Welcome to Julia Yarbough Media Group!
- BINDING EFFECT.
- RIGHT TO ACCESS.
Company reserves the right to prevent and/or prohibit access to the Site by anyone for any reason, consistent with applicable law. To assist in enforcing Company’s rights and responsibilities, You agree to allow Company to uniquely identify any computer You use to access the Site as the source of recordings made on the Site. You acknowledge that use of the Site is a privilege granted under this Agreement and that Your rights to free speech will not be considered abridged in the event that You are denied access to the Site.
- INTELLECTUAL PROPERTY RIGHTS & OWNERSHIP
Definitions: “Content” as used in this Agreement means, collectively, the text, images, illustrations, icons, headers, date, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like made available through the Site, excluding User Content. “User Content” as used in this Agreement means, collectively, the text, data, remarks, suggestions, ideas, graphics, images, photos and other content and information which You post, upload and otherwise submit to the Site, including without limitation comments; discussion groups; questions; message boards. You must be at least 18 years of age to contribute User Content to the Site. When You request to post User Content, You will be asked to provide Your email address. You agree that You are responsible for safeguarding Your personal information. You agree that You are solely responsible for all of Your User Content You post to the Site.
Content: “Julia Yarbough Media Group” is a copyright of Company. All Content on the Site, including without limitation the trademarks, service marks and logos contained therein are owned by or licensed to Company, subject to copyright and other intellectual property rights or licenses held by Company under the law. All Content is copyrighted as a collective work under the U.S. and international copyright laws and Company owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement and selection of such Content or this Site.
Content on the Site is provided to You AS IS for Your information and personal use only and may not be downloaded, copied, reproduced, republished, distributed, assigned, sub-licensed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You agree not to copy materials on the Site, reverse engineer or break into the Site, alter or modify any part of the Site, access content through any technology or means other than the explicitly authorized means Company may designate, or use materials, products or services in violation of any law. The use of this Site is at the discretion of Company and Company may terminate Your use of this Site at any time. Under no circumstances will You acquire any ownership rights or other interest in any content by or through Your use of this site.
User Content: All copyrights and other proprietary rights of User Content shall be exclusively and irrevocably owned by Company. Company has, without restriction or compensation to the User submitting the User Content, the right to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any User Content in connection with the Site and Company’s business and its successors’ and affiliates’ business, including without limitation advertising the Site or User Content on other websites using Your name, image and/or likeness and User Content, and promoting and redistributing part or all of the Site in any media formats and through any media channels.
You also hereby grant each user of the Site a non-exclusive license to access Your User Content through the Site. You agree that this license includes the right for Company to make such User Content available to other companies, organizations or individuals with whom Company has relationships for the provision of syndicated services, and to use User Content in connection with publicizing the content and/or Site. You understand that Company, in performing the required technical steps to provide the services of the Site to other users, may transmit or distribute Your User Content over various public networks and various media; and make such changes to Your User Content as are necessary to conform and adapt that content to the technical requirements of connection networks, devices, services or media. You agree that this license shall permit Company to take these actions.
Limitations: You acknowledge and agree that Company may, at its option, establish limits concerning User Content, including without limitation the maximum number of days that User Content will remain on the Site, the maximum size of any files that may be stored on the Site, and the maximum disk space that will be allotted to You for the storage of User Content on Company’s servers. Company will have no responsibility or liability for and You are solely responsible for creating back-ups of Your User Content.
Disclaimer: You understand that when using the Site, You will be exposed to User Content from a variety of sources, and that Company is not responsible for the accuracy, usefulness or safety of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content and that are inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Company with respect thereto, and agree to indemnify and hold Company, its owners/operators, affiliates, employees, directors, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the Site.
Company does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Company expressly disclaims any and all liability in connection with User Content. Company does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and Company will remove all User Content if properly notified that such User Content infringes on another’s intellectual property rights. Company reserves the right to remove User Content without prior notice.
- COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.
When accessing the Site or using the Service, You agree to obey the law and to respect the intellectual property right of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property and You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content You provide or transmit, or that is provided or transmitted using Your user identification. The burden of proving that any content does not violate any laws or third party rights rests solely with You.
- INAPPROPRIATE CONTENT.
