Last Updated: August 26th, 2020
Welcome to the website (the “Site”) operated by Jacksons Empire, LLC; including its affiliates and related companies (“Jacksons Empire”) for the benefit of its commercial partners. The Site is provided as a service to our customers. Please review the following terms and conditions, including the Arbitration Agreement, which govern your use of the Site (the “Agreement”).
YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU ACCESS OR USE THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITES.
Jacksons Empire, LLC is responsible for the hosting, operation and maintenance of the site.
The prices displayed on the Site are quoted in U.S. Dollars and are subject to change at any time. As a convenience to you, prices may also be quoted in other currencies. We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. The creation or transmission of an order confirmation by Jacksons Empire does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any product and we reserve the right to accept or decline your order for any reason up until the time the product is actually delivered to you. An order can be cancelled for various reasons. If you are unsatisfied with a product, you may return it in accordance with our return policy.
We reserve the right at any time to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Sites.
Unless otherwise noted, the Site and all features and materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned or controlled by Jacksons Empire or duly licensed by Jacksons Empire from its commercial partners and service providers. The Site and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Sites. Unless otherwise specified, the Site and the Contents are intended to promote products and services. One or more patents may apply to the Site.
The Content on this site does not constitute medical advice. You should consult your doctor before beginning any exercise, training or athletic program. Jacksons Empire is not responsible for any medical or health problems that may result from you engaging in any activities described on this Site or from any information you obtain from this Site. If you ever feel discomfort or pain, you should not continue.
ALL PRODUCTS PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. JACKSONS EMPIRE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE OR THE ACCURACY OF ANY PRODUCT DESCRIPTION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JACKSONS EMPIRE HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Each time you use a password or log-in credential, you will be deemed to be authorized to access and use the Site in a manner consistent with Agreement. You agree that you will not under any circumstances:
Jacksons Empire respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement then please contact us in writing at:
8505 Two Notch Rd #25242
Columbia, SC 29229
Attn: General Counsel
Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
The Site may contain links to other websites that are not under the control of Jacksons Eempire. Jacksons has no responsibility for those linked websites nor does linking constitute an endorsement of any. If you use such links, you will leave the Site and your activities may be governed by other terms and conditions and privacy practices. Links are provided solely for the convenience and information of the Sites’ users.
THIS SITE AND ALL PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. YOU UNDERSTAND AND AGREE THAT NEITHER JACKSONS EMPIRE OR ANY OF ITS AFFILIATES, PARTNERS, CLIENTS, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS OR SERVICE PROVIDERS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
You agree to defend, indemnify and hold Jacksons Empire harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, due to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.
Informal Dispute Resolution: Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and Jacksons Empire agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to:
Both you and Jacksons Empire agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. You and Jacksons Empire expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.
You may begin an arbitration proceeding by sending a letter requesting arbitration to Jacksons Empire at:
8505 Two Notch Rd
Columbia, SC 29223
Attn: General Counsel
You agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. Jacksons Empire waives its right to seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
In lieu of arbitration, either you or Jacksons Empire may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as a individual claim.
All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in a court of law or equity, however, any relief must be individualized to you and shall not affect any other customer. You and Jacksons Empire agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Jacksons Empire hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Site ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
Jacksons Empire is committed to facilitating the accessibility of its websites for everyone. Musictoday aims to comply with all applicable standards, including the World Wide Web Consortium’s Web Content Accessibility Guidelines 2.0 up to Level AA (WCAG 2.0 AA). Musictoday is proud of our ongoing efforts to ensure that our website is accessible to everyone.
If you experience any difficulty in accessing any part of our website, please contact us at thee bottom of your screen “Chat with us” and we will work with you to provide the information, item, or any assistance you may need to complete any transaction through an alternate communication method that is accessible for you consistent with applicable law (for example, through telephone support).
With the exception of the Arbitration Agreement, which shall survive the termination of these terms, these terms of this Agreement are effective unless and until terminated by either you or Jacksons Empire. Jacksons Empire also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
This Agreement shall be governed by the laws of the Commonwealth of Virginia without regard to choice of law principles, except for the Arbitration Agreement above, which shall be governed by the Federal Arbitration Act. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Jacksons Empire right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Sites.
TERMS OF SERVICE (“USE”) APPLICABLE TO ALL USERS.
