License to Use the Site
IJORS grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon for your personal informational use only, provided that you comply fully with these Terms and Conditions of use. You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way exploit the Site or any portion thereof for any public or commercial use without the express written permission of IJORS. You may not distribute, transmit, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on this Site without the express prior consent of the copyright owner. None of the material contained on the Site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means, including without limitation, electronic, mechanical, photoreproduction, recordation or otherwise, without the prior written consent of IJORS. Any images of pictures included in the Site are provided for use only in the context of the Site and subject to all of the limitations set forth herein. All rights not expressly granted herein are reserved to IJORS.
You shall not interfere or attempt to interfere with the operation of the Site in any way through any means, software, routine or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these terms and conditions of use. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Site or any content contained thereon or for any other purpose without our prior express written permission. You may not take any action that imposes an unreasonable or disproportionately large load on IJORS’s infrastructure.
IJORS owns, controls, licenses or has the right to use and provide the Site and all material on the Site, including without limitation the IJORS database, text, images, articles, photographs, illustrations, audio and video clips, (collectively the "Content"). The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. IJORS is the owner of the copyright in the entire Site and Services. IJORS is the owner of the copyright in the entire Site.IJORS owns the copyrights in the selection, coordination, arrangement and enhancement of the Site. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site.
You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way exploit the Site or any portion thereof for any public or commercial use without the express written permission of IJORS. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Content. In the event of any permitted copying, redistribution or publication of material from the Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.
IJORS, ALL RIGHTS RESERVED. All other trademarks, service marks, product names and company names or logos appearing on the Site are the property of their respective owners. Any use of such trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication without the prior written permission of the owner of same, is strictly prohibited.
Use of Information
IJORS is committed to protecting your privacy. Any information that IJORS collects about you will be used to enhance your utilization of the Site. By using our web site, you consent to the collection and use of this information by IJORS and its affiliates.
Change to Site; Termination
IJORS shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue, temporarily or permanently, any aspect of the Site, including but not limited to content, features, or hours of availability, without notice to you. IJORS may also impose limits on certain features and services or restrict your access to parts or all of the Site with or without notice or liability. You agree that IJORS may terminate your use of this Site and the Services, cancel your user registration, remove your Communications and Contributions (as defined below), and/or exercise any other remedy available to it, if IJORS reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms, or violated the rights of IJORS or any third party, or for any reason with or without notice to you. You agree that IJORS will not be held liable to you or any third party as a result thereof.
Links to Other Web Site
The IJORS Web site contains links and pointers to third party web sites, resources and sponsors. Links to and from the Site to third party sites do not constitute an endorsement by IJORS or any of its subsidiaries and affiliates of any third party, its site, resources or contents. IJORS cannot guarantee, represent or warrant that the content contained in these sites is true, accurate, lawful and/or inoffensive. IJORS has no control over these sites or the content within them. IJORS does not warrant that any third party site will be free of viruses or will not adversely impact your computer. You should direct any concerns regarding any external link to its site administrator or webmaster.
Please be aware that IJORS is not responsible for the privacy practices of sites which link to or from IJORS. We encourage our users to read the privacy statements of every web site they visit that collects personally identifiable information.
IJORS's Rights to Materials Provided by Users
IJORS welcomes your comments regarding our merchandise and services, including the Site. However, any or all material and information provided by you to the Site may be included in a database owned by IJORS and its subsidiaries and affiliates in which we have rights and interest, including but not limited to, the compilation copyright. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Site to the fullest extent permitted by law.
By posting messages, uploading files, inputting data, providing information, content or materials to IJORS or engaging in any other form of communication (individually or collectively "Communications") to or within the Site, you grant to IJORS a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, create derivative works and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, patent or other laws under any relevant jurisdiction.
You waive all rights you may have to inspect and/or approve of any use by IJORS of any material or idea submitted by you in any Communications or to receive any compensation for such use. You waive all rights to any claim against IJORS for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that IJORS is under no obligations to use any material or ideas submitted by you in any Communications in any way whatsoever.
No Responsibility for User Transmitted Material
You acknowledge that transmissions to and from this Site and any Services are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to IJORS or the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and IJORS or any IJORS affiliate or subsidiary other than pursuant to these terms and conditions of use. IJORS shall not be responsible for the payment of any monies to any party in connection with IJORS's use of Communications submitted by you to the Site.
Monitoring, Editing and Disclosure of User Material
Any messages, files, data, information, content, materials or other contributions of third parties (“Contributions”) to the Site do not necessarily represent the view or opinions of IJORS. IJORS does not assume any responsibility for the consequences of Contributions on or any communications or results arising from use of the Site. IJORS does not represent or guarantee the truthfulness, accuracy or reliability of any Contributions posted by users or endorse any opinions expressed by such users. Contributors are responsible for obtaining permission to use any photographs and images. ANY RELIANCE UPON CONTRIBUTIONS POSTED ON THE Site IS AT YOUR OWN RISK.
