Terms of Use
1. Terms
A. By accessing www.jiujitsucalendar.com, you are agreeing to be bound by these web site Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
B. These Terms of Use apply to all users of www.jiujitsucalendar.com, including users who are also contributors of picture content, information, and other materials or services on www.jiujitsucalendar.com.
C. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
2. Use License
A. Permission is granted to temporarily download one copy of the materials (information or software) on www.jiujitsucalendar.com’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
1. modify or copy the materials;
2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
3. attempt to decompile or reverse engineer any software contained on www.jiujitsucalendar.com’s web site;
4. remove any copyright or other proprietary notations from the materials; or
5. transfer the materials to another person or “mirror” the materials on any other server.
B. This license shall automatically terminate if you violate any of these restrictions and may be terminated by www.jiujitsucalendar.com at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Disclaimer
A. The materials on www.jiujitsucalendar.com are provided “as is”. www.jiujitsucalendar.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, www.jiujitsucalendar.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
B. You further understand and acknowledge that you may be exposed to User Submissions 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
www.jiujitsucalendar.com with respect thereto, and agree to indemnify and hold www.jiujitsucalendar.com, and www.jiujitsucalendar.com’s operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of www.jiujitsucalendar.com.
4. Limitations
A. In no event shall www.jiujitsucalendar.com or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on www.jiujitsucalendar.com’s Internet site, even if www.jiujitsucalendar.com or a www.jiujitsucalendar.com authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
B. www.jiujitsucalendar.com is controlled and offered from its facilities in the United States of America. www.jiujitsucalendar.com makes no representations that the web site is appropriate or available for use in other locations. Those who access or use www.jiujitsucalendar.com from other jurisdictions do so at their own volition and are responsible for compliance with local law.
5. Revisions and Errata
A. The materials appearing on www.jiujitsucalendar.com’s web site could include technical, typographical, or photographic errors. www.jiujitsucalendar.com does not warrant that any of the materials on its web site are accurate, complete, or current.
B. www.jiujitsucalendar.com may make changes to the materials contained on its web site at any time without notice. www.jiujitsucalendar.com does not, however, make any commitment to update the materials.
C. www.jiujitsucalendar.com reserves the right to discontinue any aspect of the Site at any time.
6. Links
A. www.jiujitsucalendar.com has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by www.jiujitsucalendar.com of the site. Use of any such linked web site is at the user’s own risk. By using www.jiujitsucalendar.com, you expressly relieve www.jiujitsucalendar.com from any and all liability arising from your use of any third-party website.
7. User Submissions and Conduct
A. You may submit picture content (“User Pictures”) and textual content (“User Comments”) to www.jiujitsucalendar.com. User Pictures and User Comments are collectively referred to as “User Submissions”. You understand that whether or not such User Submissions are published, www.jiujitsucalendar.com does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have all the necessary licenses, rights, consents, and permissions to use and authorize www.jiujitsucalendar.com to use all patent, trademark, trade secret, copyright or other intellectual property or proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by www.jiujitsucalendar.com and these Terms of Use.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to www.jiujitsucalendar.com, you hereby grant the Owner a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions, including without limitation for promoting and redistributing part or all of www.jiujitsucalendar.com (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of www.jiujitsucalendar.com a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms of Use.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant www.jiujitsucalendar.com all of the license rights granted herein.
E. You agree that your conduct on the Website will comport with the Guidelines which may be updated from time to time.
F. www.jiujitsucalendar.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions. www.jiujitsucalendar.com does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. www.jiujitsucalendar.com reserves the right to remove Content and User Submissions without prior notice.
G. If you provide feedback to us regarding www.jiujitsucalendar.com, its Content or User Submissions (“Feedback”), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.
8. Termination
A. You may terminate your use of www.jiujitsucalendar.com at any time. www.jiujitsucalendar.com may suspend or terminate your access or terminate these Terms of Use, at any time, for any reason. If www.jiujitsucalendar.com suspects that you have violated any provision of these Terms of Use, www.jiujitsucalendar.com may also seek any other available legal remedy. Your rights under these Terms of Use will terminate automatically if you breach any part of these Terms of Use. You remain solely liable for all obligations related to use of www.jiujitsucalendar.com, even after you have stopped using www.jiujitsucalendar.com.
B. www.jiujitsucalendar.com reserves the right to decide whether Content or a User Submission is appropriate and complies with
these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material. www.jiujitsucalendar.com may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
9. Site Terms of Use Modifications
www.jiujitsucalendar.com may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use. Your use of the Site following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.
10. Governing Law
Any claim relating to www.jiujitsucalendar.com’s web site shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. Any claim or dispute between you and the Owner that arises in whole or in part from the Site shall be settled exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Nashville, Tennessee, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Tennessee law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration.
11. Copyright Infringement
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing www.jiujitsucalendar.com with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
1: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2: Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3: Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
4: Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5: A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6: A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7: Copyright notifications can be sent to: Attention Copyrights, JiuJitsuCalendar, 429 Maple St, Madison, TN 37115
You acknowledge that if you fail to comply with all of the requirements of this Section 8(A) your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to www.jiujitsucalendar.com:
1: Your physical or electronic signature;
2: Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
3: A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
4: Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Nashville, Tennessee and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by www.jiujitsucalendar.com, www.jiujitsucalendar.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days.
Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at www.jiujitsucalendar.com’s sole discretion.
C. Repeat Infringers. www.jiujitsucalendar.com will terminate the access privileges of any user who repeatedly infringes the copyright rights of others.
12. Indemnity
You agree to defend, indemnify and hold harmless www.jiujitsucalendar.com, its managers, members, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to www.jiujitsucalendar.com; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party rights, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of www.jiujitsucalendar.com.
13. Privacy
www.jiujitsucalendar.com may collect registration and other information about you through the web site. The collection, use, and disclosure of this information is governed by www.jiujitsucalendar.com’s Privacy Policy available at http://www.notasgoosasthebook.com/privacy-policy/.
14. General
By using www.jiujitsucalendar.com, you consent to receiving electronic communications from www.jiujitsucalendar.com. These communications will include notices about your account and information concerning or related to www.jiujitsucalendar.com. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. These Terms of Use, together with any other legal notices published by www.jiujitsucalendar.com, shall constitute the entire agreement between you and www.jiujitsucalendar.com. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and www.jiujitsucalendar.com’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. YOU AND www.jiujitsucalendar.com AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
15. Contacting jiujitsucalendar.com
If you have any questions or concerns about these Terms of Use, please contact us through our Contact Page at http://www.jiujitsucalendar.com/contact.