Welcome to Jacksons Empire (“website”). If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms of service (“Terms”). Which together with our privacy statement govern Jacksons Empire relationship with you. If you disagree with any part of these Terms, Please do not use or access our website.
Please read these Jacksons Empire Terms of Service with care before you make use of the Jacksons Empire Service which is located at www.jacksonsempire.com (the “Site”) and also available as a mobile application (the “App”). We’ll refer to you here as “you” and “Your” and “User” We Will refer to Jacksons Empire LLC, as Jacksons Empire “we” “us” or “our”
This is a legally binding agreement between Jacksons Empire and You.
By accepting these Terms You confirm that you are at least 13 years of age. Jacksons Empire is not intended for anyone under the age of 13 You may reside in a country where local laws fix the digital age of consent to be older than 13. You may only use Jacksons Empire if you have reached this age of consent, in accordance with applicable local laws.
Jacksons Empire is a live-video chat and social entertainment platform the service allow you to broadcast your video (via Web or Mobile device) for viewing – IN REAL TIME – by a public online audience including other function as well are described in the Terms Of Service and in notice of publication from Jacksons Empire Jacksons Empire reserve the right in it sole discretion to change, modify, add or delete feature and function of the Service at any time.
We take responsibility for what we have created and You agree take responsibility for your use of our Service whether as a creator of content (defined below) or as a viewer. While you have fun using the Service, we require that you treat other with respect, do not use the Service for anything that would be deemed illegal or obscene and always observe the Golden rule (“do unto others….”). See our frequently Asked Question page in the forms for Further information about use of the Service.
When you register for this website and SOFTWARE and APPS. You will choose a username or nickname, and account (Jacksons Empire user identification (“UID”) will be created for you. You may not select a nickname, which violates any copyright, third party’s trademark right or other proprietary right or a name, or which Jacksons Empire deems in its sole discretion to be profane, offensive or unacceptable nicknames and/ or to require you to change your nickname. You are entirely liable for all activates conducted through your Account and the nickname registered to your Account. You may allow another person, including a minor (13 YEARS BELOW) to use your account and nickname subject to your supervision; provided however, you shall remain liable for any such use of your Account by another person. In consideration for your use of the Website, you agree to (a) provide true, accurate and complete information about yourself as prompted by the registration from (such information being the “Registration Data”), (b) maintain and promptly update the Registration Data to keep it true, accurate and complete not subject to role-play account notify Jacksons Empire of any unauthorized use of your account, password or other breach of security.
WHAT IS A ROLEPLAY ACCOUNT. someone who assumes or acts out a particular role. Basically, roleplaying involves picking a character from a TV show, movies book, or even from the celebrity line-up and acting as them. Just make sure to tell people that you are a role-player and who you are supposed to be, so that everyone is clear as to what is happening. Many people don’t understand roleplaying at all just see role-player as posers, which they are most certainly not!
in order to access some features of the Service, and to be able to Submit (as that term is defined below) Content as a broadcaster, You will have to create a Jacksons Empire account via Your Facebook®, Google+®, Twitter®, or Instagram® account, using the same information provided to one of those networks (the “Jacksons Empire Account”). You can alter such information by updating Your Facebook®, Google+®, Twitter®, or Instagram® account (this will automatically update Your Jacksons Empire Account the next time You log in). You also may alter Your Jacksons Empire Account information by logging into the Service and accessing Your settings.
You agree not to share your Jacksons Empire account password or let other have access to Your Account and You will not attempt to transfer Your Jacksons Empire account to anyone else. You are responsible for the activity that happens on or through your account, so we urge you to keep your account password secure and to always log-off when leaving Your computer or mobile device unattended. Although Jacksons Empire will not be liable for losses caused by any unauthorized use of your Jacksons Empire Account. You may be liable for the losses of Jackson’s Empire or others due to unauthorized use. We strongly recommend that You notify us immediately of unauthorized use of Your Account or of any related security breach by contacting us at Jacksons Empire. If for any reason You want to limit your Children Access to the Service, There are a number of commercially available parental control protections.
ALL PICTURES MUST FOLLOW THE BELOW GUIDELINES.
1. Can’t be copyrighted by a third person who has not granted written authorization.
2. Can’t be construed as harassing.
3. Can’t contain excessive violence.
4. No nudity.
5. No offensive language or demeaning speech.
6. Nothing pornographic.
7. Nothing obscene or indecent.
8. Can’t be sexually graphic (no intercourse, bodily fluids, sexual activity, masturbation).
You agree not to do any of the following.
