any third party Content from the Site without the prior written consent of J&J Ventures. You shall not modify, reverse engineer, reproduce, copy, display, publicly perform or distribute, including (without limitation) by framing or similar means, the Site, Content or third party Content or use the Site, Content or third party Content for public or commercial purposes. You shall not use the Site, Content or third party Content on any other website.
B. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends bulk requests to the Site or any associated servers. Notwithstanding the foregoing, J&J Ventures grants the operators of public search engines permission to use spiders to copy Content from the site for the sole purpose of creating publicly available searchable indices of the Site, but not caches or archives of the Site. J&J Ventures reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for any purpose, any users of the Site.
C. Additionally, You agree not to: (i) use any device, software, or routine that interferes with the proper working of the Site; (ii) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (iii) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site; (iv) attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or (v) otherwise attempt to interfere with the proper working of the Site.
3. Ownership and Title: Title to the Site and Content (excluding third party Content) including ownership rights to patents, copyrights, trademarks and trade secrets in connection with the Site and Content shall be the exclusive property of J&J Ventures.
4. Removal of Infringing Material/Copyright Agent:
A. J&J Ventures does not permit infringement of intellectual property rights on the Site. J&J Ventures will remove all Content or third party Content if properly notified that such Content or third party Content infringes on another’s intellectual property rights. J&J Ventures reserves the right to decide whether Content, or third party Content is appropriate.
B. If You believe that any Content infringes upon Your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or a representative list of such works if more than one work is at issue;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit J&J Ventures to locate the material;
(iv) Information reasonably sufficient to permit J&J Ventures to contact You, such as an address, telephone number, and email address;
(v) A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
J&J Ventures’ designated Copyright Agent to receive notifications of claimed infringement is:
Taft Stettinius & Hollister LLP
One Indiana Square, Suite 3500
Indianapolis, Indiana 46204
Telephone: (317) 713-3594
Fax: (317) 713-3699
You acknowledge and agree that if You fail to comply with all of the requirements of this Section 4(B), your DMCA notice may not be valid.
5. Trademarks: J&J Ventures shall retain all rights, title and ownership interests in the trademarks, trade names, service marks or trade dresses of J&J Ventures (the “J&J Ventures Marks”). Excepting the J&J Ventures Marks, all other product and company names mentioned on the Site may be the trademarks of their respective owners. These companies may or may not be affiliated with, connected to, or sponsored by J&J Ventures.
6. No Contest: You acknowledge that the Site, Content and third party Content are protected under laws, including (without limitation) United States of America and international laws and treaties. Except as otherwise provided for in this Agreement, you shall not contest or aid in contesting the ownership or validity of the copyrights, trademarks, service marks and trade secrets (as applicable) of J&J Ventures in connection with the Site and Content.
7. Warranties: You acknowledge and agree that J&J Ventures (including officers, employees, agents, directors and independent contractors of J&J Ventures) has not made or granted to You any express warranties concerning the Site or J&J Ventures products or services. Use and performance of any products and services referenced on the Site are subject to the J&J Ventures terms and conditions concerning such products and services as made available by J&J Ventures. You acknowledge that the Site does not constitute a grant of an express or implied warranty concerning any products and services and You waive any and all claims of warranty based on the Site.
8. WARRANTY LIMITATION: The site is provided “as is” without warranty of any kind. J&J VENTURES, to the fullest extent permitted by law, DISCLAIMS AND YOU WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY and warranty of non-infringement of third party rights. J&J VENTURES does not warrant and YOU waive any warranty that use of or access to the SITE by you will be uninterrupted or error free. J&J VENTURES does not make any warranty and you waive any and all warranties as to the results obtained from use of the Site or as to the accuracy, completeness, timeliness or reliability of THE SITE. you acknowledge and agree that use of the Internet and the Site shall be at your sole and exclusive risk and subject to the restrictions, terms and conditions, rules, regulations, policies AND applicable laws governing the Internet and the Site.
9. Inaccuracies: You acknowledge that the Site may contain errors, inaccuracies and omissions and assume any and all risk of loss, harm or damage associated with access to and use of the Site.