You shall not make the following types of User Content available. You agree not to upload download, display, perform, transmit, or otherwise distribute any User Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate Your receipt, transmission, or other distribution of any such material using the Services, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.
- COPYRIGHT INFRINGEMENT.
Company respects the intellectual property rights of others and expects You to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Company will respond expeditiously to claims of copyright infringement committed using Company’s service that are reported to Company. If You believe Your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Designated Copyright Agent:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that You claim has been infringed;
- A description of where the material that You claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
Company’s Designated Copyright Agent for Notice of claims of copyright infringement on the Site is Julia Yarbough who can be reached as follows: firstname.lastname@example.org.
- Identification of the material that has been removed or to which access has been disabled on Company’s service and the location at which the material appeared before it was removed or access to it was disabled;
- A statement by You, made under penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result ;
- Your name, address, telephone number and, if available, email address:
- The following statement “I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which Company may be found, and I will accept service of process from the complaining party who notified Company of the alleged infringement or an agent of such person”;
- A statement by You, made under penalty of perjury, that the above information in Your counter notice is accurate; and
- Your physical or electronic signature.
The Counter Notice should be delivered to Company’s Designated Copyright Agent, as indicated above.
- TRADEMARK INFRINGEMENT.
If You believe that some other intellectual property right of Yours is being infringed by a another user of the Site and/or Service, please provide Company’s Designated Copyright Agent (specified above) with the following information:
- Your physical or electronic signature, or a physical or electronic signature of a person authorized to act on Your behalf;
- Your name, address, telephone number and, if available, email address;
- Identification of the intellectual property alleged to have been infringed, including (i) a complete description or explanation of the nature of the intellectual property, (ii) evidence that You own the intellectual property in the relevant jurisdiction, including copies of relevant patents, registrations, certifications or other documentary evidence of Your ownership, and (iii) a showing sufficient for Company to determine without unreasonable effort that the intellectual property has been infringed;
- Information reasonably sufficient to permit Company to identify the use being challenged;
- A statement that You have not authorized the challenged use, and that You have a good-faith belief that the challenged use is not authorized by law; and
- A statement under penalty of perjury that all of the information in the notification is accurate and, that You are the intellectual property owner, or are authorized to act on behalf of the intellectual property owner.
Upon receipt of notice as described above, Company will seek to confirm the existence of the intellectual property on the Site, notify the registered user who posted the content including the intellectual property, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the intellectual property from the Site. A registered user may respond to notice of takedown by showing either (a) that the claimant does not own the intellectual property or (b) that the IP is not infringed. If the registered user succeeds in showing either (a) or (b) then Company may exercise its discretion not to remove the intellectual property. If Company decides to comply with a takedown request, it will do so within a reasonably expeditious period of time.
- ALLEGED VIOLATIONS.
Company reserves the right to terminate Your use of the Service and/or the Site. To ensure Company provides a high quality experience for You and other users of the Sire and Service, You agree that Company or its representatives may access Your User Content on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Sire or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate Your access to the Site immediately, with or without notice to You, and without liability to You, if Company believes that You have violated any of the terms of this Agreement, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.
THE INFORMATION ON THIS SITE, THE SITE CONTENT AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. YOU AGREE THAT USE OF THIS SITE AND SITE CONTENT IS AT YOUR SOLE RISK. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, COURSE OF PERFORMANCE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
- LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES WILL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR AGENTS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE SITE CONTENT, INCLUDING WITHOUT LIMITATION (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 OUR SITE, (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 OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, PUBLISHED, EMAILED, STREAMED, BROADCASTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER THE DAMAGES ARE FORESEEABLE AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
- AFFILIATED SITES.
- PROHIBITED USES.