1. Bully, abuse, harass, stalk, demean, threaten or discriminate against other;
2. Discuss illegal activity, such as how to obtain or consume illegal drugs and how to make bombs;
3. Ask for or offer sexually explicit images, and/or material harmful to children;
4. Use, display, mirror or frame the Site, or any individual element within the Site, Jacksons Empire, any Jacksons Empire trademark, logo or other proprietary information, or the layout and design of any page or from contained on a page, without Jacksons Empire express written consent;
5. Access, tamper with, or use non-public areas of the Site, Jacksons Empire computer systems, or the technical delivery systems of Jacksons Empire providers;
6. Attempt to probe, scan, or test the vulnerability of any Jacksons Empire system or network or breach any security or authentication measures;
7. Avoid, bypass, remove, deactivate, impair, intercept, descramble or otherwise circumvent any technological measure implemented by Jacksons Empire or any of Jacksons Empire providers or any other third party (including another user) to protect the Site, Service or content;
8. Attempt to access or search the Site, Services or Content or download Content from the Site or Services through the Use of any engine, Software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Jacksons Empire or other generally available third party web browsers;
9. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Content;
10. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
11. Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
12. Impersonate or misrepresent your affiliation with any person or entity;
13. Violate any applicable law or regulation;
14. Record or otherwise store any video or audio that you perceive or receive through the Site or Services, or record or otherwise store any video or audio interactions you conduct with another Member or user. You must not copy, rip or capture, or attempt to copy, rip or capture, any audio or video content from this Platform or any part of the Platform, other than by means of download or store for offline listening in circumstances where the relevant Uploader has elected to permit downloads or offline listening of the relevant item of content.
15. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any content.
16. Encourage or enable any other individual to do any of the foregoing.
Jacksons Empire has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Jacksons Empire may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Jacksons Empire has no obligation to monitor your access while on the Site, Services or Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your Compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental
ACCEPTABLE USE. You shall be solely liable for any transmissions sent through the Service. We have no control over the content of any transmission nor will we be liable for such content. Subscriber shall not use the Service to create or distribute any images, sounds, messages or other material, which are obscene, harassing, racist, malicious, fraudulent infringing or libellous, nor use the service for any activity that may be considered as unethical, immoral, violative of any third party’s right, or illegal. Further, you will abide by all rules, regulations, procedures and policies of and any policies of the networks connected to the Services. You agree to abide by all applicable local, state, national, foreign and international law and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmission through the Service.
USE OF JACKSONS EMPIRE MUSIC PLAYER AND WIDGET. The platform includes access to customizable player (“players”), and an embeddable version of the Jacksons Empire waveform player (“Widget”) for incorporation into users’ own sites, third party sites or social media profiles , whether or not a linked Service. This functionality is provided to enable uploaders to put their content wherever they wish, and to enable other user of the Platform to share and distribute Content Within The Parameters set by the Uploader. You may not, without the prior written consent of Jacksons Empire, use the Player or the Widget in such a way that you aggregate content from the Platform into a separate destination that replicates substantially the offering of the website, or comprises a content service of which Content from the Platform form a material part. Similarly, you may not without the prior written consent of Jacksons Empire, use the Player or the Widget to embed Content into any website or other destination dedicated to a particular artist (except where the relevant content is your Content and you are the person or are authorized to represent the person to whom the site or destination is dedicated), or to a particular genre. You may not use the Players or Widget in any way that suggest that Jacksons Empire or any artist, audio creator or other third party endorses or supports your website, or your use of the Player or Widget. The foregoing shall apply whether such use is commercial or non-commercial. Jacksons Empire Reserves the right to block your use of the Player and the Widget at any time and for any reason in it sole discretion.