10. Limitation of Liability: J&J VENTURES shall not be liable for any lost profits or consequential, exemplary, incidental or punitive damages hereunder (including, without limitation, in connection with (i) use, performance or operation of the Site; (ii) use, performance or operation of the Internet or use of the Internet by you; and (iii) loss of data), regardless of the form of action, whether in contract or in tort, including negligence, regardless of whether J&J VENTURES has been advised of the possibility of such damages in advance or whether such damages are reasonably foreseeable.
11. Limitation of Damages: The liability of J&J VENTURES for any reason and for any cause of action whatsoever in connection with this Agreement and the Site, regardless of the form of action, whether in contract or in tort, including negligence, shall not exceed one hundred U.S. Dollars ($100).
12. Indemnification: You agree to release, defend, indemnify and hold harmless J&J Ventures (including its officers, directors, employees, affiliates, contractors and agents) against any expense, loss, cost or liability (including, without limitation, attorney fees) arising from any and all claims, demands, damages or actions resulting from or related to (i) use of the Site or the Internet by You (including, without limitation, any claims for breach of warranty, loss of data, libel, slander, invasion of privacy or false advertising); (ii) performance of the Site, (iii) Your negligence or acts (or any failure to act); or (iv) any breach by You of Your obligations under this Agreement.
13. Export Assurance: You agree not to perform any act in conflict with or in violation of the export laws and regulations of the United States of America.
14. Links: You acknowledge that the Site may contain links to third party websites which are provided solely as a convenience to You and do not constitute an endorsement by J&J Ventures of such websites and the third party content found there.
17. Severability: If a provision of this Agreement is rendered invalid, the remaining provisions shall remain in full force and effect.
18. Governing Law: The Site is based in Effingham, Illinois, and provided for use only by persons located in the United States. J&J Ventures provides the Site for use only by persons located in the United States, and makes no claims that the Site or any of the Content is accessible or appropriate outside of the United States. This Agreement and all matters relating to the Agreement, including any dispute or claim arising from the Agreement, shall be governed by the laws of the State of Illinois, without regard to any rules of conflict or choice of laws which require the application of laws of another jurisdiction. Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Site shall be instituted exclusively in the federal or state courts located in Cook County, Illinois. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
19. Notices to You: Notices to You shall be deemed delivered when delivered to You electronically, by commercial overnight delivery service, by Certified or Registered Mail – Return Receipt Requested – or by hand. Notices delivered to You electronically (including, without limitation, e-mail) shall be deemed written notices.
20. Notices to J&J Ventures: All notices shall be in writing. Notices to J&J Ventures shall be deemed delivered when delivered by commercial overnight delivery service, Certified or Registered Mail – Return Receipt Requested – or by hand to the following address:
J&J Ventures Gaming, LLC
1400 S. Raney Street
PO Box 1709
Effingham, Illinois 62401
21. Equitable Remedies: You acknowledge and agree that damages at law will be an inadequate remedy to J&J Ventures. In addition to other rights which may be available, J&J Ventures shall have the right of specific performance, injunction or other equitable remedy in the event of a breach or threatened breach of this Agreement by You.
22. Waiver: Waiver of a breach of this Agreement shall not constitute a waiver of any other breach. All remedies under this Agreement are in addition to equitable remedies and remedies provided by law and are cumulative. Failure to enforce any provision of this Agreement shall not constitute a waiver or create an estoppel from enforcing such provision. Any waiver of a provision of this Agreement shall not be binding unless such waiver is in writing and signed by the waiving party.
23. Public Announcements: All public announcements concerning the Site or the relationship of You and J&J Ventures shall be subject to the prior written approval of J&J Ventures.
24. Litigation Expense: In the event of litigation or arbitration arising out of this Agreement, each party shall pay its own costs and expenses of litigation or arbitration.
25. Termination: This Agreement may be terminated by J&J Ventures at any time without notice or cause. Any and all restrictions imposed upon You with respect to the Site and the Content and any and all disclaimers and limitations of liabilities set forth in this Agreement shall survive such termination.