In addition to any other rights, justleft may in its sole and absolute discretion and without further notice to you, terminate the right of any user to use in any fashion or participate in any way on the Site.
1. LICENSE TO USE THE SITE
You agree that you will not in any way interfere with the operation of the Site, so as to cause actual or perceived damage to us. You agree therefore not to interfere by way of spamming, hacking, up-loading any viruses or time-bombs or in any other fashion interfere with any transaction made through the Site, the operation of the Site by us or the availability of the Site to any individual who wishes to access any part of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You may not use any "robot", "spider", "deep-link" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content (as defined below). In the event of any such interference or perceived interference, as we may determine in our sole discretion, we shall have the right to terminate your right to use the Site and to use all legal actions available to us against you. justleft reserves the right to electronically monitor areas of the Site and may disclose any content, records, or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of justleft or its third-party partners, sponsors or advertisers, service providers, licensors or any other user of the Site.
You must be 13 years or older to access this Site. You must be legally able to make binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to any other person or entity otherwise restricted under applicable law, regulation, treaty or convention. If you are under the age of 18, it is recommended that you use this service only in conjunction with, and under the supervision of your parents or guardians. We may refuse our services to anyone or limit your use of any or all of the Site, at any time, in our sole discretion.
4. COPYRIGHT AND INTELLECTUAL PROPERTY OWNERSHIP
You acknowledge that the Site contains information, visual interfaces, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, artwork and other material, and all copyrightable or otherwise legally protectable elements of the Site including the design, structure, selection, "look and feel" and arrangement of such content, (collectively "Content"), that is either owned, controlled or licensed by justleft (unless otherwise indicated) and that all Content on the Site is protected by copyrights, trademarks, trade dress or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.
All Content is copyrighted by justleft or its affiliates as a collective work under the U.S. copyright laws, and Justleft or its affiliates own a copyright in the selection, coordination, arrangement, and enhancement of such Content, unless otherwise indicated. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.
If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, non-commercial use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
5. USER CONTENT
6. USER REPRESENTATIONS
You warrant and represent to us, which representation we rely upon, that you will not (i) up-load, post or transmit to a distributor or otherwise permit or publish through the Site any information and materials which may inhibit the utilization and use of the Site, which may be unlawful, false, misleading, infringing, abusive, harassing, libelous, defamatory, obscene, pornographic, indecent or sexually explicit in accordance with the relevant laws or which would constitute a criminal offence or give rise to civil liability; (ii) use or violate any intellectual property rights of other parties; (iii) violate personal or privacy rights of third parties; (iv) use the Site or services, if you are not able to form legally binding contracts or have been terminated or suspended from use of the Site; or (vi) provide us with any false or misleading information about you, or otherwise post unauthorized commercial communications to users (such as spam).
8. ACCOUNT, PASSWORD AND SECURITY
Certain services offered on or through the Site may require you to open an account. You are responsible for maintaining the confidentiality of any account information (including any password) you are given to access the Site, and are fully responsible for all activities that occur under your account. You will not provide any false personal information when opening account and will keep your contact information accurate and up-to-date. We reserve the right to remove or refuse any username. You will not solicit login information, access an account belonging to someone else or do anything that may jeopardize the security of your account. You agree to notify justleft immediately of any unauthorized use of your account. justleft is concerned about the security of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information. justleft shall not be liable for any inaccuracy or any other error in connection with your account.
10. LINKS TO OTHER WEB SITES
The Site provides links to websites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that justleft is not responsible for the availability of, and content provided on, third party websites. We are not responsible for the content or privacy practices or lack thereof by such other site or sites, nor do we make any representation or warranty as to the accuracy of the functioning of any such other site. You should refer to the policies posted by other websites regarding privacy and other topics before you use them. You agree that justleft is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that the justleft is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller or provider, including delivery of products or services and warranty obligations related to purchased products or services. You agree that justleft is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
11. PURCHASES, SERVICES AND OTHER TERMS AND CONDITIONS
justleft does not guarantee that any products or services offered on the Site will still be available. justleft may in its sole and absolute discretion and without further notice to you, make changes to products or services or the applicable prices for such services or products. If a product or service offered by justleft itself is not as described, your sole remedy is to return it in unused condition. The receipt of an email order confirmation is simply notification that we have received your requested order, and does not constitute an offer to sell. justleft reserves the right to limit the quantity of any item sold, or prohibit a sale altogether.