HOSTING A CHATROOM. In accordance with these Terms of Service and Community Guidelines, Jacksons Empire enables you to join chatrooms and create them on the Site and mobile app. As a Member, the Service will allow you to create a chatroom that other users on the Site will be able to join. The chatrooms allow you to video chat live with other users of the Site, and you may also correspond by writing and sending comments that are displayed to other Members in a chatroom or a private message to a specific user in a chatroom. By creating a chatroom, you agree to act as the administrator in hosting of that specific chat room that you created and take the responsibility to moderate by removing any user that is not behaving in a manner that consistent with our terms of service or otherwise acting inappropriately. If someone reports any issue too you should respond accordingly. You should have a watchful eye of any illegal, infringing or otherwise in breach of these Terms of Service, You will be responsible for taking such content down by removing the person from your room. Chatroom moderator are not agents of the website and Jacksons Empire does not grant them any type of authority other then to monitor the rooms that they create.
SITE AND CHATROOM NOTICE. All User of the site agree No Audio or Video recording No photography no Video recording without express permission from the user your recording. No Cameras or other recording devices allowed on this site without permission.
ROOM MONITOR OR MODERATOR. A user who has access to the administrative controls of the chat room and have the ability to ban or kick unwanted or obnoxious users from the chat room, to change the room greeting, and a variety of other important functions. The person that initially created a chatroom under there user name are able to make monitor or moderator of there created chatroom.
USERS DISPUTES. You are solely responsible for your interaction with other Users. Jacksons Empire reserves the right, but has no obligation, to monitor disputes between you and other Users.
DO NOT ARGUE WITH OR QUESTION MODERATORS when they tell you to stop spamming, change your name or modify your behaviour. There are too many chatters to debate whether your name or your post was against the rules. Doing this will probably result in the conversation coming to a quick end with you being banned. If people are breaking the rules and a mod logs on and bans you, saying other people were doing the same thing is no excuse.
BLOCK BUTTON. If you do come across an offensive user, In the chat room you have an ignore button, just click on the username and the click ‘Block Button” – then all messages from that users simply will not appear on your screen. If all chat users ignore the person they will soon be left talking to themselves.
Platform providers, such as Apple Inc. And Google Inc., that make the app available for download (“Platform Providers”) are not party to this Agreement. Platform Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to deliver any product or service Purchased by You through the App, You may notify the applicable Platform Provider, and such Platform Provider may refund payments made for such purchases (if applicable). To the maximum extent permitted by applicable law, Platform Providers will have no other obligation whatsoever with respect to the App. You acknowledge that Platform Provider are not responsible for addressing any claims relating to the App or Your possession and/or use of the App, Including but not limited to: product liability claim; any claim that the App fails to conform to any applicable legal or regulator requirement; claims alleging infringement of intellectual property and claims arising under consumer protection or similar legislation. We, not the Platform Provider, will be solely responsible for the investigation, defence, settlement and discharge of any such claims. Platform Provider are third party beneficiaries and will be deemed to have accepted the right to enforce this provision of platform provider against You.
MEETUPS. Jacksons Empire has an active community of user, many of whom organize and attend face-to-face meetings at venues all over the world (“Meetups”). While Jacksons Empire is generally supportive of Meetups and may provide branded promotional material to help organizers promote their Meetups, Jacksons Empire does not sponsor, oversee or in any way control such Meetups. You hereby acknowledge and agree that your attendance and participation in any Meetups is entirely at your own risk and Jacksons Empire does not bear any responsibility or liability for the action of any Jacksons Empire users or any third parties who organize attend or are otherwise involved in any Meetups.
NO RECORDING POLICY, Jacksons Empire prohibit recording conversation of its user without there consent that included taking print screen and photograph of conversation or using any software or devices to capture there video and audio. Jacksons Empire encourage open communication, free exchange of ideas, spontaneous and honest dialogue and atmosphere of trust and candid discussion on the website. “Remember no video recording or recording there audio without express permission.
YOU’RE USER SUBMISSION.
1. As an account holder on Jacksons Empire you may submit video content (“User Submissions”). You understand that whether or not such User Submissions are published, Jacksons Empire does not guarantee any confidentiality with respect to any User Submissions.
2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User submission, you affirm, represent and warrant that: you own or have obtained all necessary patent, trademark, trade secret, copyright, privacy, right of publicity and/ or other licenses, rights, consents, and permissions to use and authorize Jacksons Empire to use any and all User Submissions, and to enable inclusion and use of the User Submissions In the manner contemplated by the Jacksons Empire Website and these Terms of Service.