You agree that IJORS has the right, but not the obligation, to monitor your Communications and all Contributions on the Site at any time for any reason in its sole discretion to determine compliance with these Terms and any other rules, policies or guidelines that IJORS may establish from time to time. Notwithstanding this right of IJORS, IJORS does not and cannot review all materials posted to the Site by users, and IJORS is not responsible for any such Communications or Contributions posted by users. IJORS reserves the right at all times to edit, disclose, refuse to post, request removal of or remove any Communication or Contribution, in whole or in part, in its sole discretion, including without limitation, as may be necessary to comply with any law, regulation or government or agency request or if, in IJORS's sole discretion, such materials are objectionable or in violation of these Terms and conditions of use. IJORS HAS NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.
You shall indemnify, defend and hold harmless IJORS, and all its officers, directors, owners, agents, employees, Content providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the Site. IJORS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of IJORS.
Disclaimer of Warranties
IJORS does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. IJORS reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.
THE SITE AND SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE BY INDIVIDUAL USERS AND USERS MUST EXERCISE THEIR DISCRETION IN USING AND ALLOWING MINORS OR OTHERS TO USE THE SITE. NEITHER IJORS NOR ITS CONTENT PROVIDERS WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. If your use of this Site results in the need for servicing or replacing property, material, equipment or data, IJORS is not responsible for those costs. NEITHER IJORS NOR ITS CONTENT PROVIDERS MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF THE Site, THE CONTENT THEREOF, THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE Site OR ANY LINKED SITE. NEITHER IJORS NOR ITS CONTENT PROVIDERS WARRANT THAT the Site will meet your requirements or that specific results will arise from use of the Site, any Contributions, search, link or any other IJORS products or services.
IF YOU ARE DISSATISFIED WITH THE SITE OR ANY SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR SERVICES.
Limitation of Liability; Exclusion of Damages
IJORS is not liable for any lost data resulting from the operation of our Site, provision of Services and/or the enforcement of the Terms. We urge all users to maintain their own back up versions of any Communications or Contributions they provide for submission to the Site.
IJORS disclaims any and all liability for the acts, omissions and conduct of any users, advertisers and/or sponsors on the Site or otherwise related to your use of the Site and/or Services. IJORS is not responsible for the products, services, actions or failure to act of any other third party in connection with or referenced on the Site. IJORS AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF, OR INABILITY TO USE THE SITE OR ANY SERVICES, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS.
UNDER NO CIRCUMSTANCES SHALL IJORS, ITS SUBSIDIARIES, AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY SERVICES, OR ANY CONTENT, MATERIALS AND FUNCTIONS INCLUDED THEREIN, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF IJORS, ITS SUBSIDIARIES AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR ANY SERVICES EXCEED, IN THE AGGREGATE, $100.00.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Changes to Terms and Conditions
IJORS reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions of use, in whole or in part, at any time. Changes in these terms and conditions of use will be effective when posted. You agree to review these terms and conditions of use periodically to be aware of any changes. Your continued use of the Site after any changes to these terms and conditions of use are posted constitutes acceptance of those changes.
You agree that monetary damages may not provide a sufficient remedy to IJORS for your violation of these Terms, and, accordingly, you acknowledge and agree that IJORS is entitled to immediate injunctive relief for any such violation without the necessity of posting a bond, in addition to any other remedy available to IJORS under this Agreement, at law or in equity. IJORS may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. IJORS is not required to provide any refund to you if you are terminated as a user because you have violated these Terms.
The provisions titled "License to Use the Site", "Ownership", "Use of Information", "Changes to Site; Termination", " Links to Other Web Site", "IJORS's Rights to Materials Provided by Users", "No Responsibility for User Transmitted Material", "Monitoring, Editing and Disclosure of User Material", " User Conduct", "Indemnification", "Disclaimer of Warranties", "Limitation of Liability; Exclusion of Damages", "Changes to Terms and Conditions", "Additional Remedies", "Survival" and "General Provisions" will survive termination of this agreement, together with all other terms and conditions that by their nature or context are intended to survive termination.
These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be an appropriate State or Federal court located in New Castle County in the State of Delaware and you hereby irrevocably consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. These terms and conditions of use constitute the entire agreement between you and IJORS with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No term or condition of this Agreement shall be held to be waived, modified or deleted except by a written instrument signed by the parties hereto. No waiver by either you or IJORS of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Any cause of action you may have with respect to IJORS must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.
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