12. CONTROL OF SITE
justleft may at any time, and from time to time, in its sole discretion, modify or discontinue any or all of the Sites on a temporary or permanent basis without notice or liability to you or any other user of any of the Sites. justleft may also impose limits on certain features and services and restrict access to all or any portion of the Site without notice or liability to you. Justleft does not endorse any submissions by users or any opinion, recommendation, or advice expressed therein, and justleft expressly disclaims any and all liability in connection with users’ submissions.
13. INFRINGEMENT OF COPYRIGHT
If you believe that content residing on or accessible through the Site infringes your copyright, please send a notice of copyright infringement to justleft by facsimile or regular mail (not e-mail) to PO Box 83, Milanville, PA 18443, USA. The notice must be in compliance with the Digital Millennium Copyright Act 1998 ("DCMA") (a copy of which can be found at http://www.copyright.gov/legislation/dmca.pdf), and must contain the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the content that is claimed to be infringing including the exact URL of the page containing the information and/or such other information so that justleft is capable of finding and verifying its existence;
- Your contact information including address, telephone number and, if available, e-mail address;
- A statement that the you have a good faith belief that the content is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is the copyright owner or authorized to make the complaint on behalf of the copyright owner.
Once justleft has received the above, justleft may remove or disable access to the infringing content and notify the content provider that it has removed or disabled access to the content. Please note that any person who knowingly misrepresents that material on the Site is infringing his/her copyright may be subject to liability.
In the event that justleft notifies you that justleft has received proper infringement notification about your content, you may elect to send justleft a counter notice. The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act: http://www.copyright.gov/legislation/dmca.pdf . To file a counter notification with justleft, you must provide the following items to us in writing:
- The exact URL of the page containing the content that justleft has removed or to which justleft has disabled access;
- Your name, address, telephone number, and email address;
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York County, New York if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection 512(c)(1)(C) or an agent of such person; and
- The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", BASIS. JUSTLEFT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. JUSTLEFT MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY USE OF THE SITE, CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. JUSTLEFT SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE; OR (E) DELIVERY, OR FAILURE TO RECEIVE, USE, STORE OR OTHERWISE BE INVOLVED WITH ANY COMMUNICATION FROM OR TO YOU. JUSTLEFT RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.
IF YOU ARE A CALIFORNIA RESIDENT YOU WAIVE CALIFORNIA CIVIL CODE §1542 WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR".
15. LIMITATION OF LIABILITY
WE PROVIDE THE SITE AND OUR SERVICES ON AN "AS IS" and "AS AVAILABLE" BASIS. To the full extent permissible under the applicable law, neither we nor our directors, officers, owners, employees, agents, sub-agents, subsidiaries, affiliates or service provider shall be liable for damages of any kind (whether for negligence, tort or breach of contract), including and without limitation any indirect, special, incidental, punitive and consequential damages, lost profits, revenues or data arising out of or in connection with the Site, the inability to use the Site or resulting from any goods or services purchased or obtained or the non-fulfilment of such purchases or services or for messages received or business transactions entered into through the Site. Your sole remedy shall be to discontinue using the Site.
16. PUBLIC AND PRIVATE COMMUNICATIONS
You acknowledge that transmissions to and from the Site are not confidential and you accept that we are not your fiduciary nor are we responsible for keeping any such information confidential or shall we be liable in any way in the event that such information is not kept confidential. Any product concept or ideas submitted by you to justleft, its directors, officers, employees or its agents via the Site will be considered public and nonproprietary. justleft will not be responsible for any claims whatsoever, including but not limited to, intellectual property claims, if those concepts or ideas are used in promotions, marketing or product concepts.
18. USERS OUTSIDE THE UNITED STATES OF AMERICA
Access to the Site from outside of the United States of America is subject to local laws which are the responsibility of the website user. In any event, all website users agree to comply with all applicable laws relevant to website use in the location of such user and website use. justleft will not be responsible and makes no representations that objects for sale on the Site and their associated intellectual property rights are available for use in locations outside of the United States of America.
19. APPLICABLE LAW
20. VOID OR UNENFORCEABLE PROVISION
Headings used in this user agreement are for convenience only and are not to be relied upon.
23. BINDING EFFECTIVE AGREEMENT