3. For clarity, you retain all of your ownership rights in your User Submissions, However, by submitting User Submission to Jacksons Empire, you hereby grant Jacksons Empire a worldwide, non-exclusive, royalty-free, sub licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Jacksons Empire website and Jacksons empire (and its successors’ and affiliates’) business, including without limitation promotion and redistribution of existing or hereinafter devised. You also hereby grant each user of the Jacksons Empire website a non-exclusive license to access your User Submissions through the website, and to use, reproduce, distribute, display and perform such User Submission as permitted through the functionality of the website and under these Terms of Service. You understand and agree, However that Jacksons Empire may retain, but not display, distribute, or perform, server copies of User submissions that have been removed or deleted. The above licenses granted by you in User Submissions are perpetual and irrevocable.
4. In connection with User Submission, you further agree that you will not submit any material the rights in which are owned by a third person or entity unless you are authorized by such third person or entity to use and/ or post such material and to grant Jacksons Empire the right to use and/ or post such material.
5. Jacksons Empire does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Jacksons Empire expressly disclaims any and all liability in connection with User Submissions. Jacksons Empire does not permit infringement or intellectual property rights on it website, and Jacksons Empire will remove all content and User Submission if properly notified that such Content or User Submission infringes on another’s intellectual property rights, Jacksons Empire reserves the right to remove Content, Images, User Submissions and any other material of any kind without prior notice.
LINKS. The site may contain links to third-party website or resources. You acknowledge and agree that Jacksons Empire is not responsible or liable for, (i) the availability or accuracy of such website or resources; or (ii) the content product on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Jacksons Empire or such websites or resources or the content products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
OWNERSHIP OF THE SERVICE.
The Service may contain links to third party services that are not owned or controlled by Jacksons Empire. Jacksons Empire has no control over and assumes no responsibility for, the content, privacy policies or practices of any Third party services. In addition, Jacksons Empire. Will not and cannot censor or edit the content of any third party service. in additions. Jacksons will not and cannot censor or edit the content of any third party service. You expressly release Jackson’s Empire from any and all liability both known and unknown arising from your use of any third party service.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the website of the Website, You warrant to Jacksons Empire that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage disable, overburden, or impair the Site or interfere with any other party use and enjoyment of the Website. You may not obtain or attempt to obtain any material or information through any mean not intentionally made available or provided for through the Site.
YOU AGREE THAT YOU WILL BE RESPONSIBLE FOR YOUR USE OF THE WEBSITE, AND YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS JACKSONS EMPIRE AND ITS OFFICERS, DIRECTOR, EMPLOYEES, CONSULTANT, AFFILIATES, SUBSIDIARIES AND AGENTS (COLLECTIVELY, THE “JACKSONS EMPIRE ENTITIES”) FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, USE OF OR ALLEGED USE OF THE WEBSITE; YOUR VIOLATION OF THIS AGREEMENT OR ANY REPRESENTATION, WARRANTY, OR AGREEMENT REFERENCED HEREIN, OR ANY APPLICABLE LAW OR REGULATION; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY, OR PRIVACY RIGHT; OR (IV) ANY DISPUTES OR ISSUE BETWEEN YOU AND ANY THIRD PARTY, WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU (AND WITHOUT LIMITING YOUR INDEMNIFICATION OBLIGATIONS WITH RESPECT TO SUCH MATTER), AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH OUR DEFENSE OF SUCH CLAIM.
DISCLAIMER; NO WARRANTIES.
THE WEBSITE IS MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE JACKSONS EMPIRE ENTITIES HAVE NO OBLIGATION TO MONITOR, CONTROL, OR VET THE CONTENT OR DATA APPEARING ON THE WEBSITE. AS SUCH, YOUR USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK. THE JACKSONS EMPIRE ENTITIES MAKE NO CLAIM OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE WEBSITE AND EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. JACKSONS EMPIRE WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT ON THE WEBSITE. JACKSONS EMPIRE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE REPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESARY PRECAUTONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCT AND SERVICES OFFERED BY JACKSONS EMPIRE. SOME STATE DO NOT ALLOW DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE JACKSONS EMPIRE ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE , THE WEBSITE OR ANY MATERIAL OR CONTENT ON THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE JACKSONS EMPIRE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
This agreement will be governed by the laws of the State of South Carolina without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Jacksons Empire agree to submit to the personal and exclusive jurisdiction of the state and federal court located within Richland County, California for the purpose of litigating all such disputes.
(Terms Of Service (“Use”) last updated: 8-1-2020