The Website may provide communication tools such as email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities (“Services”) designed to enable you to communicate with others. Unless stated otherwise the Services are for your personal and non-commercial use only.
Use of the Website and Services is restricted to individuals who are at least 18 years of age. By registering or participating in Services or functions on the Website, you hereby represent that you are over 18 years of age and have the authority to enter into the terms herein. The Website is not intended for children under 13. If you are under 13 years of age, you must immediately stop using the Website or Services.
If a particular Service requires you to open an account (“User Account”) you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service. You are responsible for maintaining the confidentiality of the username and password and also for all activities that take place under your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. In no event will Amberjack Publishing be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder. You also agree to that you will create, use, and access only one User Account, and that you will not access the Website or Services using multiple User Accounts.
In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name and location. Additional information may be required to confirm your identity. You represent that all information provided by you is accurate, current and complete and you agree that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Services.
5.1 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (“Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. Amberjack Publishing will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. In using the Website and Services you agree not to:
5.1.1. use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
5.1.2. post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
5.1.3. post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
5.1.4. threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
5.1.5. use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
5.1.6. make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
5.1.7. collect or store personal information about others, including email addresses;
5.1.8. advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
5.1.9. impersonate any person or entity for the purpose of misleading others;
5.1.10. violate any applicable laws or regulations;
5.1.11. use the Website or Services in any manner that could damage, disable, overburden or impair the Website or Services or interfere with any other party’s use and enjoyment of the Website or Services;
5.1.12. post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
5.1.13. attempt to gain unauthorized access to any of the Services, other accounts, computer systems or networks connected to the Website and Services through hacking, password mining or any other means.
5.2. We have no obligation to monitor the Services but are entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Terms or is otherwise objectionable.
We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation breach of these Terms. We may also at any time, at our sole discretion, discontinue the Website and Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website and Services.
The Website or Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that Amberjack Publishing is not responsible for the content or availability of any such sites.
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States of America or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
9.1. The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are the proprietary intellectual property of Amberjack Publishing or other third parties, and may be protected by copyright, trademarks, patents and other intellectual property rights and laws. In accessing the Website you agree that you will access the Content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of Amberjack Publishing or other third party that owns the intellectual property. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
9.2. Amberjack Publishing does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, royalty free, non-exclusive license to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The license shall be terminated when such Content is deleted from the Services.
10.1. The Digital Millennium Copyright Act (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Amberjack Publishing to locate the material on the Site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has 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 (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Site should be sent to:
Amberjack Publishing Company
PO Box 4668 #89611
New York, NY 10163
We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.
You agree to indemnify, defend, and hold Amberjack Publishing harmless from and against any breach by you of these Terms and any claim or demand brought against Amberjack Publishing by any third party arising out of your use of the Website, Services, or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Amberjack Publishing.
12.1. THE SITES AND ANY INFORMATION, PRODUCTS OR SERVICES THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. AMBERJACK PUBLISHING DOES NOT WARRANT, AND HEREBY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY SITE, INFORMATION OBTAINED FROM A SITE, OR LINK TO A SITE. AMBERJACK PUBLISHING DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE WEBSITE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, AMBERJACK PUBLISHING DOES NOT WARRANT THAT (A) THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE WEBSITE OR SERVICES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR SERVICES OBTAINED THROUGH OR FROM THE WEBSITE OR SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE WEBSITE OR SERVICES WILL BE CORRECTED. AMBERJACK PUBLISHING DOES NOT MAKE ANY REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE WEBSITE OR SERVICES, AND YOU AGREE AND ACKNOWLEDGE THAT YOUR ABILITY TO ACCESS THE WEBSITE OR SERVICES MAY BE IMPAIRED. AMBERJACK PUBLISHING DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS OR THE ACCESS OR USE OF THE WEBSITE OR SERVICES OR ANY INFORMATION OR SERVICES RELATED TO THEM.
12.2. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE WEBSITE OR SERVICES OR SUCH INFORMATION OR SERVICES IS AT YOUR OWN RISK.
12.3. EXCEPT AS PROHIBITED BY LAW, YOU AGREE THAT AMBERJACK PUBLISHING WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR (OR ANY THIRD PARTY’S) USE OR INABILITY TO USE THE WEBSITE OR SERVICES, DATA LOSS, YOUR PLACEMENT OF CONTENT ON A WEBSITE, YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE WEBSITE OR SERVICES, OR ANY OTHER POTENTIAL CLAIMS RELATED TO THE WEBSITE OR SERVICES.
12.4. EXCEPT AS PROHIBITED BY LAW, AMBERJACK PUBLISHING WILL NOT HAVE LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS , YOUR USE OR INABILITY TO USE THE WEBSITE OR SERVICES , DATA LOSS, YOUR PLACEMENT OF CONTENT ON THE WEBSITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE WEBSITE OR SERVICES , WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. AMBERJACK PUBLISHING’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE USER’S USE OF THE WEBSITE OR SERVICES WILL NOT EXCEED TWENTY U.S. DOLLARS.
12.6. YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE WEBSITE OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If any provision in these Terms is determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such provision shall be severed and the remaining Terms will survive and remain in full force and effect and continue to be binding and enforceable.
The Website and Services are managed by Amberjack Publishing, located in Ada County, Idaho. You agree that any dispute arising out of or relating to these Terms or any content posted to a Website, including copies and republication thereof, whether based in contract, tort, statutory or other law, will be governed by the laws of the State of Idaho, without regard to choice of law principles that permit or require the application of another jurisdiction’s laws. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Ada County, Idaho as the legal forum for any such dispute, and specifically waive any argument you may have regarding the convenience of that for