Notwithstanding anything to the contrary contained herein, the Site may be used and accessed for lawful purposes only. You may access User Content submitted by other users for Your information and personal use solely as intended through the provided functionality of the Site. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with Your use of the Site. In addition, without limitation, You agree You do not have the right to and will not do any of the following while using or accessing the Site:
- Use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, download, or otherwise exploit any Content or User Content (collectively “Site Content”) in any manner not intended by the normal functionality of the Site or otherwise as prohibited under this Agreement;
- Email or otherwise transmit (i) any Site Content to which You do not have the lawful right to copy, transmit and display; (ii) any Site Content for which You do not have the consent or permission of each identifiable person in the Site Content to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the Site Content) and such consent or permission is necessary; or (iii) any Site Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
- Upload, stream, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of solicitations;
- Use any meta tags or other hidden text or metadata utilizing a Company name, trademark, URL or product name, including without limitation “Highway to a Husband”;
- Circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Site Content or enforce limitations on the use of the Site or the Site Content herein;
- Publish, post, stream or broadcast unlawful, false, misleading, libelous, obscene, threatening, hateful, harassing or defamatory statements about any organization or person, or publish, post, stream or broadcast any User Content that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography, erotica, child pornography or child erotica), or that contain objects or symbols that are deceptive, threatening, abusive, inciting of lawful action, defamatory, libelous, vulgar or violent or that constitute hate speech;
- Publish, post, stream or broadcast content that includes or describes graphic violence;
- Upload, post, stream, email, broadcast or otherwise transmit any User Content that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Site;
- Upload, post, stream, email, broadcast or otherwise transmit any User Content that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Content that are unrelated to the immediate, aesthetic nature of the User Content;
- Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site, servers or networks connected to the Site or the technical delivery systems of Company’s providers or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- Attempt to probe, scan or test the vulnerability of any Company system or network or breach or impair or circumvent any security or authentication measures protecting the Site;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site;
- Attempt to access, search or meta-search the Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by Company or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera), including without limitation any software that sends queries to the Site to determine how a website or web page ranks;
- Collect or store personal data about other users without their express permission;
- Impersonate or misrepresent Your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;
- Use the Site in any manner not permitted by this Agreement; or
- Encourage or instruct any other individual to do any of the foregoing or to violate any term of this Agreement.
You agree not to use the Site or any Site Content for any commercial use, without the prior written authorization of Company. Prohibited commercial uses include but are not limited to any of the following actions taken without Company’s express approval:
- Sale of access to the Site or its related services on another website;
- The sale of advertising, on the Site or any third-party website, targeted to the content of specific User Content and Submissions; and,
- Any use of the Site or its related services that Company finds, in its sole discretion, to use Company’s resources or User Content with the effect of competing with or displacing the market for Company and Site Content.
Company has the sole discretion to determine if any content published using the Site violated these content restrictions.
All contents of Site or Service: Copyright @ 2015 Julia Yarbough Media Group, LLC. All rights reserved.
You agree to indemnify, defend and hold Company and its officers, directors, partners, employees, and affiliates, harmless from and against any liabilities, losses, claims, damages and expenses, including without limitation reasonable outside attorney’s fees and costs, arising out of or in any way related to (a) Your access to or use of the Site, and/or Site Content; (b) Your violation of this Agreement; (c) Your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; and/or (d) any claim that one of Your User Content caused damage to a third party, including without limitation claims that Your User Content are infringing.
- GOVERNING LAW.
This Agreement shall be construed in accordance with and governed by the laws of the United States and the State of Florida, without reference to their ruled regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Miami, Florida, USA in all disputes arising of or related to the use of the Site or Service.
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
- FORCE MAJEURE.
Company will not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to Company infrastructure or connectivity to the Internet, or failure at Company co-location facility, (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, Company will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues.
- MODIFICATIONS AND TERMINATION.
Company may, in its sole discretion and without prior notice, (a) revise this Agreement; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to this Agreement to the Site, and the revision shall be effective immediately on such posting. You agree to review this Agreement and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, You shall abide by any such revisions. Company may terminate this Agreement at any time with or without notice, for any reason. After any termination, You understand and acknowledge that Company will have no further obligation to You. Upon termination, all licenses and other rights granted to You by this Agreement will immediately cease. Company is not liable to You or any third party for any termination. Upon any termination or suspension, any information, including User Content, that You have submitted on the Site may no longer be accessed by You. Furthermore, Company will have no obligation to maintain any information stored in Company’s database related to Your User Content or to forward any information to You or any third party.
Any suspension, termination or cancellation will not affect Your obligations to Company under this Agreement (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
- CONTACT INFORMATION
HOW TO CONTACT US
Julia Yarbough Media Group, LLC